The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-05-04 00:00:00

TOWN COUNCIL PROCEEDINGS.

Ou Wednesday last, a monthly and adjourned quarterly
meeting of the council was held.
The Deputy TowN-cLEak having read over the minutes of
the last locating, proceeded to read over the

FINANCE COMMITTEE PitoceEntNGs.
Mr. Jordan, who has long bees in a stata of ill health, en
i -
tered the room, and his appearance was hailed wth loud applause.
It was resolved, that Lieutenant Lowe, the Governmentbil-
gration Agent, be informed that the committee regret, alter
every enquiry, not been able to find any engagement or under-
standing on the part of the council to induce them to accede to
his memorial, and provide him with lodgings.
An application was read from Messrs. Challoner, praying to
be exempt from the liability of erecting warehouses and arcades
on the east side of Queen's Dock, en some land leased by them
there under that proviso, and that they might be allowed to
erect offices in their stead. The application was grounded on
the recent determination of the dock committee to erect ware-
houses on the brink of the docks, which they contended would
make their erection of warehouses according to the provisions
of their tenure, a very unprofitable investment. It was not ac-
ceded to by the committee.
An application was made from the churchwardens and over-
seers of St. Michael's Church, for a grant of about £270 for the
erection of a children's gallery in that church, which it was de-
termined upon to recommend to be granted.
An application was made, relative to leave to make the
improvements in a warehouse at the corner of Temple.courl,
which was recommended not to be granted by the committee:
(We mention this, as it was afterwards the subject of a motion.)
THE WAREHOUSE QUESTION.
The Mayon then inquired if it was the pleasure of the council
to confirm the finance committee proceedings.
Mr. Bot. Tors and Mr. Bitten rose simultaneously, but the
Mayor called upon
Mr. Councillor BIRCH, who said there was one part of those
proceedings which he could not consent to, and to which he
cei tainly should have objected, had be 1.,e2n present in commit-
tee at the time when it came under disc assion. He alluded to
the decision of the Finance Committee on a memorial from
certain parties who were lessees under the corporation, to be
allowed to erect offices on land at the Queen's Dock. This was
one of the rather numerous cases in wnich land had been sold
upon a special covenant that the buyers should erect no build-
ings but warehouses upon it, and the memorialists now prayed
that, under the altered circumstances in which they were placed,
they should be relieved from that condition, ant] be permitted
to erect other buildings on the land. It did apAar to him that
they could not, with any degree of propriety he would say
even with any regard for common justice—enforce that condi-
tMn upon their lessees; because, after the recent decision of
the council upon the subject of building warehouses at the
verge of one dock, and the known intention of the promoters of
that measure to extend those warehouses to other docks, there
was no private individual, in his proper senses, woo would think
of erecting warehouses here even if the land were given him
for nothing. (Hear.) lie also thought the enforcement of
these conditions as impolitic as unjust, for what would that be
but the forcible creation of a species of property which must
ultimately be ruinous to the owners and occupiers of that part
of the estate. He did not Wish to enter into the discussion 0
the question of warehouses; unfortunately this was li!:ely tor
be a source of severe and bitter contention in parliainenta And
he, for one, should be glad if it did not turn out to be the'ine-
dim of severe injury to the port. But though he did that, be
did not wish the interests of any other parties to be str:rificed
by an act of the council; for he did think they had already done
sufficient injury to the interests of other parties W;thout doing
further injury to the interests of individuals. (Hear.) He
would then submit a motion, "that the proceedings of the Fiz
mince Committee be confirmed, with the exce;ition of that patt
which relates to an application from Messrs. Challouer and
Houghton,to be permitted to erect offices on land near the Queen'a
Dock; and that that application be submitted to the reconeiP
deration of the committee."
Mr. Councillor DUNCAN seconded the motion.
Mr. Councillor CURRIE rose, but was interrupted by
The MAYOR, who observed, that as there might be. other'
amendments moved on the finance committee's proceedings, it
would be better that it should be understood that Mr. Birch's
was an amendment on the original motion, that gentlemen who
had amendments to move might he satisfied that they would not
be precluded from moving them after Mr. Birch's had been dis-
posed of. It did not get rid of the finance committee proceedings.
Mr. Councillor CURRIE was quite aware of that, that it only
got rid of that particular in the finance committee proceedings,
and that afterwards any other amendment might be discussed
on its own merits.
The MAYOR only made the remark, as he saw one gentleman
rather uneasy.

