The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1849-10-09 00:00:00

TOWN COUNCIL PROCEEDINGS.

The first business brought before the Council, at their
monthly meeting on Wednesday, was a letter to the
Mayor, from Archdeacon Brooks, stating that with the
consent of the bishop the clergy of Liverpool and the
neighbourhood had determined on setting apart Tuesday.
the 9th instant, (this day,) as a day of fasting and humi-
liation, under the recent fearful visitation from Almighty
God. The MAYOR then read a notice from himself to the
inhabitants which, will be found in our advertising
columns.

The MAYOR then said he had to lay before the Council
a letter from Mr. G. H. Horsfall, stating that, finding he
had been absent from the town more than six months, and
thus vacated his seat, he begged to resign, and desired
that a new election should take place immediately.
After some discussion on the question, a new election
was ordered to take place.
The proceedings of the Finance Committee having been
read, and their confirmation moved,
Mr. HARBOR)) called attention to the different fares in
the new by-laws for hackney-coaches. They seemed to
him to be quite inconsistent, for some of the fares near
the town were one shilling more than those at a farther
distance. He hoped they would not be confirmed, for
they seemed to him to be quite preposterous.
The MAYOR.—I was just pointing out to the Town-clerk
that if I got out some distance on this side of my own
gate, I have to pay 55., but if I go to my own house I
have only to pay 4s. So I shall always take care to go
the long distance. (A laugh.)
Mr. LAWRENCE.—The short fares have been reduced,
and the long ones remain as they were.
Considerable discussion having taken place on the sub-
ject,
The MAYOR said there was several gross blunders in
the book of rates. _ _ _ _ _

It was then agreed that the by-laws be referred back to
he committee for reconsideration. _ _ _

The rest of the proceedings were then confirmed.
The proceedings of the Watch Committee having been
read,
Mr. TURNER moved their confirmation, and took that
opportunity of bringing forward his motion for a super-
annuation fund for policemen. The proposition which
the committee wished the Council to adopt would be to
some extent self-supporting, because, according to an
existing act of parliament, the committee were authorised
to take a 36th part from the wages of each policeman for
this object. In addition to this there was, at the present
time, £2OOO in the hands of certain trustees, which, in
addition to fines and receipts from other sources, produced
an ihcome of about £4OO a-year. If to this they added
what would be deducted from the policemen's wages,
which would amount to about £5OO, they would have a
very handsome sum. After some further remarks in sup-
port of his motion, Mr. Turner resumed his seat.
Mr. PARKER seconded the motion.
Mr. HORNBY opposed the proposition, on the ground
that a man who had been in the force for many years
might be discharged for no misconduct of his own, and
after having contributed a heavy sum to the fund, might
be disentitled to any benefits. In that case it would be a
great hardship.
Mr. HARBORD opposed the motion at considerable
length, on the ground, that if the proposition was carried
out, the present fund, which went to support the widows
and orphans of policemen, would be, to a great extent,
absorbed by Mr. Dowling and the other superior officers
of the force. _ _ _ _

After some discussion on the subject, in the course of
which several members expressed a similar opinion,
Mr. PROCTER moved as an amendment, that the pro-
ceedings of the committee be confirmed, with the excep-
tion of that portion of them which referred to the act of
parliament relating to a superannuation fund for police-
officers.
Mr. lIARBORD seconded the amendment, and in doing
so wished to bring a subject forward connected with the
duties of the police, which involved an over-stretching of
power on the part of the police.
This led to an interference on the part of the Mayor,
who said he would not allow anything to be discussed that
was not on the face of the proceedings, and that on the
amendment which Mr. Harbord had seconded being car-
ried, the proceedings would be confirmed, with the excep-
tion referred to.

