The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-07-08 00:00:00

LITERATURE.

The South Lancashire Magazine for July. Price
Eighteen-pence. 'F. Sowler, Manchester ; Grape],
Liverpool; and other booksellers.
This is the first number of a new periodical printed at
Manchester and which has just made its appearance.
The contents are :
England, Ireland, and America.—Conversations of the Great.
—Notes upon " Maxima Felicitas".—Lines written at Elstree.
Herts.—Memoirs of the Life of Sir H. Davy, Bart., by his bro-
ther, John Davy, M.D.—The Press in Manchester.—Grain-
maire Egyptienne.—lon. A Tragedy by Mr. Sergeant Tal-
fourd, M.P.—History of England, from the Peace of Utrecht
to the Peace of Aix-la-Chapell. By Lord Mahon.—Random
Recollections of the House of Lords.—James's Naval History.
—The whole Correspondence between the Committee of the
Yearly Meeting of the Friends and Isaac Crewdson.—A Tale
of the First of April.—The Curse of the Factory System. By
John Fielden, M.P. for Oldham.—Observations on Improve-
ments in the Town of Manchester. By William Fairburn.—
Royal Manchester Institution.—Parliamentary Information.—
Miscellaneons.—Public Schemes in Mancheter, 1836.—Tables
of Cotton Wool Imported into Liverpool, Sc,c.
Some of the articles display both ability and good
taste, and upon the whole it is calculated to diffuse much
both of enjoyment and of refinement of feeling among
the families of our land, with the rising portion of whose
members it will no doubt soon become a favourite. The
following extract from the paper entitled, "The Press in
Manchester" is a pretty just description of the stuff of
which one of one of our contemporaries, who is ever and
anon bragging of the extent of his circulation and the
number of his readers, we mean the Mercury.
" In some journals we have nothing but prosy articles on lo-
cal alterations, heroics on new streets, and eloquence ready in
behalf of any project which promises to pull down a few houses
end erect new ones. In others we have dry recapitulations of
undeniable facts, and in most we observe a want of argument
from principle rather than from prejudice or interest. The edi-
tor of the London Times might come down to Manchester and
write for a year on general principles without exciting notice,
but if he happened to charge full tilt at some delapidated .old
house and demand its immediate destruction, in words becom-
ing enough for Catitine at the gates of Rome, what an immense
sensatiou the article would occasion ! But if further he were
to produce a lecture on a railway, and introduce with caustic
expressions certain allusions to particular parties who wanted a
few poua'ls more for some yards of land, and if he declaimed
on the advantages of di., said project in terms more adapted to
a scheme for the liquidation of the national debt, styling every
supporter who hoped to make a premium of the scrip " patri-
otic," and every opponent of the specific line " an oppressor o
his country," we verily believe that the circulaorion of the paper;
thus distinguished would rise incredibly in one day !"
The following remarks are at this moment apropos:—
" It is a duty incumbent on all lovers of good order to sup.
port and encourage the Conservative press; to share their fa-
vours between both sides is not fair to those who labour in de,
fence of the constitution, and is a course of conduct which none
of the Whig-Radical party, with all their boasts of superior li-
terality, ever imitate. If the wealthy manufacturers and other
Conservatives in this town think that their personal interests,
the interests of property and of the country, will be advanced
by sanctioning sedition and adding influence to democratic
principles, let them by all means support, and maintain the
Radical press. If the Conservative press is deserted now, it
will desert the cause when most needed, for it will siuiO into ob-
scurity, of entirely fail whenever a sudden crisis arrives; but
if it is well supported at the present time, if such assistance is
given it as will enable the proprietors to continue spite of tem-
porary difficulties or sudden failures of circulation, arising from
gusts of popular madness, it will be found serviceable and stead-
fast."

LONDON. LAW REPORT.

ROLLS' COURT-MONDAY.

THE ATTORNEY-GENERAL V. ASPINALL AND OTHERS.

