The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-12-30 00:00:00

L I Vii,'ll PO6 PUL

• INFoRII '•--lONS AI;AIN ST ;THE V A UXH A LI.-;:o C4O;ltfICA.:l; '
(n. jr-o"'" hS Wednesday, at the Policeot:'tiee, pliiiiner
u.,..titititt:trions were laid- against, the. proprietors of the .vitrio.l
.
:k•sitt Van:kit:Ail-road, under the new by-law, for creating a-
-Ity the-,generaticur of murnitic acid gas, to the discudfr-
.
attu of the inhabitants. • .
"
,e,s“st Litigari, Hardman' Earle: Ileywood,atid.
tta.t.ntione qtpea!'ed as tintuistra:tes the bench. . • •
ABLES appeared in support of the informations:and
ukout,ti on behalf of the defendants. • •-• •
:-•;:tuttleworth, the magistrates' cle4,-then proceeded
-
read the brat tutor:nation, which purported to he exhibited On
the 27th of .Ut:cewit,r; againSt :Nethan Holmes, for.
breich 'C a by law, of the town. of Liverpool, by making,
setulil:g forth, and dispersing, thrtitigh tire sttee4;
taititigh.bi!Viisgteu-L,,sh, &c., a certain nf.xions.and destructive
v
414?111, being pr udici ato the health-and comfort ut the Liege
tobiects to •he j
ak.
then said, " I appear here On: behalf of this,
111tuortratiou ant; it tall:, first you have. been ealled un-to -try
1
I'd" toe hV-1::w r,iilting. to them."' . _
Mr- 11 sunKN tote t take a. prelintinary. objection. I
kutt,y tit,•.l author, iy you assume jurisdiction
ter this CHse, ;*,1711. I.lv- ,t..v gives no power to the magtsaates.. •
Ntr. Vott have unt.seith it. -
34r- ti't±n,ant,es.—i ain afraid Mr. Harden has not read the
womicipal reforto 00.1 with the :Attention which he ought to hive
?"; becapse I :tinik, before iln; end Of this ease he will be
etinvinceri th 1 iit his appeal. i appear, as
I said before,. fit the tittlence• of this•inforniatt.w. You are
aware, under the-Monielp II act,: that 'a power; by.. the 90iii Sei..-
1"4. is given to the.differeut councils to Make trY-laws hir the
l'reveutien of such nuisances iu the beroiighS. Now Lassume,4
ft a matter of tact; that. there is an act of-suchi community in
tree in this h„rttniti which gives to the magistrates that power.
Lo prevent these.nuisances, and therefore that I property. coin-
under the rt•fOrnt act, which was the substratum for the
authority whichd talon vou exercisu. Th4-.9oth section of
"e municipal refuict' act enaboWers two-thirds of the council •
sitiettio:ed to na ke-aby-law for the prevent ion of such nuisances.
shiny yon that en the of August I rut the council met,.
'if whom two-thirds werepresent, including the alilerinen,•ind
that thathy-lavt.was,passed. This hyla.Vl imposed a penalty..on
oils nuisances within the borough, like the present. Da the Bth
of august the by lar;7 rosest, and. by the powers of it's act it
was not to come,iiiiti operation until it hail been laid before one
of his Majesty'svrinclital. secretaries of state; and if at the-end
Of that tinie, iu which it was hi be laid, it were suffered to pass,
that by-law came in-fOri.*‘e.' That occurred on the '2•3d of Sep.
!etrther, when it would he in fiercer I shall show yo t that these
latormations were laid-wit hreettnouths th -t :time. This
°s'-law impitses a penaltv--which is the -utmost penalty: the
council were enabled to Mil:et—it imposes a penally of Lo, fur
which lam sttieg. Ou the sth of December 1 will show..you
that Mr. N. diolinee, wilt.) keeps a manufactory of some kind,
or other 'works.,, created a tinisancepy pebnittiag to come froi4_
his cliironev a _white vautei 1751C11 Was prejudicial to the heaith
or the comfort of the inuaiiitauts. 'I will stateto.you the words
.f the act,." auythi-ng which causes any prejudice to the heatti
o,r distutbs.tbeir ewe/art ; ' and therefore net d
. . .
health
enter into the 4-testiou tvhether this is prejudicial to the
ocalth of individuals or not, if I can show audit is prejudicial
to the comfort of individuals. I will shoW you this was ex-
tremely -ditiagreeable to the persons. who telt .it, and that it
cruised a hard cough and injured the eYei; and I shall show
that it injured' the furniture in. the neighbourhood,. These are
the facts of the ease; and due notice has been given td the de-
fendant.' I will. thew prOetr.f• the. by.lav in the usual way, by
'bowing a copy of it, • under the usual seal of the borough; and
titer), when I have done that, I will' show the drift of the by-
law, and then show that.the defendant has offueded against it.
These are the short facts of the case. I will prove the nuisance,
amt will thentall:on the court 'to indict the penalty of £5. They
lave n 3 po,%er to mitigate, but a power of suspending the fine.
NV:l,m i have done that I shall feel I have done my duty, and

