The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-01-17 00:00:00

LIVERPOOL- 13(

The annual meeting o'
otanic Gardens was

GARDEN

, in 11

Lis erpoot

Clarendon-

annual report of the conimittce,-the election of the officers,
and to consider certain resolutions which had been forwarded

by circular to each prop

sident, WOK toe cnair. lne meeting was wilily a14,L1.,....
The CHAIRMAN commenced the proceedings by reading
the committee's report, of which the following is a sum-

mart'
The report stated that in conformity with the resolution
passed at the last annual meeting, a sub-committee had been
appointed to open a negotiation for the sale of the garden to
the common council, but the sale was not completed, and
the various steps which the committee resorted to in conse-
quence, and which have been already before our readers, are
there detailed. The committee then say, that according to
the resolution passed on the 2nd May last, they have been
enabled to raise a sum to pay off the whole debt. The re-
quired sum has been borrowed for a term of not less than
seven years, at the rate of three per cent. interest, the Bank
of Liverpool having consented to make up the defficiency at
the same rate' on the distinct understanding that every ex-
ertion should be used to raise the full amount as soon as
possible. The report then calls upon the body of proprietors
to use their best exertions to induce their friends to become
proprietors or subscribers ; and after noticing the continued
annual forfeiture of shares, which threatens the ruin of the
institution, states, that at no previous period of its existence
was the garden in such complete order and perfection. It
concludes by noticing the vast multitudes of the labouring
population who visit the garden on the public days. The
committee regret that they have only received £lOO annually
from the corporation, a sum totally inadequate to retain the
loss sustained by the increased expenditure and reduced sub-
scriptions consequent on the gardens being opened to the
public two days in the week.
The PRESIDENT said there were one or two things to
which he wished to call attention. The first was, that the
committee had succeeded in borrowing a great part of the
money, and in this way they had reduced the interest of the
debt; but he was sorry to say, in consequence of so many
shares having been forfeited, he did not know that they had
gained much by that. .By borrowing this money at £3 per
cent., a saving of £54 per annum was made ; but in conse-
quence of the defalcation in the subscriptions, and the for-
feitures of shares, they bad a diminution of income to the
amount of £7O; so they were £2O worse off than before.
Another matter was the subscription to the corporation.
He and Mr. Holt had waited on the Mayor with a, commu-
nication from the committee respecting an increased sul -
scription : they were most courteously received, and the
application was referred to the Finance Committee ; but
whether anything additional would be received from that
source was, at least, exceedingly doubtful. The subscripticn
of £lOO was totally inadequate to repair the loss sustained
by the gardens being opened to the public two days in the
week. The committee had reason to believe that many
persons availed themselves of these opportunities of visiting
the gardens, who otherwise would have paid their subscrip-
tions. In conclusion, be wouid mention that the committee
were satisfied it would require the greatest exertions to keep
up the gardens with any degree of credit, and the greatest
point with them must be to increase the number of sub-
scribers.

Mr. HADWEN, the treasurer, then read a statement of his
accounts, from which it appeared that the current expen'es
amounted to £694 17s. 5d., whilst the income was only
£704 19s.
On the motion of Mr. WATSON, seconded by Mr.
FALANER, the accounts were passed, and the report
ordered to be printed.
Mr. E. MULLENEUX moved, and Mr. ROBERT MATHER
seconded, a proposition that Dr. Reynolds be elected presi-
dent for the ensuing year.—Carried unanimously.
The Rev. Jonathan Brooks, the Rev. James Martineau,
Dr. Freckleton, Mr. J. V. Walker, Mr. John Bent, and Mr.
H. Newman, were elected the committee for the next year.
On the motion of Mr. HORSFALL, the thanks of the pro-
prietors were voted to those ladies and gentlemen who had
presented seeds and plants to the gardens during the past
year. Thanks were also returned to the officers of the past
year, and to the proprietors of the Athenaeum for the use of
their committee-room.

