The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-05-17 00:00:00

LIVERPOOL TOWN COUNCIL.

The adjourned meeting of the Council was held on Wed-
nesday, Mr. J. H. Turner, in the absence of the mayor,
presiding.
Mr. S. B. LLOYD read an extract from a letter which
he had received from Mr. Mackenzie, M.P., defending
himself from the accusations made by Mr. Gladstone at
the last meeting :—" IVy answer (said^Mr. Mackenzie) to
Mr. Gladstone's attack on me is simply this, that I never
ceased trying to make Mr. Walpole appoint the ma-
gistrates in the town-clerk's list, but I could not succeed..
It is not true that I neglected to return the papers which
Mr. Walpole sent into the Treasury to me, as I carried
them into the Home-office with my own thands, and Mr.
Walpolaan no occasion wrote to me for them. On the
day after the division on .the budget that caused Lord
Derby's resignation, I went to Mr. 'Walpole, and
earnestly entreated him to appoint the -Liverpool ma-
gistrates while he had yet the power. He said it was too
late ; that his resignation was made; but he added—`
have put all the papers in a bo:., with a strong expression
of my opinion, which wilt be found by my successor, who-
ever he may be, and I hope he will carry out my inten-
tions.' Some time ago I received a letter, in my Lord
Palmerston-'o name (written by a clerk, and not signed
by him), asking me to restore some papers relative to the
appointment of Liverpool magistrates, supposed to be in
my possession. Knowing I had no such papers,'l applied
to Mr. Walpe:e to know what it meant. .He stated that
he would search his papers, and zee if he had brought
them away with him. Before I received an answer from
Mr. Walpole.to enable me to reply to Lord Palmerston,
the appointment of the new magistrates was made public,
having been obviously determined without any reference
to, or connexion with, the letter to me. This is the
plain truth, and-Lleave the inhabitants of Liverpool to
determine where the culpable negligence is to be found,
of which I have•been accused."
The Council then proceeded to the regular business ;
but, at a subsequent part of the proceedings, a letter hav-
ing been read from the Home-office acknowledging the
receipt of resolutions of the Council, in reference to the
recent appointment of additional macbdstrates for the bo-
rough, Mr. GLADSTONE, who was not present•when Mr.
Lloyd read the letter of Mr. Mackenzie, informed the
Council that he should not let the matter rest where it

was, but should lose no time in taking the necessary steps
-to substantiate the whole statement which he had made
-last week.
A watch rate of Id. 191,200ths having been sanctioned,
the minutes of the Markets and Education Committees
were passed. The minutes and resolutions of the Gaol
Committee were also adopted, a recommendation to in-
crease the salary of Mr. J. M. Wade from £llO to £l3O
per annum being directed to lie over, according to stand-
ing orders. Mr. T. D. Anderson was appointed a member
of the committee.
The portion of the proceedings of the committee not
included in the confirmation of the last week was read,
embracing a report as to railways crossing highways on
the level, and a recommendation to increase the wages
of various workmen employed in the borough engineer's
department.

The report •as to railways contained the results of
observations made by Messrs. Langsdale,. Johnson and
Moss, who had been commissioned to visit and inspect
various towns. They were of opinion that level crossigs
on streets and towns, however carefully worked, would be
attended by no small degree of inconvenience; but that,
nevertheless, the importance of railway traffic warranted
the sanction of such crossings in certain localities in our
own town, two men being appointed to stand at each gate
night and day, these men being under the controul of the
Council, though paid by the railway companies.--The
minutes were confirmed, together with the recommen-
dations of the committee.
The proceedings of the Water Committee embraced a
recommendation (the consideration of which was post.
poned from the last Council) to increase the wages of the
superintendent of engines and other servants.
The other recommendation was to accept the offer of
Messrs. Case and Morris, of land adjoining Audley.
street, as a site for the Everton reservoir, and also the
tender of Messrs, A. and G. Holme, for the construction
of the reservoir and works connected therewith on that site.
After some conversation, the proceedings were confirmed.
Mr. PICTON , after reading the minutes of the Library
and Museum Committee, said that the average attendance
at the institution was pretty much the same week by week,
because they had now got as far as they could with their
present accommodation. The number of readers per day
was about 440. The numbers attending the Museum had
averaged, since the opening, 1,500 or 1,600 per day. The
accommodation for books and readers was now becoming
so extremely deficient that the committee had been
seriously considering what steps should be taken to in-
crease it ; and he hoped that before many weeks they
would be in a condition to come before the Council with a
report on the subject, and propose something for their
adoption.
The proceedings were then confirmed, as were those
also of the Hackney Carriage and Baths Committee, the
recommendation in the former to increase the wages of
Inspectors Thursby and Johnston from 31s. 6d. to 335.
per week being directed to remain over, according to
standing orders. The Coroner's account, amounting to
£2l 55., was passed.
The minutes of the Gardens Committee were confirmed,
as were those of the Church Expenditure Committee, Mr.
HARmoon BANNER intimating that there were now placed
at the disposal of the poor of the district 390 free seats in
St. George's Church.