91eeoa.;t71:a.MT:stti.e will do. theirs.
MaJindale proved serving a summons on the defendant on
Sa!urday,night,..th.araswer the information. .„
Chiles Aaron was then csiled. He dliosed to being in the.
office of the Town-clerk, in Liverpool, and that he had been
there some time., , He was acquainted with the seal of the cor-
Potation of the bo'retigh..' lie hal seen it on varions-occisinus
used, was, acquainted with its character. lie produced a copy.
from tht., corporation books. of ,the bye-law exhibitted. was
coy of the live-law he held in his hand. He,had compared
it With origidarentilt- in the' corporatiortbooks. It was affixed
to the book. ..It was an-exact copy. lie sent a copy of the
.
byeaW to post !a go to London, on the 31st of AngUst. He
(*rape. ei that' copy ,t hich was so sent, with the one which he
tompare i .pith the book. The copy whiclkhe sent to London
Wes 3 fa,, copy of the bye-law. It was under the seal, and was
di•ec!r d to the Right lion. Lord John Russel, Secretarr,,of
State.ft4! the' Hmne Deyartinent, London.
CroAs-dit'aminetl.—He did not compare that copy he sent with
the original of the hook.
Mr. HAI: De.s.—Have. you_ seen that copy that was sent ex-
posed any where ?
Ale..-VENAtir.irs-.-1 have got another witness.
Mr. HALL—Witt, what did you compare it?
Wttriess.—With that hung at the Town-hall, and this copy.
Air: HALL —And the one sent was precisely similar to the
one at'the Witness.—Yes Sir.
Mr. H A linsrt.-llid you examine it with that ?

Witners:—Yes•Sir..
Thowas -Drummond deposed to being emplr ed at the Town-
hall, at (le latter• end of August last.. lie liked up a copy of
the bye.lax-on 'the,Totru-ball. The paper produced, was the
one he : Hixed. It continued there awls the 131.1t.uf August till

.30th of Septe;rer..ila had not comparedit with any paper.
Crook deposed that he compared the paper pro-
Iluced with the original'h!e--law. It was an exact copy.
Mr. Ilsitoax.-19!ti y m compare the one sent to. the Secre,
tail, of State with- the oriJittal iu the book ?:
Witness.-----No, .1 dit
11 niieN.L-Tben it has not been compared with that one
in the ho.ik ? '
his not. • It has been compared with that
paper hung up, 4tid that is an exact copy of that in the book.
Mr. VErifratas.—Have I anything to do further to prove that
it has passed the council ?
Me. Li ALI..LNow ,ye will read the bye-law.
Mr. t:ihuitlewOrth then read the- hye-taw tor the suppression
of the Jiernicalttnisatmes, passed by the council on' the 4th day
Augug last, together with the preamble taken from the 90111
section s,f the muo;cipal reform act, empowering the council to
make bye-laws;:.:
. . . .

