The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-05-15 00:00:00

PAROCHIAL AFFAIRS OF WEST DERBY.

PROPOSED IMPROVEMENT SCHEME.
Several meetings of the rate-payers of the township of
West Derby have recently been held, which have excited
considerable interest, the principal subject of discussion being
a proposed parochial improvement scheme, prepared by the
committee, on the merits of which there are strong conflict-
ing opinions. The proposed plan is one " for improving the
executive establishment of the township," and is in effect—
lst,—That every officer should receive a fixed salary, with-
out perquisites.
2d,—That the payment of such salaries shall be from each
description of rate or tax collected, and that a fund, to be
called a " fee fund" be formed, to the credit of which all
commissions on collections and allowances for specific duties
shall, instead of being paid to individual officers, be placed,
and all payments on account of salaries, rent, &c. be made
from such fund, and placed to its debit.
3d,—(We omit the specific duties assigned to each officer.)
That the executive establishment shall consist of

Salary.
A head rate-book clerk, with £5OO security .. £136
An assistant clerk.
One collector, with £5OO security
Two auditors, at each 2O
One surveyor of highways lOO
The first meeting at which this scheme was discussed at
any length was held on the 30th April ; Joshua Walmslev,
Esq., in the chair. It was then moved by Mr. John Taylor,
and seconded by Mr. Forshaw, " that the scheme for paro-
chial improvement, as far as practicable, should be carried
into effect."

On this motion an amendment was made by Mr. Thomas
Smith, and seconded by Mr. Vincent Higgins, to the effect
that the poor-rate assessment and other books be kept in a
public office, in security, and accessible to the ratepayers at
proper times, and not in the assistant-overseer's office, where
they were not accessible without much expense of time and
exertion of nerve. Also that a suitable office or room be for
that purpose taken.
On a division, there appeared—for the amendment. 42 ;
for the motion, 19. The amendment then became the ori-
ginal motion, and an amendment was moved that the
report be referred back to the committee, with an addition
of four other gentlemen, to report to another meeting. This
was negatived, and a poll on the original motion being de-
manded, the poll took place on the Ist and 2d of May, when
it closed, Mr. Smith and Mr. Forshaw not requiring its con-
tinuance.
The result at the close was—
For Mr. Taylor's motion...
Mr. Smith's amendment,..

PERSONS.
51
13

VOTES.

Majority for the motion .. 38 52
It was then moved by Mr. GRUNDY, and seconded by Mr.
BaassY,—" That a committee be now formed, to carry into
effect the Parochial Improvement Scheme, with power to
make such alterations in the details as they may deem bene-
ficial to the township, and, that the following gentlemen do
form the committee, viz.—The Honorary Overseers for the
time being—Mr. John Taylor, Mr. James Anderton For-
shaw, Mr. Edward Deane Falkner, Mr. Thomas Rowlandson
Robinson, Mr. William Eaton Hall, Mr. William Blain,
Mr. Robert Wilson, Mr. Joshua Walmsley, and Mr. Vin-
cent Higgins."

An amendment was moved by Mr. T. SMITH, and seconded
by Mr. V. HIGGINS, to the effect "That this vestry proceed
no further with the consideration of the said scheme, or with
the amendment thereon ; and that it be further resolved, that
the whole question be adjourned, until this day seven years,
that is to say, until the 7th day of May, 1847."
On a show of hands the numbers were—
For the amendment
For the motion

Majority 33
A poll being thereupon demanded by the mover and
seconder of the motion, the poll was appointed to take place
yesterday, and commenced, at the Commissioners' Rooms,
in Harper-street, Low-hill, at nine in the morning.
At the close for the day (four o'clock) the following was
the result :
For the motion
For the amendment lB9

Majority against the scheme
The poll will be re-opened this day at nine in the morning.
The result appears to be doubtful.

SHARP PRACTICE.

TO THE EDITOR OF THE LIVERPOOL STANDARD.

