The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-09 00:00:00

THE LIVERPOOL STANDARD.

TOWN COUNCIL PROCEEDINGS.

The quarterly meeting of the council was continued yesterday
by adjournment.

COURT OF REQUESTS.

On the motion of Mr. Councillor JOHN HOLMES, seconded
by Mr. Alderman BA RC LA Y, the report of the committee on the
borougl, courts was referred back to the committee to draw up
regulations to make arrangements for opening the court on the
31st of August instant.

JAM REGULATIONS.

The TOWN-cLerix said, by the municipal reform act all the
power formerly held by the justices at the Quarter Sessions,
relating to the regulations of the prisoners, now devolved upon
the Town Council, and they had consequently to draw up rules
and regulations for the management of the gaol. The gaol
committee had done that, and he had now to submit their regu-
lations to the approval of the council.
The report then stated that it was ordered that the following
gaol rules should be enforced. First,—That on a prisoner being
brought into the prison, he should be placed in the reception-
room, and his or her person thoroughly cleansed, and their ap-
parel examined by a searcher, as required by the lith rule of
the jail act. That requisite clothing should be provided for the
prisoner. Second,—Lvery prisoner, before being placed into
his or her proper ward, must be searched, and if money, tools,
or any implements should be found the same should be taken
from the prisoner, the governor to enter into a book at the time
the name of the prisoner and every article taken, which is to be
carefully returned on the prisoner's discharge. If the prisoner
be a female, the search to be made by a female. Third,—The
hours of rising, between Lady Day and. Michaelmas Day, should
be five o'clock in the morning, and during the remaining part
of the year at seven o'clock in the morning. That the prison-
ers should make their own beds, wash themselves, and put their
rooms in order before breakfast, which no prisoner should re-
ceive unless those duties were performed, unless with leave un-
der special circumstances. Fourth,—The prisoners should be
locked up in their cells during the winter months at six o'clock,
and during the summer at seven o'clock in the evening.. Fifth,
—That silence, night and day, is to be observed by all prisoners.
All breaches of it to be punished by the stoppage of a meal, or
a part thereof, or by solitary confinement on bread and water,
or by other punishments as the law provides. In like manner
singing or whistling in the cells are strictly prohibited. Any
bartering of provisions, any marking of their clothes or bedding
or furniture, is declared against the rules, and to be punished
accordingly. Any attempt at communication by signs or stra-
tagem, any unnecessary looking round or about not to be al-
lowed; each prisoner to he required to look before him. Any
secreting of money or tobacco, or other articles, any purloining
provisions, books, &c., or non-attendance to the reasonable or-
ders of the governor to be punished accordingly. Sixth,—No
soner, whose imprisonment does not extend to mote than a
month, shall receive a visitor. If it extend to a longer term a
visitor a month may be allowed to see the prisoner. Seventh,
—MI members of the council being magistrates of the borough
are appointed by the council to be visiting magistrates. NO
visitor can be admitted without an order from a magistrate; the
visit to be made in the presence of a male or female, as the case
might be,,aceurtling to the sex of the prisoner.: 4ighth,s—The
governor shall examine all letters, papers, pacleets,,&c.; of:per-
sons entering, and to deny admittance to persons-,if they: wilt
not submit to this order. Ninth,—Every visitor of every per=
son for trial or under sentence shall enter his or her'name in a
book to be provided for the purpose, and in which. alSa the go-
vernor shall insert the visitors profession, where..he rssides,
whether a relative or not, and the name of the prisoner he or
she is visiting. Tenth,—Prisoners before trial, who inatintdiu
themselves, are to be restricted to one pint of beerlier daysani
to a reasonable quantity of wholesomelfood.. 11th,—The jail al-
lowance for breakfast is to be 1 pint of gruel and LialVa-pound of
bread. Dinner to be one poundofecouse. Supper the same as
breakfast. The dinner, every third day, to be changed to broth
made from cow's head. Twelfth,—Coals will be allowed under
the direction of the visiting justices if required; but they will
be withheld if the governor discovers any waste ormisapplica-
tion of the same. Thirteenth,—The passages, cells, &c., to
be washed out weekly; in summer the windows to be opened.
Fourteenth,—No stranger to be allowed at any time to go within
the wards of the jail unless attended by one of the visiting jus-
tices. Fifteenth,—No admission whatever to the prisoners ex-
cepting between the hours of ten and two o'clock, and on Sun-
day between two and four o'clock. Lastly,—All rules made by
the Justices at Quarter Sessions hereby repealed, and not to be
considered as impairing any of the provisions of the present act.
The TOWN-CLERK said these rules would require to be trans-
mitted to the Home Secretary for his approval after they should
have met with the approbation of the council.
Mr. Councillor J. lloisiEs begged to move that these rules
be confirmed, and sent to the Secretary of State for his ap-
proval.
Mr. Alderman Bnowts seconded the motion.
The MAYOR said these regulations had already been under
the consideration of the Borough magistrates, and were dis-
cussed, and as a matter of necessity were sent before the coun-
cil to be transmitted to the Secretary of State. He understood
that these regulations ought to have been adopted so long ago
as last Octbber.