This was an information by the Attorney-General, at
'the relation of Messrs. Bolton and Jevons, two merchants
residing at Liverpool, against the defendants, who were
trustees of a sum of £105,000, which had been raised by
the old corporation, previous to the members going out
of office, for the endowment of the clergy of the borough.
It appeared that the corporation was the patron of seve-
ral churches in the town, and had the right of presenting
the ministers to such churches, according to the acts of
parliament under which the churches had been founded
and endowed. It further appeared that stipends had been
annually allowed to the ministers out of the corporate
funds. A part of each stipend was paid pursuant to the
acts of parliament, and the remainder was allowed by an
annual vote of the Common Council, and amounted in
the whole to the annual sum of £5,100. After the pass-
ing of the municipal corporation act, but before it came
into operation, the old corporation determined to make a
permanent provision for the ministers, and also to aug-
ment the stipends paid to the incumbents and theircurates.
'To carry their intention into effect they determined to
raise A sum of money upon the security of the Salthouse
Dock estate, of the annual value of £2,000, and the To-
bacco Warehouse, of the annual value of £4,000. It
was proposed to vest the sum of £105,000, part of
which sum was the amount so raised on mortgage,
in trustees, who were to divide the dividends and annual
income arising from the money among the incumbents
of the several churches in the borough. To prevent this
intention from being completed, an injunction was ob-
tained, ex parte, which on the Ist of December last was
dissolved by Lord Cottingliam, then Master of the Rolls,
and immediately afterwards the money was raised, and
the corporate seal affixed to the security. At the same
time a deed was executed by the trustees, to whom the
money was paid, declaring the trusts of the money, and
the proportions in which the annual income was to be
paid to the incumbents and curates of tile several churches.
The present information was filed for the purpose of ob-
taining the sum of £105,000 from the trustees, and pray-
ing that the same might be paid to the treasurer of the
borough fund, and be applied under the direction of the
new Town Council for the benefit of the borough and
the inhabitants. To this information a demurrer was put
in on the ground that the parties had no equity to call
for any such payment. The case was argued some time
since, and stood over for his lordship's judgment.
Lord Langdale, after stating the facts of the case, ob-
served that it had been argued that the old corporation
could dispose of the whole of the corporate property • in
that proposition he did not concur, and it was evident
that the legislature did not think that they could dispose
of the corporate property. It was, however, in this case,
a power of the old corporation at the passing of the new
municipal reform act, and whatever application of the
corporate property was made by the act, it was always
made subject !_o the debts of the corporation. The pro•
vision for the ininis!ers of the churches had been ob-
tained by an annual vote of the corporation, and for rais-
ing that the inhabitants were subject to a rate, which,
however, might no 4 be dispensed with. The clauses of
the new municipal reform act, which gave the new Town
Council the power to question the contracts of the old
corporation, entered into after the sth (lay of June, 1835,
were by no means clear—the present question would
seem to- fall among the acts which the new Town Coun-
cil might question. If, however, the appropriation was
made for an inadequate consideration, it did not seem
that the words of the act were adapted to meet the question.
If the words of the several clauses were fully considered, it
would be seen that they would not authorise the court,
upon an application of this nature, to call in question
the acts of the old corporation. It had been argued that
as the municipal reform act was a new law, it had varied
the constitutions of every corporation. He differed from
the argurr.:!nts which had been used to support the pro-
position, notwithstanding the act. The new Town Coun-
cil %Vir; the same corporation, representing the inhabi-
tants of the town in the same manner as the body that
had retired from office, and it did not seem that the 97th
section of the act excluded their jurisdiction.—His lord-
ship then continued. He said, the calling in question,
which the act provides for, is the calling in question those
acts of the corporation under its old governing body by
the corporation tinder its new governing body in a par.
ticular mode. Tne_corporation, however, varied both in
its governing body and in the persons interested 'in the
application of its property must be considered in a court of
law, as a continuing corporation—the new governing,
body represent, or were intended to represent, the in-
lerest of the inhabitants, and the power is given to the
new governing body, for the benefit of the inhabitants,
to prevent an application of the property prejudicial to
the interest of the inhabitants by the old governing body;
but I think that the provision of the particular remedy
given by the 97th clause does not exclude the jurisdie.
tion of this court if a proper case for relief is made.
Does the supplemental information, then, E hew such a case
as makes it proper for this court to interfere? As I have
-observed there is no allegation of fraud, collusion, or im-
prudence, or of any injury done or likely to happen to the
rate-payers or inhabitants; particular charges introduced
into the original information are wholly omitted. And, after
stating the facts, it is alleged that the appropriation was
a misapplication of the property of the funds of the cor-
poration—that the governing body could not lawfully
make such an appropriation—that the trustees ought to
repay the monies—and then it is alleged that the defend-
ants, the mayor, aldermen, and burgesses of Liverpool,
hare been advised and admit that the appropriation is
invalid—they ate desirous that the suns of £105,000
should be repaid by the trustees thereof to be applied for
the purposes aforesaid, and they have in fact applied to
the trustees to repay the same ; but they refuse to take
any further steps to procure the repayment thereof with-
out the direction and sanction of the court, and those are
the allegations on which this information is founded. I
can only construe the charge :Alicia have read as a state-
ment that the new council, which is specially authorised
to interfere refuse to do so, and that without any supposed
collusion
benefit of the
b'etvkeen them and the persons claiming the
appropriation. And, notwithstanding time
other statement
to
in the same charge, it is diffi-
cult for me not: Q conclude from the refusal to proceed
that in cpinionuftie ,
intew council time appropriation
is beneficial to the inlmabants. It. I were at liberty to
suppose them acting
in concert withi the relators, it would
ti,
seem like an attempt to avoid
it;
council.
control which the act
intended to give to the King
of
the
sporopriatiosetting forth
n,ed on a petition Timis control
the special
was Lc) be exercis
the
which
circumstano.es
as suggested at the bar, that the new couni,ii,li and I vlssotlul:lceive,
appropriation was invalid, commenced proceedings
on a petition of tit:trustcls or of the clergy setting forth