SIR,—A bank of Liverpool having received a bill TO OE.
TAIN ACCEPTANCE, sent to the office of the party on whom
the same was drawn ; the office being,leeked, a notice to the
following effect was deposited in the box for bills and letters :
" Bill for on , drawn by —, lies for
acceptance at the Bank
" Please take it up before three o'clock.
".13th May, 1840."

This morning, the 14th May, the bill above alluded to was
presented to the apprentice at the said office, noted, for non-
acceptance. A question between bankers and merchants
may arise on such sharp practice. It is acknowledged the
bill was drawn in Ireland, and after sight ; and the banker's
clerk states, he called more than once at the office; the no-
tice, however, was not left in the bill box until after three-
quarters past two o'clock.

The usual custom or courtesy between merchants has ex-
isted more than thirty years—to leave the bill for acceptance,
and called for the next day.
No advantage could be derived by noting yesterday, as no
post would have been lost by holding the bill until this day.
The bill is now refused acceptance, and the amount has
been sent to the drawers.

This is only reported as an occurrence between a bank who
has previously had similar bills in every respect, none of
which ever met either delay or dishonour.
QUERY.—Is the conduct of the hank justifiable, or does
the momentary absence of the drawer (being for some time
confined) and of his apprentice, warrant such a breach of
custom ?—Yours, &c., A MERCHANT.
Liverpool, 14111 May, 1840.

COURT OF QUEEN'S n BENCH.- .:EDNESDAY.

(Sittings in Banco.)
THE QUEEN V. THOROGOOD.

Lord Denman delivered the judgment of the court in this
case. It was a writ "de contuniace capiendo," which had
issued against the defendant for the non-payment of church
rates. A great many objections were taken to the validity of
the writ, on the ground of several defects which appeared on
the face of it, and the court was called on to quash it. The
first objection was that the " sign/cavil" did not appear to
have issued within 10 days of the commission of the con-
tempt, as was required by the statute the 53d Geo. 111. But
there was no doubt that the practice complained of had pre-
vailed for a long time, and so was no good ground of objec-
tion to the significavit. The second objection was that words
were introduced into the significarit which were not found
in the statute. The court, however, thought that they were
merely superfluous, and as they did not alter the sense, they
could not affect the sionificarit. The third objection was,
that this matter was not matter of spiritual cognizance, be-
cause the sum due was not more than £lO. The answer to that
objection was that all church rates were matters of spiritual
cognizance before the passing of the stat. the 53d Geo. 111,
and the court was of opinion that it lay on the defendant to
show the exception, and not on the court to negative its ex-
istence. The court must presume, so far ai the citation
went, that the spiritual court had acted in a case where it
had jurisdiction. The fourth objection was, that the writ
was bad for want of the addition to the name of the de-
fendant. The answer to that was, that if it was not rendered
unnecessary by the form given in the schedule of the stat.
53d Geo. 111. still looking to the act the sth Eliz.
which required the citation, it would be found that the writ
was not vitiated, but only the pains and forfeitures stated by
the statute, which were subordinate to the writ, were made
void. Now imprisonment could not be considered in the
light of pain or penalty, but as done for the purpose of
enforcing the sentence of the court. The objection, there-
fore, was not tenable. The fifth objection was, that the
spiritual judge by whom this sentence was pronounced had
no jurisdiction—that the matter ought to have been taken
before the commissary, who held his office for life, of the
county where the contempt was committed, and not before
the otficial principal. Dr. Lushington, who held both offices,
appeared to have acted in the latter character. The two
offices, it was argued, were distinct, and might be held by
two parties ; and that if they were so divided, the official
principal could not act within the county of the commissary.
The court, however, found, that at the time this sentence
was pronounced, an inhibition prevented the commissary
from acting. It was contended that the inhibition extended
to voluntary jurisdiction. But the court found that that dis-
tinction was expressly denied in those books to which recourse
must be had to find out the practice of the spiritual court. The
inhibition, it appeared by them, followed on the bishop's per-
sonal presence, and all the powers and authorities of a particu-
lar officer were suspended by it, the bishop bringing with him
not only the means of visiting churches and acting in spiritual
affairs, but also the power of his officers, among whom the
official principal was the superior. The court was therefore
principal _ _
relieved from inquiring whether the official
con-
current jurisdiction with the commissary, and it gave no
opinion upon that point. But even if it were not so, the
powers of the commissary were destroyed by the inhibition.
Another objection arose on the statute of Henry VIII., that
the appointment of the commissary constituted the district
a " peculiar" to the diocesan. It appeared, therefore, then
to the court, that all the objections to the writ were effec-
tually answered, and on grounds that did not call in question
'the judgment of Lord Tenterden in " The Queen v Tucker,"
and the doctrine of Lord Talbot, to which his lordship there
referred.—Rule discharged.