Mr. Councillor Blum wished to inquire of the town-clerk,
whether only such magistrates as were of the council could be
visiting magistrates? it was an invidious distinction to make.
The TOWN-CLERK apprehended that legally the council
could not appoint gentlemen to be visitors out of the coun-
cil: He thOught the council could not delegate any discretion-
ary power to any others than members of the council. But it
was proper to state that the jail committee, on all occasions,
acting under the authority of the council, had invited the
justices of the Borough who were not of the council to join
them in their deliberations, and that in practice there was no
distinction whatever made.

Mr. Councillor BIRCH only wished the other magistrates to
understand that no personal disrespect was intended to them.
The 111Ay oit said he believed they were aware of the legal
objection. It was proper to state that they had received the
greatest assistance from Captain Williams, when he was down
here, in drawing uti those regulations.
Mr. Alderman 14 REME inquired if these regulations applied
to_prisoners both before and after their trial?
The TOWN-CLERK said the regulations made no distinction
except as regarded the visits.
Mr. Alderman FREME, then there was a.part of these regu-
lations which appeared to him to be placing more power into
the hands of the jailor than ought to be placed in any man's
hands. A large majority of the prisoners, he believed, were
not convicted; and as the law of England said, a man was not
guilty,of a crime till found so, the restricting of a man's food
for merely looking round, he thought was too great a stretch of
power.

a The MAYOR said Mr. Freme was in error regarding the
number of unconvicted prisoners, the majority was the other
w ay.
Mr. Councillor HOPE said a part of the report stated that the
prisoners should rise at five o'clock in summer and seven
o'clock on the quarter day immediately after ; he thought this
was a more rapid change in the rising of the prison4s, in one
day than had been intended.
The TOWN-CLERK would apprehend, that in practice the two
periods would approximate.
Mr. Councillor JORDAN wished to inquire whether county
magistrates members of the council, but not borough magi_
strates, would have power of visiting the gaol.
The TOWN-CLERK said every justice of the peace had the
power of visiting the gaol, but with this qualification, that a
justice of the peace who is not appointed a visitor has' not the
power of making any regulations.
The report was then agreed to.
BYE-LAWS.

The TOWN-CLERK said, by the 90th section of the municipal
act, the council might make bye-laws for the prevention of
nuisances. Under this section the bye-law committee, with the
advice of counsel, had made the following bye-law,
A bye-law was then read at length, for the purpose of
abolishing the nuisance of the alkali works. The report first
set forth the authority under which the bye-law was made;
having the power to inflict a penalty of £5 for a nuisance, pro-
vided such offence was not cognizable summarily by the
existing laws, and provided that no such law should be made
unless two-thirds of the council were present. It then went on
to state, that whereas divers nuisances were from time to time
transmitted, sent forth, and dispersed in and through the pub-
lic streets of the borough, and also divers noxious and offensive
gasses, such gasses being injurious to the health and comfort
of the inhabitants, and of the liege subjects of the realm pass-
ing through the streets, and also destructive to the goods and
merchandise of the said borough; for the prevention of these
nuisances the council of the borough make and order the fol-
lowing bye-law, " that is to say, that if any person shall after
the day of commit any nuisance, by
making, causing, or dispersing, or causing to be sent through
any. of the public streets or any of the shops, any noisome,
noxious, or offensive gasses, every person committing any such
offence, being a common nuisance within the said borough,
shall for every such offence forfeit and pay the amount of £5,
and so from time to time for every such offence not being com-
mitted on the same day."
The MAYOR said be did not wish to interfere with the Town-
clerk whilst reading the bye-law, but, in point of fact, they
could not not entertain it, as there were only 40 members of
the council present, and there ought to be 43 to constitute two-
thirds of the council.

