The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-10-08 00:00:00

REVISION COURT.

On Wednesday morning the court proceeded to call over
the list for Great George Ward the second time, when a few
parties who did not appear were cut off.
Soon after the commencement of the proceedings, an ob-
jection was taken by the reformers to a notice, on the ground
that it had been put under the claimant's shop door after
eleven o'clock at night. This was proved to have been the
fact, and it was contended that such service was not good.
Mr. Yates declared his opinion that such service was in-
sufficient.

Mr. Wilkins said it appeared to him that such a decision
was inconsistent with a forner ruling, where it had been
known that a notice was put under an outside door which
was common to several warehouses. On that occasion one
of the assessors tortured his imagination to prove that it was
a good notice.
Mr. Yates, who took Mr. Wilkins's remarks as levelled
at himself, observed that he would not tolerate the insolence
of a hired blackguard.
Mr. Wilkins said his (Mr. Yates's) temporary elevation
had made him giddy, and that he did not know how to bear
a dignity so new to him.—His (Mr. Yates's) position in so-
ciety gave him the privilege of being insolent to his superiors
with impunity, and that out of court he would not be allowed
to associate with his (Mr. Wilkin) servants. If his (Mr.
Yates's) remarks were repeated out of court, he (Mr. Wil-
kins) would kick him from one end of the street to the other.
The mayor immediately adjourned the court for a short
time.

Nothing further worthy of note occurred in the course of
the day. About three o'clock the wards of North and South
Toxteth stood next in order for revisal.

The Mayor asked if any arrangement had been come to for
withdrawing a certain number of objections in this ward.
Such an arrangement was exceedingly desirable, and he hoped
it might, by a little discussion, conducted in an amicable
spirit, become to without any disadvantage to either party.
A gentleman observed that there had been some deliber-
ation, and there was a paper before Mr. Shuttleworth which
showed the result thereof.

Mr. Shuttleworth said the paper alluded to only showed
that there was no result at all. (Laughter.) The parties
had not been able to come to any agreement. _ _

Mr. Berry said the reformers had proposed to withdraw,
so as to reduce the objections to eighty on each side for South
Toxteth, and sixty on each side for North Toxteth. _

Mr. Pennington said the conservatives proposed to with-
draw, so as to rednce the objections to sixty on each side in
both wards.

Mr. Finch, jun., said the reformers could not accede to this
Mr. Harbord said the conservatives could not agree to the
proposal of the other party.
The Mayor said the difference was now so very slight that
he thought each party ought to give way a little. Suppose
they said seventy for South Toxteth and sixty for North
Toxteth.
Mr. Finch would not agree to that.
Mr. Harbord would agree if they would say seventy for
South Toxteth and fifty for North Toxteth.
Mr. M`Kee said he would recommend that they should
agree to the Mayor's proposal.
Mr. Wilkins and Mr. Penington recommended the con-
servative party to agree to the Mayor's proposal. After some
little hesitation it was agreed to.

Mr. Wilkins requested the Mayor to adjourn the court till
the following morning. _ _

Mr. Finch hoped the Mayor would not adjourn till next
morning, as they had a great number of men present who
had already lost their day's work. He hoped his worship
would not adjourn longer than one hour.
Mr. Penington said he was not prepared with the names
of those whom he should withdraw from the lists of objec-
tions ; he could not, therefore, procceed in accordance with
the arrangement which had just been entered into.
The Mayor hoped each party was authorised and prepared
to fulfil the agreement. He would suggest that it be put in
writing, and that each person should sign it. That done, he
would adjourn till the following morning, and the parties
could exchange lists at eight o'clock that evening.
Mr. Penington said he was fully authorised to enter into
whatever arrangements he thought proper.
Mr. Snowball hoped he was similarly authorised.
The Mayor said it would be great reflection on the chair-
man of any ward if he refused to enter into any such amicable

arrangement.
The following agreement was drawn up by Mr. Shuttle-
worth, signed. by the two solicitors, and lodged with the

Mayor

- "It is agreed between us that the number of objections
made to persons as being entitled to remain on the Burgess
Lists of this Borough, shall be reduced to seventy on each
side in South Toxteth Ward, and to sixty on each side in
North Toxteth Ward, and that the lists of the objections
withdrawn on each side shall be exchanged between the chair-
men of the ward committees respectively, at eight o'clock
this evening.

" Datedth:s 6th day of October, 1841.
JNO. PENINGTON
Signed, 1 J. E. SNOWBALL.

YESTERDAY.
The court resumed at the usual hour, and in the first in-
stance went through with the North Toxteth Ward with-
drawals of objections, proceeding afterwards with the objec-
tions in South Toxteth. The business was general y devoid
of public interest, if we except a decision of the court affect-
ing a considerable number of cases, and a mutual explanatory
apology between Mr. Yates, one of the assessors, and Mr.
Wilkins, barrister for the conservatives. We give a brief

iotice of these in the order of their occurrence.
Several cases were brought forward in which individuals

becoming tenants of premise's after the commencement of the
parochial year had paid rates for the period only during which
they were actually in possession.
Henry Brown, who was rated for a house in Park-road,
proved that he went into it in July, 1840, and that he had

previously occupied a house in Essex-street for six years.
The Overseer of Toxteth-park was then asked if he was
rated in the November rate, on the rate laid in November

