The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-04-07 00:00:00

TOWN COUNCIL PROCEEDINGS.

The usual monthly meeting of the Council was held-on
Wednesday.
The Finance Committee reported, that the surveyor had
inspected the Botanic Garden, and that he had given it as
his opinion that the land was worth £B,lOO, or 35.-per
square yard. The Town-Clerk was of opinion that the
Council were unable to make the purchase out of the sur-
plus income of the Corporation, but that it was competent
for them to raise money for the purpose, by levying a rate
upon the inhabitants, under the provisions of a late act of
parliament, authorising the erection of museums in the
vicinity of large towns. The Council recommended that
the purchase be made, and the rate levied under the Mu,
seum Act. A. rate of a halfpenny in the pound would
raise, it was said, £1,500 a-year. Mr. G. H. Lawrence
ultimately agreed to postpone the matter for a month.
The Finance Committee reported that they had received
a letter from Mr. Bomb, on behalf of the Grand Junction
Company, requesting to know whether any part of the
site of Islington Market could be had for the purpose of
building an hotel upon it. The committee viewed the
proposed erection of the hotel favourably, and Mr. Stew-
art was directed to confer on the subject with Mr. Bowh.
They recommondcd that the Council should offer a por-
tion of the site to the company, at the rate of £6 a-yard,
for 75 years. subject to the usual conditions. It was re-
solved unanimously not to dispose of the property to the
company for the present.
It was resolved not to renew Mr. Gardner's lease of
property in Lime-strut, as it might be required for im-
provement purposes.
The purchase of the Fish Hall, in Murray-street, for.
£3,650, was confirmed. The price, it was said, was large,
but the building was wanted for improvement purposes.
Mr. MANN inquired whether the Finance Committee
intended to adopt measures to have a clause introduced
into the Herculaneum Bill. to have a marine parade and
street made for the use of the public of Toxteth-park, and
also to afford facilities for landing at low water?
Mr. G. H. LAWRENCE said the subject had not escaped
attention. The Bill of the Herculaneum Company cer-
tainly aimed at withdrawing certain privileges from the
public which were at one time promised, and the Finance
Committee had a petition presented to Parliament against
the bill. He was in hopes the Toxteth-park and. Cheshire
people would take up the subject, and that the House of
Commons would concede all that was required.
in answer to a question from Alderman Horsfall, Mr.
G. H. LAWRENCE said £3OO had been granted for the
purpose of widening that part of Everton-road which runs
by the side of the Necropolis ; and Mr. TiItSEIR said the
Everton gentlemen were subscribing liberally to have ex-
tensive improvements made, and that satisfactory results
were anticipated. _ _ _

' Mr. J. a LLOYD informed the Council that a line of
railway, to be called the Wavertree and Melling Branch
Railway, was intended to be carried through the News-
ham-house property.
Mr. G. H. LAWRENCE said the Finance Committee
were not aware at the time they made the purchase that a
line of railway was to run through the estate, but they
would make the best arrangements possible, and a railway
passing through it might be of advantage to the property.
Upon the proceedings of the Dock Committee having
been read, the Council were drawn into another discus-
sion upon the question, so often raised before, as to whe-
ther the Dock Committee were or were not independent
of the Council. The Town-Clerk said his decided opi-
nion, confirmed by that of the late town-clerk, was, that
the council, as trustees of the docks, were the persons to
originate all new bills. Mr. Moore asked whether the
Town-clerk considered the Dock Committee a committee
of the Council. The Town-clerk replied that he did not
consider that they were. They had power to carry out
existing acts; but when a bill was in progress to confer
further powers on them, it was the bill of the council.
Mr. Hugh Hornby moved that the proceedings of the
Dock Committee, under existing acts of parliament, be
confirmed ' • but that those proceedings which bad reference
to the dock bill now before parliament be postponed for
consideration until an adjourned meeting of the council.
Mr. James Lawrence seconded the motion, which was
carried by a majority of 32 to 11.

The adjourned meeting took place on Friday, when the
Mayor called on the To% n•Clerk to state his opinion as
to the relative position of the Council and the Dock Com-
mittee.

