The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-07-15 00:00:00

office of Town-clerk."

These terms appear to the Committee to be so general as to com
prise every class of claim preferred by Mr. Foster.
The Committee in the outset were disposed to believe that a claim
so immense as Mr. Foster's for £77,108 would be received by the trea-
sury with the utmost repugnance, and that every possible objection
would be favourably listened to and entertained. But the Committee
on mature consideration, cannot but seriously apprehend, that the
whole claim would be entertained, and in a sweeping way referred to
officers for examination under general rules, more especially when
they consider the following terms of the treasury minute.
" , My Lords read the fourth reason of the House of Commons for
dissenting to the amendment of the Lords proposing to continue the
existing Town-clerks for life, in which reason it is stated, that a just
and liberal construction cannot fail to be given to the compensation
clause proposed by the House of Commons.' "
" By this passage it would appear, (as, indeed, is generally under-
stood) that compensation to town-clerks was substantially a bargain
between the two houses; and when it is observed that the Lords gave
up office for lift for compensation, it must reasonably be feared that
the treasury will be held by the Lords, to the honourable redemption
of their pledge for a just and liberal construction of the compensation
to the full extent of the minute, which may be said to have been
sealed by the Treasury and delivered to the Lords as the last price of
passing the Municipal Bill. The committee also note that the Trea-
sury minute refers to the compensation of officers of the courts of
law, upon the abolition of their offices. The committee, learn from
the information of Mr. Faulkner, an eminent solicitor in London,
one of the agents of the town-clerk, and who acted for a considerable
time as under secretary under the common Law Commission, that the
course under that act, was to refer for examination every description
of claim of the officers, ordinary or extraordinary, without distinction.
" Mr. Faulkner is of opinion, that all the claims of Mr. Foster
would, in like manner be entertained by the Treasury, and put under
examination or taxation. The rule of the act for the compensation of
common law officers is three-fourths of the income for compensation;
—the treasury minute says, not less than two-thirds.
The claim of Mr. Foster for £17,108, is ground, d on an alleged in-
come of £6,747 16s and he leaves his claim for the £17,108 lOs 6d upon
three-fourths of this income, or £5,060 17s. Mr. Foster's accounts,
altogether, amount (including those at the time of Mr. Statham) to
the sum of £87,061 6s. 7d. Of these there are 214 voluminous law
bills. The whole accounts have had the investigation of an account-
ant, and the law bills have also been subject, to a considerable extent,
to examinations in the natmre of taxation : first. of Mr. Patterson, a
solicitor, who has been for years experienced in the taxation of bills ;
and, secondly, through the Influence of Mr, Fanjkner, of a public
officer of eminence employed in taxing bills. These examinations
• •

have been completed in Liverpool by the best estimates, upon princi•
pies agreed upon in London, that could be suggested. The results o:
the investigation are as follnws :

" Ist.—Supposing the office of clerk to the coroners, the prosecu-
tions, together about £4OO per annum profit, and the three bills, town
dues, disfranchisement, and municipal bill, (Mr. Statham and Mr-
Foster's) amounting to £12,996 10s. Id. profit in the five years, struck
out of the claims for compensation. Adopting the mean of taxations
of Mr. Patterson and the public officer, which differ considerably,
£2,107 Bs. 61d.
" 2dly.—Supposing the office of clerk to the, coroners and the pro-
fits on prosecutions struck out of the claim. Adopting the mean o
the taxation, £5,016145. Bd.
" 3dly.—Supposing all the claims to he entertained, but subject t(
taxation. Adopting the mean of the taxations, £3,278 12s. 3d. Ac
cording to the advice of Mr. Crompton, Mr. Rushton, Mr. Faulkner,
and the Town-clerk, and in the opinion of the committee the third or
last of the three results, giving £3,278 12s. 3d. is the one to be seriously
apprehended. The public officers' examination is the one more fa-
vourable to Mr. Foster, and if the Lords of the Treasury were to refer
the bills to the treasury solicitor, the probability is in favour of the
public officers' examination. Against any of the results on the part
of the corporation against Mr. Foster would be a claim of £4,813 14s.
Old. upon the mean of the taxations, for a return of money which,
upon actual taxation, may be expected to be found to be overpaid to
Mr. Foster by the late council, providing a court of common law
would open the bills for taxation after payment."
The courts in late cases have shown a disinclination to open bills
after payment, and though the probability, under all the circum-
stances, is in favour of the bills being opened, the point was considered
so far doubtful that the committee were advised by Mr. Crompton and
Mr. Rushton not to attempt it at present, for fear of a refusal by the
court to tax the bills, which might operate against the council before
the treasury. Mr. Crompton, Mr. Rushton, Mr. Faulkner, and the
Town-clerk are all in favour of a compromise of £2,500.
12th July,lB36.—The Town-clerk reported that he had in conformity
with the wishes of the committee, effected an agreement with Mr.
Lloyd on behalf of Mr. Foster, subject to the approbation of the
council which he now lays before the committee.
The proceedings of the Town-clerk, and a report in favour of a
compromise at £2500, according to the terms of the conditional agree-
ment directed.
Mr. Rathbone's motion for the adoption and confirmation of the re-
port was then put, when there appeared
For the motion—Messrs. S. Hope. Logan, Thornhill, Sheil, Harvey,
E. Smith, Thornely, Rawdon, sirch, Woolwright, Rushton, Bright,
H. Hornby, Rathbone, Preston, J. Lawrence, Aikin, Lassell, T.
Holt, Earle, Carson, Morecroft, Blackburn, Roskell, E. Cropper,
Alison, Leigh, G. Holt, J. Cropper, Jordan. Tayleur, Blain, Moon,
Bulley, Barclay, Robinson, Stuart, Booth, J. Hornby, Brown, T.
Smith, Benn, and the Mayor.
Against the motion, Messrs. Maxwell and Coglan
For the motion
Against it

Majority

Absent, as before.
The agreement entered into between Mr. Lloyd, on the 9th instant,
was then approved and adopted, and the Town-clerk was directed to
give the necessary notice to Mr. Foster.
Mr. RATHBONE rose for the purpose of returning his sincere thanks
to the committee for the favour and confidence with which they had
honoured him during the progress of the business which had just
been settled, when he had acted as their chairman. Ile had a short
time since requested a degree of confidence from the gentlemen pre.
sent which had not been rendered to him. He would make them a
promise, that he should never again ask a similar favour.
HILTON'S PICTURE. OF THE CRUCIFIX.

The MAroa stated that most of the gentlemen prehent were aware
that they were possessed of a fine picture whielt had been lent to a
society of artists in Dublin. Previously to this, however, it had been