the special circumstances, was restrained—if this was
done it may well be doubted whether an information for
the same matter could be sustained, and if not in those
circumstances why is it maintainable in a case where the
proceding might have taken place, but did not, merely
because the new council, who had the option and discre-
tion, refused to adopt it. On the whole of this case, con-
ceiving that to some extent and for some purpose a new
trust did attach on the corporation property on the pass-
ing of the act, but that the old governing body were not
forbidden or precluded from a fair application of the cor-
porate property for the benefit of the inhabitants—not
being able to say that the application of the property for
the more secure endowment of the clergy of the esta-
blished church, performing divine service in churches and
chapels of the borough, is not under the circumstances
of this case an application which must legally be consi-
dered beneficial to the inhabitants of the borough—con-
sidering the case to be within the 97th section, without
saving that in no case whatever this court would not have
had jurisdiction, although the 97th clause was applicable
—but, thinking it a case in which the remedy given by
that section ought to have been resorted to, and having
regard to the nature of the charge in this information,
it does not appear to me, supposing all the allegations
which it contains to be true, that I could decree the re-
lief which is prayed for, or any other relief, and, there-
fore, I think the demurrer ought to be allowed.
The Solicitor-General.-1 do not know whether your
lordship thinks any thing turns on the want of those
charges in the supplemental information, because if so
your lordship would give us leave to amend by intro-
ducing those charges.
Mr. Pemberton.—They were left out purposely, it
was stated at the bar. It wa.57 stated this had been do.:e
for the purpose of bringing the question neatly before
the court-74hose charges were purposely left out.
Lord Langdale.—Being so, I do not see that I ought
to allow it.

COURT OF COMMON PLEAS—Mommy.
WRIGHT V. BURDIS AND OTHERS.

This was an action brought to recover the value of a
vessel, named the Stephen, which was lost some time
ago on her voyage from Dublin to Liverpool. The ac-
tion was stopped by the court after the examination of
two witnesses upon this point—namely, it appeared that
several mortgages were granted on the vessel, and before
the sailing of the vessel a mortgagee, named Barker,
took possession, dismissed the captain and crew, and ap-
pointed others in their stead. It was, therefore, con-
tended by the counsel for the defendants that the present
plaintiff had no property in the vessel at the time she
was lost, and could not maintain the action. . .