Mr. Councillor CUR R lE.—" I dare say he will not lose his op-
portunity." (A laugh.) The council would be aware that
some time ago it had been determined to lay out money in the
improvement of George's Dock, to the east of Salthouse Dock,
and to the east of King's Dock, and that there should be an ar-
cade around those ducks. With respect therefore to coming to
the decision which the finance committee had done, they had
only adopted what they considered it their dut r to do, to provide
that arcades should be gone on with. He did not know that
arcades would be consistent to other buildings than warehouses,
but he understood that it was not the intention t., Asolve the
lessees from the erection of them, but that arca,es k.hould be
erected.

Mr. Councillor Bot. Tots said, in reference to what Birch"'
had said, he might further state that severe! individuals had
lost their lives by being exposed to the danger of loading and
unloading carts from warehouses. Mr Harrison had lost his
brother, and Mr. Harvey a niece, by the falling i:f goods err
this part of the property adjoining the docks. It therefore
very necessary for the safety of life and limb that a: eades should
be erected, as such a protection as ought to be nude for the
public.
The TOWN-CLERK said, his impression was, that the corpora-
tion was bound to maintain the arcades; at least to provide
that they should be maintained. The Town-clerk then referred
to the dock act, and read the clause referring to the point, from
which it appeared, (after reciting that it tr:9 a -necessary pro-
tection for the security of persons passing from the accidental
falling of goods hoisting in and out of the warehousee,) "that
it should be lawful at any time hereafter, to make, erect, and
form, to the warehouses hereafter to be erected arcades similar
to the arcades now erected fronting to the said docks; and that
arcades so formed should for ever remain open and be kept in
good condition." .
Mr. Councillor Birch.--Ifterhaps the Town-clerk will say that
is compulsory upon the council; the words of Lb. act are, '
may be lawful."
theTth.oeutilkltilywocettasidaisda,
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a.
tory
Mr. Councillor COOGAN could not say how they could en-
tertain the proposal of Mr. Birch He had entered into a com-
ment on the persons taking land of the common council, who
in so doing were restricted to erect warehouses with porticos,
and called upon the council as an act of justice that those indi-
viduals should be released from their covenant, because if car-
ried into effect that would be injurious to their interests. This
was a matter ab&-tit which probably a great many individuals en-
tinedtwaeeir
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certain of gaining their cause. If they were defeated, those in-
dividuals could then proceed in their i egular career, and act in
accordance with the covenant entered into; but till' then, ho'
conceived they could not rescind any contract entered into fur
a specific perr,se, till they could prove that the oarties were
likely to be injured. Let the question be discussed, and gained,
and then let Mr. Birch bring forward this measure. He' had
no doubt it would be listened to by the council, as to the line of
conduct they should adopt.
The 'DOWN-CLERK said, he had considered the terms of the
section of the act of parlianeeete of which he had a general:
recollection Before he could say that the council had the•
power of releasing the covenant under this lease, he should' go.
into the inquiry as to what had been done by other parties. It
appeared to lion that the lease bad been pursuant to some.
general understanding, according to which arcades were to be
erected for the general convenience of the subject. He there-
fore proposed that he should be allowed to inquire into the
subject, and report to the Finance Committee, or to the council.
( Hear, hear.)
The Mon.—Perhaps Mr. Birch would modify his resolu-
tion, to Deferred back to the Finance Committee to report ?
Mr. C BIRCH said he could have no objection. As
to the observations of Mr. Currie about the building of arcades, .
it was quite clear they were necessary. Whet the la irties wished