The TOWN-CLERK then repeated at some length his
opinion that the Dock Committee were only appointed to
ctrry out the existing acts of Parliament, and that, with
respect to new matters, they were subject to the control
and direction of the Council. When this subject was
previously before the Council, the opinion of counsel wi's
taken upon it • and Mr. (now Just'ce) Maule, and Mr.
(now Justice) Wightman, and Mr. Rushton agreed in the
opinion which he now expressed. Since the meeting of
yesterday, he bad consulted Mr. Crompton, and his opi-
nion was also the same upon the subject.
Mr. BIRKETT asked the Town-Clerk whether the pro-
test ought not to be erased from the books.

The TOWN-CLERK said they ought not to erase any-
thing from the books. The best course to adopt was to
enter a resolution on the books to show that the Dock
Committee, in the judgment of the Council, had no au-
thority to enter such a proceeding.
Mr. Alderman Nicol asked the Town-Clerk if it were
not usual in all pubhe bodies, such as insurance compa-
nies, to appl; for hills, and invest the property in trus-
tees, and on being answered in the affirmative, contended
that the Council only acted in the same relation towards
the Dock Committee.

The TOWN-CLERK said they were not parallel cases at
all,—the powers of the committee were limited to certain
purposes.
Mr. Nicol. contended that the corporation of Liver-
pool, having a veto on the proceedings of the Deck Com-
mittee, was one body, and the Corporation, as trustees,
were a different body.
The TOWN-CLERK said the Corporation never were the
trustees of the Liverpool docks, and were not now. The
old Corporation were the trustees. In reply to Mr. Rath-
bone, the Town- clerk also said, that if the Council, who
were trustees of the dock 3, disapproved of
.the bill, they
had a right now to withdraw it.

Mr. kderman Alooitz denied that there was any desire
on the part of the Dock Committee to et:lt:lnch on the
rights and privileges of the Council. He, as chairman,
had no feeling whatever on the subject. It was a legal
question to be decided as a matter of law, and as such he
hoped it would be treated. He thought the Council
ought to remember that on this question they were acting
as trustees, for the benefit of the dock estate, and not for
the particular interests of the wards they represented. He
was sorry to see that on many occasions there was a great
disposition shown by some members of the Council to dip
their fingers into the dock purse, and therefore it became
necessary that the rate-payers should protect their own
interest. Mr. Moore then quoted the various acts of
Parliament, and contended that the plain meaning of them
was, except by a majority of two-thirds, the Council had
no contr 1 over the Dock Committee. In order to show
that this had been acted upon hitherto, be said that all
schemes for dock improvements had originated in the
Dock Committee—the Council had initiated nothing. In
reply to Mr. Evans's arguments for the supremacy of the
Council, he (Mr. Moore) read a resolution proposed by
that gentleman at the Dock Committee, calling upon the
dock solicitor to take counsel's opinion as to the legality
of the proceedings of the Council, in reference to dock
plans for parliamentary purposes, which bad not obtained
the sanction of the Dock Committee, and generally, as to
the separate jurisdiction of the Town Council in the affairs
of the dock estate. He contended that this showed a very
different feeling to that exhibited yesterday, and adde,l,
that the Dock Committee, in the course they had adopt-
ed, had acted under the advice of the dock solicitor. He
suggested that the best course to adopt was to haves case,
drawn up and approved of by the town-clerk and dock
solicitor, submitted to counsel, in order that the matter
might be settled. In conclusion, Mr. Moore read a very
elaborate opinion of the dock solicitor, prepared some time
back, in which it was stated, that in all matters, subject
to the annulling or confirmation by two-thirds of the
Council, the Dock Committee are a separate and distinct
body. _ _ _

Mr. H. HORNBY thtught the course adopted by the
chairman and deputy-chairman of the Dock Committee a
most unusual and very inconvenient one. All they bad
to deal with in that room was the opinion of the town-
clerk. He moved a resolution to the effect, " That the
Dock Committee, except when acting under some resolu-
tion of this Council, as trustees of the Liverpool docks,
have no authority with. reference to any bill presented in
parliament by the trustees, and not passed into law; and
this Council, as such trustees, cannot, therefore, by law,
recognize in the committee the power which, the com-
mittee appear to have assumed, of exercising a discretion
with respect to clauses directed by the trustees to be in-
serted in the dock bill."

Mr. EARLE, Mr. BIRKRTT, Mr. J. B. LLOYD, Mr. G.
H. LAWRENCE, and Sir THOMAS BRANCEER supported
the resolution.

Mr. HORSFALL, Mr. MANN, and Mr. Nicor, urged
the taking of counsel's opinion, as suggested by Mr. Al-
derman Moore.