Several members went out for the purpose of getting other
members to attend, and the subject was, for a short time, ad-
journed.

FESTIVAL ACCOMMODATION.

The MAYOR said he had received an application from the
Festival committee, for the use of the ball-room of the Town-
hall, during the festival week.
Mr. Councillor BIRCH presumed that the rooms would be
granted on the the same terms as they had been to the catholic
schools.

The MAYOR said they would taketare and have that attended
:0. Granted.

WALLASEY EMBANKMENT.
The TOWN-ctaiiit said a vacancy had occurred in the com-
missioners of this-embankment it Was necessary to supply the
vacancy by the election of three commissioners as soon as
possible. It was proposed to do so on the 19th instant.
The MAYOR said it was very important, the commissioners
should soon be elected, as the borough was at an expense of
£l7OO a year in keeping up these'embankments. Agreed to.
THE BOROUGH SEAL.
The TOWN-CLERK, said, -by, law, the common seal of the
boroiigk being affixed to any deed or instrument, was evidence
of that deed or instrument. It had occurred to the mayor, and
himself, that it would be a, wholesome rule that when the seal
is affixed to any in'strument, it should be attested by the mayor,
or deputy,mayor, arid by the. town,clerki- or deputy town-clerk,
who should sign their names, as witnesses of its having been
affixed.' In future, if -thiii rule were•not observed, there would
,-be sufficient cause of suspicion, on producing the seal not at-
tested, of its being not correct. Agreed to.
LEASES.

The Towx-cutn K said, it had-been suggested by counsel that
under the municipal act, the council had not the power to grant
the renewal of leases for 75 years on the payment of a fine.
Under these circumstances, a part of his employment in Lon-
don, had been to get a few words introduced into the section of
the act, which would give that power. He mentioned this as
there were a great many complaints that the leases had not
been despatched as they ought to have been, and certainly
would have been. While there was a doubt on the minds of
the council, they thought it better not to make this difficulty
known. It was now thought that the lessees should be made
aware through the medium of the press of the real cause of the
apparent delay.

APPOINTMENT OF A GAOLER.
The TOWN-CLERIC apprehended that it was the intention to
fix the 19th instant fox the appointment of a gaoler to fill up
the vacancy caused by the death of Mr. Neighbour.
Mr. Councillor RAW DoN suggested that the appointment should
be deferred to the next monthly council meeting, as there was
not time for receiving the testimonials of applicants.
Mr. Councillor BIRCH seconded the- suggestion, and moved
that a committee should be appointed:_ for receiving the testi-
monials of the different candidates.

The TOWN-CLERIC suggested the gaol committee.—Agreed to.
Mr. Councillor RAWDON said the amount of salary, £350,
had been for the duties formerly devolving on the office; those
duties would now he considerably increased, and would require
a greater amount of salary.
Mr. Councillor WALstsLEy believed there were certain fees
as well as the salary.

The illAyon suggested that this subject should come under

the consideration of the gaol committee, and be brought forward
on the 19th.
Mr. Councillor BOLTON said, in announcinz the vacancy it
was necessary they should announce the amount of salary. The
delay of a month was of no use if they thou (lid not fix the
amount of salary.
Mr. Councillor Hopa believed the present amount of salary
was fully requisite; there were already three candidates under
that'salary, and he knew one to be a very respectable individual.
The MAYOR said, if requisite, the salary might be advanced
hereafter.

After some discussion about the fees, Mr. Councillor JOHN

Holscsnovedthat £350 a-year should he the salary, without
fees and perquisites, and with the usual allowances.—Agreed
to, and to be advertised.