was to he released altogether from the obligation of building
warehouses, but to merely build offices.
Mr. Councillor Discae. as the seconder of Mr. Bilth's
motion, also consented to withdraw it.
Mr. Alderman EVANS next rose. He said, I wish to get up
on the subject, though it is referred to the Finance Committee.
But I do not wish that the public should remain under the im-
pression that this hips been dune in consequence of the late-
proceedings of the Dock Committee. This land has been in
possession of the parties a great number of years, and they have'
never built warehouses upon it, and have had no inclinat:ore
whatever of doing it. The last renewal was in 1831. They
never had it in contemplation to build warehouses there. That-.
part of the town has been long abandoned for warehouses. And.
with regard to giving up arcades, we also know that they a: e•e•
given up at the King's Dock, 111 r. Montgomery getting,
not only to build up the arcades, but to fill up another, which is
, there now no longer. Now this has nothing whatever to do
with the dock question, but it is no doubt deemed by the party.
a very good opportunity to get that end accomplished under the,
umbra—under the shade of this question which they have been,
desiring to do for a number of years. Therefore it has nothing
to do with the question. But let me observe, that we have the
member for Castle-street Ward getting up in his usual
and professing that be was not wishful to cast any imputations, ,
' or to make any observations on the subject; but, from the
school question up to the one now before the council, I do say
that this council has received more aggression—more aspersion
y
r---nriilaeiliy,_eo:rzt,dpil,e:irrti:iolshgtne oitte:el:ciitecivitile:iii:.:iefsseeautsdittloiytitoi—;:hf
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tolacti,
(nar.;tiee,tnizoantl?;tv.rhidhleiluefsiarmit:tir:lilnlu—ithtniayeecon—rain
theta a " warehouse with
.had decided upon it, the gentleman renews it under the fneteuce •
paving the way,
of another motion, passes the most severe denunciations
upon us, as doing evil, as doing wrong and injustice, and as •
great degree, to tho destruction of the-
town. (Cries of " Order," and confusion.)
in
aan,,,
'!'he MA YOR.—Mr. Birch in explanation.
Mr. Councillor Bincti.—As to that—explanation' have none
to give. It does seem an extraordinary attack, that any per-
soli could charge me with iusultiug the council, when I th:::11c
that ITV' manner has never given any colour to it. With res-
pect to iny opinton en this question I have a right to entertain
it. Mr. Evana entertains his views; so do I : and if I think Iliac
thereby the council is unjust, surely it is not iiisultiug the mutt-
cil in my professing, that ()pinion. With regaid to tie par'es.
I do not know what their notion may be; I do nut know event.
if meeting. them in the street; but I do know this, that • bey
hold that land on certain renditions, and I do think that alter
the decision of the council, that public warehouses should
built by them, that we should make that allowance. It is 0111'.
with the view of gettinv, the council out of an unjust act, eye'
without any of these objects to which Mr. Evans has 'Alluded in
a most extraordinary,—l must say in a milliner that surprises
ine.—(Mr. Birch, who was sitting near Mr. Alderman Evens
at the time, silortly after he had sat down, rose and took his
place at the other end of the room.)
Mr. Councillor Mallet:twee understood that the Finance
Cuininitts,, would
of warehouses,
r)(tobject iirtmtht,o; town
only
retoynltiieni tulged t releasers
ac;
toea dheusild titiLe"otiltlidescaeuridaibulloycktieuluintshlegiaHrica' if
arcades.
Mr. Councillor Curtele wished to caution the council that
'0
the
quoiretil
the Finate7e Committee had given no (minion up'
:ion. It was a point white: bad never been entertained
that moment. were vrinitt d
The MA von said the question then was, as far as the amend-
insisto
went, that the proceedings of the Finance Conitnittee
this subject, be referred back to the committee to repot' And
genlletnettfrom imputing tnotives to any one. These we
lie would, a the council would excuse him, Venture to ccaution
the hands of a higher tribunal than they were; and they o.°lllu.