'or that street.
The Overseer said :—No. He claimed to be rated in the
place of Hobert S. Cummings, the previous tenant. The
whole of the rate of that year was not paid by Brown. He
paid a part of it, and Cummings paid the other part.
Mr. Penington contended that the incoming tenant ought
to have paid the whole of the rate laid in November, whereas
he had paid only a portion of it, and had not therefore ful-
filed the requirements of the act.
The Town-clerk said, that since the question had come be-
fore the court he had only had an opportunity of perusing
cursorily a case laid before the Attorney and Solicitor-Gene-
rals. If the court would wait a short time he would peruse
it, and give his opinion.
It was, however, afterwards shown that one month of the
rates was still unpaid, and the vote was therefore adjudged

to be bad.
A case afterwards came on bearing on the same point—the
apportioning of rates to tenants during this actual occupancy,

-and
The Town-clerk said—l have perused the case which was
submitted to the Attorney-General and the Solicitor-Gene-
ral, and the reply of the court, who concurred with him, was
—We think the overseers are right in apportioning the rate
between an outgoing and incoming occupier, in the manner
they had done. Following this authority, my opinion is,
that when a rate is laid on a house on the 13th November,
1841, and a person comes into occupation on the 25th Sep-
tember, 1841, and the outgoing tenant has paid the rates from
the 25th March to the 25th June-6 months,
.and the incom-
ing tenant has paid from the 25th June to the 25th March-
-6 months,—the parochial year being from the 25th March to
the 25th March—this is a good payment, and entitles the last
tenant to be placed on the register. The same holds good
even if the rate were laid on any other day between the 25th
March and the 25th March following.
•He then cited the act, authorising this apportionment of
the rates, viz., 17th Geo. 11., cap. 38, sec. 12.
The decision thus given was made applicable to a conside-
rable number of cases, but Mr. Wilkins took a general ex-
ceptior to all of them to which it was applied.
Previously to the usual rising of the court at five o'clock—
for refreshments against the evening sitting,
The Mayor stated that he had to call the attention of the
court to the circumstance that in the heat of debate of a case

on the previous day some hasty words had passed between
one of the assessors and a professional gentleman ; and he
was happy to say that the parties had a desire to offer a
mutual explanation, which he was sure would be received
with gratification by all who heard them.
Mr. Yates then rose and said in effect, that he felt great
gratification in having an opportunity of offering an ex-
planation in reference to the circumstances alluded to, not
only in justification of his own character, but as regarded
the gentleman to whom he had been opposed, and the court
of which he formed a member. Since he had been appointed
as an assessor of that court he had held no communication
with any individual with it ; he was influenced by none ; he
was in no respect a partisan, but relied on his own unbiased
judgment. He considered it fortunate for this part of his
plea that his colleague, Mr. Grocott, who he believeddiffered
from him in every point which he (Mr. Yates) considered
essential in politics, had agreed with him in his decisions in
that court. lie did conceive, however, that Mr. Wilkins
had made pointed remarks regarding him, during his in-
vestigation, that were not consistent with the courtesy due
to his station in that court ; that tended to disparage him in
the eyes of the public, and to draw down unmerited ridicule
upon him. When under this impression, and goaded by
some further remarks or. the part of Mr. Wilkins, he
had made use of an expression on Monday last which
be could not now justify, and which had led to a
further misunderstanding. He had since been informed
that he was labouring under a gross misrepresentation of the
purport of Mr. Wilkins's observation ; and he now withdrew
an expression he felt was not only derogatory of his own
character but of the dignity of the court. He concluded by
saying that he trusted his sentiments, expressed as they were
with candour, would be accepted in a similar spirit of good
will and sincerity. (Cheers in the court.)
Mr. WILKINS said that the acknowledgement made was a
matter of some congratulation to him, not only as regarded
the court, but as regarded Mr. Yates and hiinself. " Bis
vincit qui Gene vincit;" and no feeling in his situation was so
truly honourable to men as manfully to admit, when they be-
came aware of the fact that they had been in error. For
himself he would at once say that he was as much deceived
in the demeanour of Mr. Yates, as he (Mr. Y.) was in his.
He assured the court that he had no intention whatever to
disparage the conduct or character of that gentleman, or to
hold him up to ridicule ; but in the heat of the investigation
in which both had been engaged ; in the annoyance of
strangers, and he might almost say, the very persecution of
his own friends, he could not on all occasions maintain that
temper and equanimity which became those who were en-
gaged in a serious and deliberative inquiry. He willingly
admitted that he himself had no right in addressing the
bench to make use of the particular expression which bad
given so much pain to Mr. Y. on a former day. He now felt
that it ought not to have been made. And he must add, thatall
he had afterwards said was equally the result of the goading
impulse of the moment. He could not too much admire the
good feeling shown by Mr. Yates this day. He was to him
a total stranger when he first entered that court. He did
not even know his nameuntil he learned it on inquiry of
1
Mr. Penington. Mr. Y. had uttered the sentiments of a
gentleman, and a man of honour and education; and he
trusted that following up the same feeling, he would hereafter
allow him to call him his " friend." (Loud cheers.)
This amiable explanation (of which the above is but a
brief outline), appeared to give universal gratification to a
very crowded auditory. The court then adjourned. The
business was resumed at a quarter past six, and continued
until nine o'clock, but nothing material occurred.