Mr. EvaNs, in reply to what Mr. Alderman Moore had
stated, said his objection on the occasion alluded to was
not to the supremacy of the Council, but to the informality
of the course adopted at the tithe. He urged the Council
not to enter into a compromise in the matter. Their
course was clear, and they could neither part with nor
arbitrate as to their rights. He concluded by suggesting
that Mr. Hornby might improve his resolution by making
it imperative on the Dock Committee to enter the resolu-
tion in their journal.
Mr. Alderman Mooaz proposed, as an amendment,
that the Town-clerk and Dock-solicitor be instructed to
draw up a case for the opinion of counsel, especially with
reference to the relative powers of the.two bodies.
Mr. Iv oot. seconded the motion.
Upon a division there appeared for the amendment of
Mr. Alderman Moore 13, against it 32 ; namely, for—
Messrs. Hill, Middleton, Henderson, Hoyden, Wood,
Glazebrook, Mann, Houghton, sen., Horsfall, Nicol,
Moore. Molvneux, Chilton. Against—Messrs. Shaw,
Thornhill, Chalmer, Preston, Rathbone, Evans, Little-
dale, Ilolmes, H. Hornby, Tinne, Aspinall, Robinson,
G. G. Hornby, Birkett, Robertson, Kaye, Procter, Lloyd,
Higgins, J. Hornby, Wale, G. H. Lawrence, Plumpton,
Jones, Lace, T. Loyd, J. Lawrence, Turner, Sands,
Swainson, Bushby, and the Mayor.
The original motion was then put and carried.
COURTS OP LAW COMMITTEE.-DR. WESLEY.

The proceedings of this committee having been read.
Mr. LLOYD entered into a long statement respecting
the appointment of Dr. Wesley, as musical professor, to
superintend the erection of the organ at St. George's
Hall, and the selection of Messrs. Gray and Davidson as
the builders.
Mr. EARLE contended that the contract for the organ
should be an open one, and in reference to Dr. Wesley
said, that although that gentleman was one of the best of
organists, he was not calculated to superintend the erec-
tion of an organ. He knew nothing of the mechanical
construction—had never seen any of the large Continental

organs, and was altogether unfitted to direct the construc-
tion. He added, also, that the conduct of Dr. Wesley
bad been anything but straightforward. as be had been
endeavcuring to get a double commission. Mr. Earle
concluded by proposing an amendment, to the effect that
the subject be referred back to the committee, with direc-
tions that they obtain plans and specifications from
Messrs Gray and Davidson, Mr. Hill, Mr. Lincoln, and
Mr. Bishop, and that these be submitted to the Council at
a future day.
Mr. PARKER seconded the amenndment.

Upon a divisor), there appeared for Mr. Earle's amend-
ment, 16 ; against it, 20, namely, for— Messrs. Thornhill,
Chalmer, Preston, Rathbone, Evans, Holmes, 11. Horn-
by, G. Hornbv, Boyden, J. Hornby, Parker, Earle,
Jones, T. Lloyd, J. Lawrence, Turner. Against—Messrs.
Hill, Littledale, Tinne, Stewart. Birkett, Robertson,
Wood, Kaye. Procter, J. 13. Lloyd, Higgins, Plumpton,
Glazebrook, Lace, Horsfall. Swanson, Molyneux, Bush-
by, Chilton, and the Mayor.
Mr. HIGGrNs proposed another amendment. that the
subject should be referred back for further consideration.
This was seconded by Mr. Horsfall, and .tarried without
a division.

It being now after three o'clock, and the Council not
having disposed of half the business on the notice paper,
the meeting was again adjourned.