CONVOISSIONERS FOR COURT OF REQUESTS.

The commissioners for the Court of Requests for the present
month were then nominated by the council for the last time.

THE ALKALI NUISANCE.

A sufficient number of members having arrived to form two-
thirds of the council, the TOWN-CLERK again read over the
report, and suggested that the blank when this by-law should
come into operation should be filled up by inserting the 27th of
September.
Mr. Councillor BIRCH wished to suggest that, instead of the
penalty of £5 being uniformly enforced, they should make it
10s. for the first offence, 40s. for the second, and £5 for the
third, and thus give some discretion to the magistrates. If £5
be fixed as the penalty, no discretion was given.
The TOWN-CLERK said, they were obliged by the municipal
act to fix the penalty, and it did not leave them the power to
confer on the justices any power of mitigation. Mr. Birch's
suggestion might be very safely acted on with regard to general
bye-laws, but Mr. Crompton, whom he had that morning con-
sulted as counsel on the subject, was of opinion that in this very
peculiar bye-law it would not be safe to depart from the sum of
£5, or other sun the council should fix upon.
Mr. Councillor G. HOLT inquired if a larger penalty could not
be fixed, as it appeared to him that the £5 penalty would not be
sufficient to abate the nuisance. if inflicted every day. He was
told that one of the most distinguished of these nuisances in the
town was in the receipt of £12,000 a-year ; and he was of opi-
nion that a fine of £l5OO or £2OOO a-year would be paid sooner

than they would be put an end to.
Mr. Councillor BIRCH pressed his objection. It was evident
that there were nuisances of various degrees, and he merely
wished to give the power to the magistrates of making a differ-
ence between the smaller offender and the greater one.
The TOWN-CLERK, in answer to the objection, said the whole
burthen of the bye-law applied only to alkali manufactories.
Mr. Councillor E. SMITH enquired if it was prohibited by
law that they should not lay more than one information against
a nuisance in one day. If that were done it would obviate all
difficulty.
The M axon.—The town-Cle'rk has stated that it would not
be sufficient to lay the information for a second offence in one
day.
Mr, Alderman )38owrl ingyscl that the bye-law be adopted,
which was seconded 14-11r.'Coifficillor THORNMiLL.
Mr. Councillor. M444..m0rr conceived that this bye-law
would be the means of crushing&the small manufacturer and
throwing hishtifineSs infoltWlitinds of the large manufacturer,
,who by this-means Wonld be. indemnified for the 'fine.
Mr.-COuncillor HOPF, thought that the fine Every day inflict-
ed Would operate asquite,sufficient inducement to a manufac-
turer to remove his works where he would not incur the fine.
It would not in that view bear hard on the smaller manufac-
turer. •

Mr. Councillor THORNHILL said if the manufacturers saw
that the council was determined to put their works down they
would be removed at once.
The MAYOR said that the whole of these penalties would go
to the borough fund, and not to the informer.
Mr. Councillor. MRLLOR wished to know if the manufacturers
could be proceeded against in a summary way for the nuisance.
The Tow N-c LERK replied that the bye-law would apply to any
nuisances which could be put down by common indictment.
A notion had prevailed that because manufactories had been
erected and were conducted so as to amount to a nuisance pre-
vious to the erecting of buildings around them that therefore
they were not guilty of a nuisance. This was a great error.
The ground was there before the erection of the nuisance, and
the owners of it had a right to use it for all purposes, and there
was no length of time which•could alter this.
Mr. Councillor COGLAN wished to know who was'to deter-
mine a manufactory a nuisance? _

The TOWN-CLO.K replied the civil magistrate, and if the
party differed from his decision he had a right of appeal.
Mr. Councillor HOPE wished to know how far this would ap-
ply to their own nuisance of the powder magazines ? (Loud
laughter and cries of " It is not a nuisance to be blown up.)
The bye-law was then agreed to, and to come into operation
on the 27th of September, if passed by the proper authorities in
London.

The Mayor. then announced that that quarterly council,
with reference to the gaol and all matters connected with it,
stood adjourned till the 19th instant, at eleven o'clock.
The council then broke up at half-past twelve o'clock.