Several members of the Council considered that the
ruling of the Mayor was erroneous, and eventually
Mr. HARBORD was allowed to proceed. He wished to
draw attention to the manner in which the by-laws relat-
ing to driving in the streets were carried out by the police.
Mr. Harbord was going into the details of the act of par-
liament relating to the question ; when
The MAYOR stopped him, stating that he would not
allow him to proceed, because he Iwas finding fault with
the law, which was out of place. He suggested to him he
had better write to the chairman of the Watch Committee
on the subject.
Considerable dissatisfaction was expressed by several
members, it being contended that it was perfectly in order
to bring anything before the Council connected with the
police-force, although not on the proceedings.
Mr. PROCTER'S amendment was then carried, and the
rest of the proceedings were confirmed.
The proceedings of the Water Committee were then
read, from which it appeared that the resolution of the
Council, ordering the committee to withdraw the notice
which had been served on the bankers, had not been
complied with; and the committee required to be furn-
ished with copies of the resolutions, proceedings, &c., of
the Council, and Special Committee, with reference to the
payment of money to the pipe contractors.
Mr. HARBORD, in moving the adoption of the proceed-
ings, referred to the payment of £2,900 on account of
pipes which had not been paid by the Water Committee,
and which the Water Committee would not permit to be
entered in its accounts. With reference to the resolution
of the Council, that the Water Committee should with-
draw a certain notice, they would find that at the last
meeting of the Water Committee the chairman and Mr.
Langsdale were deputed to wait on the bankers, in con-
nexion with the instructions received by the committee
from the Council. They had waited on the bankers, and
taken the liberty of explaining to them the reason why
this particular resolution had been come to. He then
proceeded to detail the circumstances under which coun-
sel's opinion had been taken by the Water Committeee,
and read that portion of the opinion referring to the
banker's a?count. He (Mr. Harbord) had taken the
opportunity of requesting to know, with reference to this
payment, whether it had been made with the sanction of
the Town-clerk, in obedience to the check, signed by Mr.
T. B. Horsfall, and the Town-clerk's answer was that the
Special Committee had given no orders to pay any money
except to parties entitled thereto by existing contracts,
and under circumstances precisely similar to those which,
after the Council having had before them, directed pay-
ment to be made—those payments were made, with his
(the Town-clerk's,) sanction. He (Mr. Harbord) wished
to draw attention to this, because the opinion of Mr.
Henderson and Mr. Holt, the barristers, was written on
the Bth September, in due course it would be received on
the 9th, instructing the Town-clerk and the Special Com-
mittee, that such a course was irregular and illegal, and
on the 10th of September, in the face of this opinion,
Mr. Horsfall had sent a check for payment to the bankers.
The bankers were told that they (the Water Committee,)
would again consider the matter, that at their next meet-
ing they should be in a position to determine, whether or

not it was absolutely necessary they should give a formal
notice of withdrawal of the previous notice. In the
meantime, he kMr. Harbord) had had counsel's opinion
on the subject, which he would take the liberty of reading.
The opinion was from Mr. James, the Chancery barrister :

" I am of opinion that the proposed charge on the Corpora-
tion Estates, and that any application of the borough funds
for the purpose of the New Works would be illegal, and a
breach of the trust on which the management of the Corpora-
tion property is vested in the Town Council. I think an infor-
mation should be filed, seeking for the injunction to restrain
the proposed mortgage. I think the injunction should go
further, and pray that the Corporation and the several parties
might be restrained from paying the bankers and contractors
the monies due to them, as I am clearly of opinion that the
Corporation had no legal authority to bind the Corporate pro-
perty. by any such loan or contract, and that there are no
monies properly or legally applicable for the discharge of such
obligations, except such monies as may be raised on security
of the water account. The suit should be registered as a List
Ptenens. M. JAMES."
M. G. H. LAWRENCE asked to have the case read on
which the opinion was given.
Mr. HARBORD had not the case.

Mr. LA WRENCE.—Then the opinion was of no value.
Mr. HARBORD asked the Council whether it still in-
sisted in obliging the Water Committee to withdraw the
notice which had been given to the bankers, to induce
them not to honour checks which parties had no right to
draw for such a purpose.

. .
Mr. BENNET seconded the adoption of the proceedings.
A long discussion followed, in the course of which
several members of the Council expressed their suprise
that the Water Committee had not, as they were bound
to do, complied with the orders of the Council. It was
also noticed that the resolution of the Council had not
been entered on the proceedings of the water committee.
Mr. HORNBY moved as an amendment, that the pro-
ceedings of the Water Committee be confirmed, except
so much of them as referred to the bankers, and which
required that the committee should be furnished with
copies of the different proceedings taken by the Council
and Special Committee.
Mr. Ald. •HODGSON seconded this amendment.

The debate was continued for some time; and this
amendment was considered necessary to prevent the
Water Committee interfering with the functions of the
Special Committee, and to require the notice given.to the
bankers to be withdrawn. On the Council dividing, the
amendment was carried by a majority of 22 to 16.
For the amendment—The Mayor, Aldermen, D. Hodg-
son, A. Swainson, W. Nicol, J. Cooper, J. W. Turner,
T. Chilton. Town Councillors—J. Holme, J. Tyrer,
Littledale, Aikin, Hornby, Bell, Tobin, Booker, Lloyd,
Lawrence, Watson, Benn, Mann, and Fisher.
Against the amendment—Aldermen Henderson, Proc-
ter and Bent—Town Councillors Langsdale, Woodruff,
Hodson, Ferguson, Toulmin, Robinson, Harbord, Rogers,
Wagstaff, Neill, Johnson, Bennett, and Beckwith.
On the motion of Mr. HOLT, a memorial, signed by
W. Brown, M.P., John Moss, Robertson Gladstone, E.
Rushton, and many other gentlemen desirous of obtain-
ing a settlement of the dispute about the supply of
water, praying for the appointment of a committee to
meet the Vestry Committee, was referred to the special
Water Committee to confer with the committee of the
Vestry, and report to the Council.
Mr. Alderman PROCTER then moved that it be a re-
commendation of the Council that no committee meet on
Saturday. The motion was negatived by 19 to 10.