The further adjourned meeting was held on Friday, the
proceedings at which commenced with the presentation of
a petition from 200 tenants in the four markets, express-
ing their regret that the markets were to be closed at an
earlier hour, and stating their convicion that their busi-
ness would go into the hands of the shopkeepers ; they
thought that public houses and markets ought to be closed
at the same hour, and that Sunday trading ought to he
closed. The memorial was ordered to lie on !he table,
after Mr. Alderman Lawrence had said that he and Mr.
Dowling were adopting the best means for preventing
Sunday trading.
The proceedings of the Health Committee having been
read, Mr. LACE proposed the following motion :—" That
the members of Council now constituting the joint sub-
committees of the Watch and Health Coma ittees, on the
bill of Lord Lincoln, and the proposed sanatory bill of
the Council, be appointed a special committee on those
bills, and any other bills which are or may be introduced
into Parliament on the several important subjects therein
proposed to be providdd for." He said that his principal
object in submitting the motion was to enable the special
committee to report at as early a period as possible, and
when the taking of any important step was considered
necessary. Communication, he observed, had been bad
with the Liverpool and Harrington 'Water Company;
but, under present circumstances, it was advisable not to
enter into any detail of what had transpired. He thought
that as it was a private concern, discussion had better be
avoided. Suffice it, however, to say, that the committee
had had only one object in view—to act fairly towards the
Harrington Company, and not to pay too dearly for ob-
taining a better supply of water.—Mr. JAMES LAW-
RENCE seconded the motion.—Mr. PROCTER wileel an
addition to be made to the resolution, for the purpose of
appointing a deputation from the Health Committee and
Highway Board to ascertain which of the hills is likely to
meet with the approval of government.—Eventually,
however, the resolution, as proposed, was carried without
a division, and the following gentlemen were apt ointed
the committee—Messrs. J. Lawrence, H. Hornby, Tinne,
Thornhill, Turner, Lace, R. Houghton, Rattabone, Chal-
mer, and Sothern.

A watch-rate of one-penny and 271-320 parts of a penny
was laid upon the parish of Liverpool, the townships of
Kirkdale and Everton, and those parts of the township of
West Derby and the extra-parochial place of Toxttth-
park, which are within the borough.
A memorial from the bouseowners' guardian society,
pra}ing that the 148th clause of the sanatory which
proposes to rate the owners instead of the tenants, is to
be considered when the sanatory bill is subwitted to the

Council.
Air. T. LLorn withdrew his motion relative to the land-
ing stage at the new Harrington Dock, and the appoint-
ment of only person to fill up the register of dock rate-
payers. • _

Mr. RATHBONE submitted the following motion,
which he slightly altered from that of which he had given.
notice:—" That the delay in discussing the important
commercial measures now under the consideration of Par-
liament is occasioning serious evils to the commercial
community. and is adding greatly to the stagnation of
trade arising from a combination of circumstanc.s; anti
that the Council do represent this state of things, by pe-
tition, to the legislature." He assured the Council that
in submitting this motion, he wished, neither directly nor
indirectly, to introduce anything of a political character
into their discussion.
Mr. C. RoliEßTsoN seconded the motion.

Mr. HORSFALL said, that while the resolution was in
its original shape, it was impossible to discuss it without
party considerations being mixed up in the debate. The
alteration of the word " passing " to " discussing." had
disarmed much of the opposition by which it would then
have been met, but not all of it. Ile praised the moder-
ation which had marked the sneer-hes of the mover and
seconder, and intended to imitate that moderation ; and
still he thought the resolution objection•ible. He did not
think it was a question for discussion in that council.
No one had ever been a greater advocate for full and free
discussion than Mr. Rathbone ; but if his motion were
now urged upon the government., while the tpiestion to
which it related was under discussion, it would at least
have the appearance of checking free discussion in parlia-
ment. If there were no other grounds of opposing it, he
would offer an opposition on that alone. But he would
go a little further. He was aware that he might be ac-
cused of inconsistency, as he was the man who had intro-
duced the subject of the Customhouse reform in that
Council—(hear)--but on that question there w,s no dif-
ference of opinion. It was a question entirely free front
every party consideration whatever; and, what was more,
it was a subject on which the government were not only
not legislating at all, hut on which they had refused to
legislate. (Cheers ) The case was widely different from
the one now before them. The present was a question
which it was impossible to divest of some party consider-
at one. It was a question on which parliament would of
themselves shortly come to a conclusion perfectly satis-
fictory to the mover and the seconder. He objected to
the foundation of the resolution, that the delay was caus-
ing a " total" stagnation of trade. Was not some stagna.
tion caused by the fearful speculation in railways? by
certain parties taking credit to a much larger amount
than they were entitled; and these were causes which de-
pended more upon themselves than the tardy legislation
of government. He objected, therefore, first, because it
was not a subject proper to he discussed in that room ;
and, secondly, because its foundation was bad, inasmuch
as they had evils enough at home to account for, whatever
there might be of stagnation of trade. at least as far as
that community might be concerned. He should, there-
fore, move as an amendment, that it is undesirable to
adopt any petition on the subject of the commercial mea-
sures now before Parliament.
Mr. PARK, R said that if Mr. Rathbone had said that
he stood forward on the present occasion as the represen-
tative of the League, and called upon the Council to peti-
tion the House of Commons for a total and immediate re-
peal of the corn laws. he would have understood him
much better than he did. if the motion was not a poli-
tical one, it was bordering so closely upon politics that it
was impossible to separate it from them. The Council.
had already been occupied for three data in discussing
their own affairs; and if now they went to discuss the
affairs of government, they would be kept three days
longer.
Mr. 11 ATHBONE briefly replied ; and the Council di-
vided. There appeared—Fur the amendment. 25; against
it, 10 ;—m.jority. 15. The amendment was consequently
&dared to have ken carried. The following gentlemen
voted in the division :