COURT OF PASSAGE-YESTERDAY.

(Before Mr. JAMES, Q.C., Assessor.)
The court opened at nine o'clock, before Mr. Edward
James, Q.C., the assessor, when there appeared upon the
cause list 29 cases, eight of which were withdrawn or
otherwise disposed of, and the first defended case which
was tried was that of
MELLOR AND CO. v. JoHN BATS.—This was a dis-
puted account between the defendant, a publican, and
Messrs. Mellor and Co., distillers, of this town. Mr.
Blair appeared for the plaintiffs, and Mr. Aspinall for the
defendant. John Butterfield, clerk to the plaintiffs,
stated that they had supplied the defendant with spirits
for a number of years, and on the 3rd of September, 1851,
Mr. Bath told the witness that he had taken a house (the
Globe Inn) in Simpson-street, and he wished to know if
Messrs. Mellor would pay the duty on a hogshead of rum
in bond, and supply the house in Simpson-street. This
they agreed to do on Mr. Bath guaranteeing the duty and
interest. He received an order for £5O worth of goods
for the house in Simpson-street, which were delivered.
Spirits were supplied to the house in Simpson-street until
the 17th February last, when it was transferred to a Mr.
Wilkinson. Mr. Aspinall, for the defendant, cross-exa-
mined the witness, who admitted that Mr. Bath informed
him that he had taken the house in Simpson-street for
his son Frank and Mr. Gates, (who were also in partner-
ship as omnibus proprietors,) but that he received all
orders for the Simpson-street house at the house in War-
wick-street. Mr,. Gates was called, and stated that when
the house in Simpson-street was taken by himself and
Mr. Francis Bath, Mr. John Bath joined them in
a floe to Mr. Anderton (the proprietor of the house)
for £3OO, the amount given for goodwill. The house
was managed by an assistant, named Price, who re-
gularly took the receipts to Mr. John Bath, at the
house in Warwick-street. Francis Bath left a power
of attorney with his father, and this was acted upon
when the license .
was transferred to Mr. Wilkinson.
—The main question dispute appeared to be, whether
Mr. John Bath was liable for the amount of goods sup-
plied by Messrs. Mellor to the house in Simpson-street.—
Mr. Aspinall addressed the jury for the defendant, ob-
serving that, as the house in Warwick-street was the
terminus of the omnibuses, the payments were regularly
made at that house by Messrs. Francis Bath and Gates
for the house in Simpson-street, which was under the
care of Price, a servant ; but Mr. Jahn Bath was not
liable for the amount owing on that account. Messrs.
Mellor were perfectly aware of these circumstances, and
the father had never made himself responsible to them
for payment of the goods supplied to the house of his son
in Simpson-street.—Mr. John Bath,, the defendant, was
examined, and stated that previous to the house being
taken in Simpson-street, he called upon Messrs. Mellor,
and asked if they would advance £3OO for the goodwill,
and supply the house with spirits ; but they refused to
advance the £3OO. Mr. Bath afterwards became jointly
liable, with his son and Mr. sates, to Mr. Anderton, the
landlord, for the £3OO. He never told Butterfield that
he would be responsible for the goods supplied to the
house in Simpson-street. Mr. Francis Bath has now
gone to Australia ; but left a power of attorney with his
father before he went there, under authority of which the
house was transferred to Mr. Wilkinson.—Miss Louisa
Bath was called to corroborate her father's testimony, as
was also her sister, Miss Emma Bath ; and Mr. Wilkin-
son, the present tenant of the Simpson-street house, was
also called for the same purpose. The license was in the
name of Francis Bath before it was transferred to Wil-
kinson.—The learned assessor, in summing up the case
told the jury that the two questions for their conside-
ration were, first, whether any partnership existed be-
tween the defeadant and Messrs. Bath and Gates ; and,
secondly, whether he had ever rendered himself respon-
sible for the goods supplied to the house in Simpson-
street.—The jury retired for a short time, and returned a
verdict for the plaintiffs ; damages, £779 /Os. 2d.