THE UNITED STATES STEAM-SHlP.—This beautiful ship,
which is lying near the President, in the Trafalgar-dock, is
in a state of great forwardness, all the heavier portions
of her machinery being already on board. A number of work-
men are on hoard fixing the engines, &c., and fitting up the
cabins. The accommodations will be of the first class, neither
pains nor expense being spared to render the whole, in ac-
cordance with past experience, a combination of the commo-
dious and beautiful. This ship (which we shall notice more
fully hereafter) is greatly admired, both for her model and
workmanship, and the taste displayed in the carving of her
head and stern.

PRIZE ESSAY ON MISSIONS.-It will be in the recollec-
tion of many of our readers that two prizes, of two hundred
guineas and fifty guineas respectively, were some time ago
offered, by a committee of christians, for- the best essays in
support of foreign missions, showing the " duty, privilege,
and enconragenient" that may be urged to stimulate to in-
creased liberality, prayer, and devotedness in the cause. The
prospectus was issued under the auspices of the professors of
theology in the universities of Edinburgh and Glasgow, (Drs.
Chalmers and Mac Gill,) and of Dr. Duff, the eminent
Indian missionary. We are happy to learn that about sixty
essays were lodged ; these are now under examination,. and
the award is expected to be intimated before the close of the
year. When we mention that the arduous task of adjudica-
tion is being discharged by Mr. Melvill, of Camberwell, Dr.
Walsh, Professor of Church History in the University of
Edinburgh, Dr. Wardlaw, of Glasgow,. Dr. Bunting, of Lon-
' don, and Mr. Crisp, of Bristol, it will be
evident that ample
pains have been taken to secure an intelligent and impartial
award.

THE ISLINGTON MURDER.—Richard Gould was brought
up for re-examination on Wednesday, on a charge of burgle-
riously entering the dwelling-house of the late Mr. Temple-
man, at Pocock's-fields, Islington, and stealing from thence
a quantity of silver money. The street and the avenues lead-
ing to the court were thronged at an early hour of the morn-
ing, and the utmost anxiety prevailed to catch a glimpse of
the prisoner, who arrived at Bow-street early in the morning,
and was locked up in one of the cells until the commence-
ment of the proceedings. Jarvis was also present, having re-
ceived directions to attend with the other witnesses, most of
whom gave evidence at the trial of the prisoner, at the Cen-
tral Criminal Court, last session. At the close of the exami-
nation, the magistrates ordered him to be remanded until
Tuesday next, at twelve o'clock.
THE QuEsnoN.—" Pray madam, do you like, buttered.
toast ?"" Yes, sir." " Buttered on both sides ?'' " Yes,
sir." " Will you marry me ?" The mode adopted by a
certain eccentric physician is almost as condensed. A lady
came to consult him. He prescribed and took his guinea.
" Madam," said he, " I wish to see you again this time to.
morrow. In the interval take the medicine here prescribed,
and ere we meet again, make up your mind to give a plain
` yes' or ' no' to the question I now put to you. I am in-
clined to wed, but have no time to woo. Will you allow me
to lay out my fee in the purchase of your wedding ring '—
Frazer's Magazine.

2