For it :—Messrs. Atherton, Shaw. Hill, Middleton, T.
Littledale, jun., Tinne, Henderson, G. G. Hornhy, Roy-
den, Wood, Procter, Parker, G. H. Lawrence, Plumpton,
Glazebrook, Mann, Birkett, Horsfall, Griffith, James
Lawrence, Turner, Swainson, Nicol, Molyneux, and the
Mayor.

Against it : Messrs. Chalmer, Rathbone, Evans,
Holme., H. Hornby, Robertson, Higgins, Earle, Lace,
and Lloyd.
Mr. TURNER gave notice for the next Council that be
would call attention to the late glorious victory in India.
He thought that, if they did not take an early opportunity
of recording their views of the gallantry of the army and
of the importance it was to Liverpool that the supremacy
of British rule should be manifested in India, discredit
would be reflected on them.

A new court of record for the recovery of the smallest
amount up to £5O, has been op"ned in Manchester.
We are happy to see by Mr. Charles Smith's advertise-
ment, that he is again residing in Liverpool. We most
heartily wish him continued success in his profession.
NONE NEED BE SICK.-Head the following case of cure
by Holloway's Pills.—Mrs. Jessie Anderson, living near
the Fountain Bridge, Edinburgh, suffered from lowness
of spirits, sick bead-aches, dimness of sight, together with
a want of strength and appetite. These symptoms were
accompanied with a cough and a spitting of phlegm, and
likewise much windy spasms. No medicines had been of
any service to her, until a lady advised her to tty " Hol-
loway's Pills," which gave her immediate relief, and in a
fortnight made her as well as ever she was in her life.

COAI.PRESSED Alta-ENGINE.-A model of Mr. Parsey's
compressed air-engine, which has attracted so much at-
tention amongst scientific men in the metropolis, will be
exhibited to-morrow and the following days, in Lancelot's-
hey in this town. The motive power used for this engine
is compressed air, and the advantages promised by its use
are cheapness, durability, safety, and an avoidance of the
noise, smoke, and vapour caused by the locomotives now
in use. A company has been formed for the purpose of
bringing the machine into operation. The deposit is £1
Is. per share, beyond which, it is announced. no further
call will be made. It will be seen by the advertisement
tha, some shares have been reserved.
Tn a FLORENTINE MODELS.—These celebrated models
of the human frame are by far the most finished specimens
of an art which has of late years attracted much attention
from the votariies of science, the admirers of the beauti-
ful, and those general observers who desire to obtain in-
struction at little cost of intellectual labour, and, where it
is practicable, in combination with amusement. The fi-
gures are most exquisitely modelled, the exterior propor-
tions being fashioned in the finest moulds of beauty, while
the internal structure is displayed with wonderful force
and correctness, the very texture of the fibres, vessels,
ducts, and bones being imitated with the most extraordi-
nary precision. An inspection of these curious works of
art is earnestly recommended to all who love to contem-
plate the works of nature and desire a closer and more
correct illustration of the structure and mechanism of the
human body than can be obtained by any other process
short of actual dissection or attendance at the lecture-
room in presence of the anatomical demonstrator. The
models will remain in Liverpool but a few days beyond
the present. Separate days are appropriated exclusive'y
for the attendance of ladies.

2mtrira,

Sails on Saturday.—Has a large portion of her
cargo engaged and going on board.
For CHARLOTTE TOWN,
PRINCE EDWARD ISLAND,
The fast-sailing first-class Barque AGITATOR,
H. MAGEE, Commander;
417 tons register : loading in Canning Dock Basin, and will be
despatched on Saturday.—Apply to
C. S. LEMON, 5, Rumford-place.

~.
`~~r~
'-y
:!nWj~~,