jest to-the jarisdietion.
Mr. Vi.ir'a I, ve only to refer you to the 91st section
of the arta which gives poeer to the magistrates to deal with
such offence's in ,t snmuiary way " And be it enacted, that all
the provisions heramafa r canotined, relative to offences against
this act. punisha'o:e on y oouVietiOtl, shall be taken to
apply to all °Puce, ea:arnica- I al ia:eaoh of any bye-law or re-
gulation made by ei,:t ue ;if this mt. ' And then the 127th sec-
tion,
goes on to state in•-what oata,e the penalty shall- be levied,
and the 128th 'section gives a power to any rate-payer to he-
route a- aranputerawitness though the penalty may•go fur the
Use of the hoCOugh ru , 1. •,
Mr. HA ft DEN.—A jurisdiction Of this tort •must •he clearly
given, and not by implication. I take the9lst clause to be this,
that ail the provision!; hereinafter contained "relative to of-
fences arliieh are' :i;:ainst this act, &c.," thi‘t is, all the offences
enumerated in the act, a hich the 91st section relates to; and
the'effencas and which aortae after-earetion 126, and after
*action Jai, are madeao apply. to convictions for any breach of
law 6r regulationsruaile in this act. But there is nothing in the
91st sectiou, or in any other,' Which says; the council shall have
power In convict shatinarily. It merefa extends the provisions.
Theie 'provisions apply to the aindieation of penalties to be re-
covetable in a slime' Irv.?
.trranner. The 128th section gives a
poweia.fo
.stainition witnesses, and inflicts peualties fur disolie-
dienee.of so:11111,ns. sow, sir, the 91st seatnin applies, accord-
ing to-the grammatical construction of the section, to giving a
power to punish any breach of law contained in the act, but it
dues uel. give any summary conviction for any breach of a bye-
Mr. 11At ca—The 90th sec:Tian, it •is qUite clear, only applied
to eases which ayere punishable at a summary manner, because,
it begins by statitia. •' that it shall be lawful for the council of
any borough .make such bye.laws•as to them shall deem meet
for:the geed'rui, and government 'of the borough, and for the
preventain and aupereasion of all such nuisances as are not al-
ready -ptieishalile it: a sumetary manner'by virtue cif any act in
free itatta!•.h bora igh;" which shows imait clearly that the bye.-
laws in tlita section ate only applicable to sum-
mary e.9it....i:fign•;. Then the 9isi sectionstates, " shall he taken
to apply to all. in breach of any bye-law."
Mr. 11.1119aa.—Naa sir ; that is applicable by summary,con-
Yiction
Mr. Ha I. L.--L"-Nb, an ; • the -128th section contains provisions
as to the sionmoning of witnesses, and .then goes •on to stale,
that if any person, •so summoned, shall neglect or refuse to
appeario disobedience, shall forfeit a sum of and then the
129th section goea un -to say, that the juitices of the-peace.may
adjudge such persons convicted to pay penalties. • Now, limier
the bye-law that Passed, it is considered as part of the act; that
bye.iaw was passed On an occasion that was clearly applicable
to summary conviction. There is no other mode of enfercing a
bye-law but by summary conviction. The 91st section ex-.
pressly states 'Chat.
Mr. Hatt DE N.—The 9.lst section gives nn such power. This
is an hareeesa po 114 witaiait any jury. It i• 4 of so extensive a
natirreOh'at'uuless. it was' made as-clear as neon-day that the
Timer was to be given it ought not to he.assumed.
Mi. 'ea a r.S.--Thist is cis Clear as 4 day. What would be
:the use of a lave-law if there could not be summary conviction.
This is very. clear and intelligible—those who run may read it.
Mr. Il'aat'2,4:There are certain offence: that eau be punished
by the act, ';9•41 certain' other offenCes only punishable by the
bye4aws. When. We see the 91at Clause, it appears that all the
proYisians in like manner, relate to the bye•laws. Now
to the toaal e• it gives the tnagistrates the power to convict,
the 13eilialty -if L 5. '
MraHaenaa:--Bl.fore we go on, think the informations
with regard to this bye-la a' do not bring it under the act. About
the examined espy the sale: act. states that a copy should be
sent to the sect etary of state.
M'r. YEN AE. have cared that.
Mr. H is objection is that you have proved that the
ropy was sent, but that it was= nit compared with the original,
but-compared wilh-this.copy here, which Wascompared with the
original.• • • •
Mr. Vasarsacs.-1 aPpreliend, strictly speaking, that it is an
..exaet copy. There-is uo direction that it should be compared
with the original:
Ilata...—ft Watild have heen ceetaiiily much tuore pru-
•dent to have compared it a t.th the original.
Mr. VENT Al 3 I es.--This is the copy which. was exhibited on
-the front of the Town-hall, act was, in factapromulgated to the
public 't7 and the c0;:y seat to Lord John Russell 'was cote pared
with this.
Mr. HARDEN:—:h cr)py,of a copy is not like a copy of the
original.
Mr. HAT.I..—Thy act directs that a copy shall be sent •to the
Secretary' of Stars of ;he original hyesiaw itself. There is no
Question that the ..locum' nt is 'perfectly good, because it is
Proved to he compared with the original. • The only question
raised is. h iw far the crap; sent up to Lord John Russell is a
Q:4ir of the hyp•Jae.
'Mr. VliN aT...5.--Peth,,,,s will consider that.
Mr 114,. RDEN.—Fron, the -and.iguity of the wording of this
section it is by no means clear that the copy itself exhibited • at
the Town-hall should rot have been sent. . • •
'Mr. II st.a.--There is nothing in. that. A copy should be
went, and a copy affixed. The only debateable paint is• that in"
the first instance--how far it may be deemed to be a copy of
the nriainal.
Mr. V 67.7 A sLr.s then railed Mr. Henry Boswell Leigh.--lle.
deposed to resilino at al. St. James's-virect North, and being
a bonnet-maker. Ile-kite* where Mr. Holmes' alkali mono-
fectory Was. On the stl of December he saw a white vapour
rising from his rhimnav Wen minutes. past twelve o'clock. It
s'l'at tatting a north-earierlY direction. The wind - was blowing
santh-west. The yapaar tiffected his breathing and sialit. The
direction which- the vatieur was taktra, would pass over rather-a
t'"Talietis part of, the town—over haites• nad streets .where the
irhalitants were rat•sitta. The general effect of the vaponr at
other times caused hits to cough, asud made a, twinkling sense-
lion in his ea es 'chic' was very disagreeable.
elres aotaminetl.--P e enttla rot sum ear that .this irjerious
'iffeat was- produced by Mr. Ilelrnes' raarufm tot y op the daa in
11'""iati ; it mielit hare been • Ayres.
rieeonttibeted to that•effect. There ware soap PaPtlfac!otieS