The CHIEF JUSTICE agreed that, by the provisions of
a recent act, the object urged on the part of the defend-
ants must be sustained. The present action was not for
a Court of Law. The parties might bring the question
into an Equity Court.
The plaintiff' nonsuited accordingly.

COURT OF KING'S BENCH, MONDAY.
M`CARTY V. COLS IN AND OTHERS.

This action was brought by the plaintiff to recover
from the defendants the sum £419 18s 9d.

The plaintiffs resided at Calcutta, and the defendants
were merchants in London. The plaintiffs had directed
that the sum of £1,200 should be sold out of the Eng-
lish Funds, for the purpose of paying certain bills, the
balance to be paid over to defendants, that they might
remit it to them. The sum of £419 18s 9d was accord-
ingly paid over to the defendants by the agents of the
plaintiffs, and they alleged that they had paid it into the
house of Colvin and Co., who had since become insol-
vents. It was admitted on the part of the defendants
that they had received the money, but they contended
they had paid it on account with the correspondents .tt
Calcutta, for the use of the plaintiffs, and they gave
them advice that they had so done ; and, that notwith-
standing they had since failed, the liability ceased the
moment the letter was dispatched.
Lord Denman holding that it was a payment, the
plaintiff was nonsuited, leave being reserved to move
the court.

Sir F. Pollock conducted the plaintiff's case ; the At-
torney-General and Mr. Bazett the defendants.

REVISING BARRISTERS.

We are glad to see that Sir Robert Peel has takr.n up
the question touching the appointment of the revising
barristers, and that he views with patriotic indignation
the infamous attempt made by the Whig-radical ministers
to get into their hands the selection of the men who are
to enfranchise or disfranchise the electors of the empire.
We have before spoken out upon this subject, and we
earnestly entreat all who are not bound like slaves to the
chariot wheels of the whigs to show their independence
and hatred of corruption, by depriving the ministry of
the chance of exercising the unconstitutional power they
would seek to obtain. We trust, at all events, that in
bringing up the report of the registration bill no conser-
vative member will be absent from his post, and that all
will unite in proving by their votes that they will be no
parties to the infamous and corrupt scheme for whig do-
mination.

IVell and truly did Sir Robert Peel say, "that the first
(
alterations in the principles of the reform bill would ori-
ginate with the reformers themselves, with the authors of
the bill, the whole bill, and nothing but the bill." Every
session has produced some new " amendment" upon some
bill connected with the " reform measure," but all the
new machinery that has been introduced has been cun-
ningly devised and constructed to diminish the influence
of the conservatives and to increase that of the impartial
whigs. The reformers have every session been reform-
ing their own pet measure. They found, when the fever
of reform had subsided, that they had not succeeded in
strangling and annihilating the conservatives—they
found that with every fresh election that party were,
even under the working of the bill, gaining upon them,
and it was therefore deemed necessary that some new
check-springs should be introduced to clog their progress.
The revising barristers, it was suddenly discovered,
.liaci
not done their duty. There were " too many tones"
amongst them ; and as the shortest way to effectually
destroy conservatism would be by getting the appoint-
ment of men of their own faction to the office that has
the power to qualify or disqualify, it was determined that
the revising barristers should be carried away at one fell
swoop—that a new corps of functionaries, of limited
number, should take their duties—and that the selection
should rest with the ministry, who will take care that no
tory shall he nominated, arid that even no whig shall re-
main in the discharge of his functions if he allows a ma-
jority of conservatives to be registered
If this atrocious scheme to get possession of the fran-
chise of the people of England is passed into law, going
to the poll will be a waste of time, and the day of election
a day of farce. The struggle has been hitherto fought in
the registration courts, before a body of men who were of
all shades of party, of competence to fulfil the duties, and
who were as a body untaxed with partiality. By this
measure the struggle will he fought before a select clique
of party factionists, whose fiat will, upon appearance of
any flaw, disfranchise the claim of the conservative.
Wicked, profligate, and corrupt, as every action of the
wings has been, we must confess that this endeavour to
grasp the domination over the franchise for party purpo-
ses, excels all they have ever attempted in gross political
iniqui!y. But however, as Cobbett said, "Thank Gou,
we have a House of Lords !"