The next resolution authorized the forfeiture of all those
shares, the subscriptions for which were in arrear for 1841,
and previously.—lt was carried unanimously.
The CHAIRMAN said, this was all the ordinary business,
but the committee had received notice that several resolu-
tions would be proposed—copies of which had been sent to
each proprietor.
Mr. E. D. FALKNER said, that being the person who
had given notice of these resolutions, he would first read
them, then explain them generally, and afterwards they might
be put seriatim.—Mr. Falkner then read the following :
" 1. That the rules of January, 1841, whereby the gardens
have been closed altogether on a Sunday, be rescinded, and
that hereafter they be opened on _that day to proprietors and
annual subscribers, after two o'clock p.m., until dark in the
winter, and until eight o'clock in the summer months.
" 2. That the committee be authorized to engage a band
of music, to play in the gardens on twelve evenings during
the next summer, during such hours, and on such particular
evenings, as they, from time to time, at their discretion, ac-
cording to the state of the weather, shall determine, public
notice thereof being given in some convenient manner.
" 3. That there shall be three public exhibitions of bo-
tanical and horticultural specimens held during the next
summer, one in May, one in June, and one in August, the
days for holding which shall be fixed by the committee ; and
in order to encourage competition, and to remunerate the ex-
hibitors for expense and trouble, a list of prizes shall be
framed, and advertised by the committee as early as possible,
on the principle of the one advertised by the Horticultural
Society of London, that is, specifying at once every item
for which a prize will be given, and the amount of that prize,
leaving it to the exhibitors to contend for it at each or at all
of the three exhibitions, as he may please or find it con-
venient, tht gross amount of such list not to exceed £lOOO.
" 4. That all proprietors and annual subscribers be ad-
mitted to the exhibitions free of extra charge.
" 5. That the scale of subscriptions for the present year
shall be,—proprietors as heretofore, one guinea and a half,
with the following privileges, that is, free admission at all
times for themselves and families resident with theta, (ex-
cept sons, brothers, or nephews, of age, and in business for
themselves,) with power to introduce, either personally, or
by special written order, any number resident more than five
miles from the gardens, but not exceeding three at once of
residents within five miles.

" G. Annual subscribers for family tickets two guineas,
with all the same privileges for the year as proprietors,
except actual ownership in the property, and the rights con-
sequent thereupon, such as voting at meetings, &c., and also
except the privilege of giving written orders of admission to
residents within five miles of the gardens.
7. Annual subscribers, for non-transferrable tickets :
Single ticket, 10s. ; two tickets in same family, 18s. ; three
ditto, 245.; for every additional ditto, 7s. more. Entrance
fees for strangers, resident more than five miles from the
gardens and not introduced, Is. each. Exhibition tickets
for the three exhibitions, single, ss. ; double, 9s. ; treble,
125.; and 2s. for every additional ticket. For one exhibition
only, purchased before the day, 2s. ; on the day, till four
o'clock, 2s. 6d. ' • after four o'clock, Is. No orders on ex-
hibition days or Sunday."
After Mr. Falkner's explanations, a long discussion en-
sued on each of these resolutions. On the first, Mr. ADAM
HODGSON, seconded by Dr. TATTERSHALL, moved, as an
amendment, that the gardens remain as at present. As the
amendment, however, was a mere negative, it was agreed
that the question should be put for or against the original
motion. A division took place, when the original motion
was carried. Long and interesting discussions took place
upon the other resolutions, at the end of which they were
all carried.
The thanks of the proprietors were then voted to Dr.
Freckleton, for his conduct in the chair, and the meeting
separated.

MR. STUART.—THEATRE-ROYAL.—Mr. Stuart reap-
peared at the Theatre-Royal last evening, after an absence
of two years ;—he was warmly welcomed
on his entrance.
LIVER THEATRE.—Mrs. Honey is playing a round of
characters at this theatre with considerable eclat.
The weather, since the storm of Saturday morning, has,
in this locality, been of a varied, and latterly, of a gratifying
kind. Saturday was fine for the season. Sunday was a
dismal winter day, with heavy falls of sleet, snow, and hail---
so that none but the robust could venture abroad. Yester-
day was again dry and cheerful, but exceedingly wet under
foot ; and last night was cloudless and almost calm, with
brilliant moon. The gale has certainly quite passed awaY,
and a slight and salutary frost will probably set in.

SUNDAY TRADING.—Mr. Joseph Sheppard again appeared,
before Mr. Rushton on Saturday, in answer to a charge of
having on the Sunday previous sold a small book at his shoP.
Mr. Sheppard said he pleaded guilty to the charge, but com-
plained of being singled out for persecution, and was fined se.
Mr. Sheppard then laid an information against -Wm. Spence,
the Mayor's coachman. He stated that on the Sunday before,
at a quarter before one o'clock, he saw the defendant turning
his coach round which he believed was following his daily
avocations on the Lord's day. This was confirmed by a wit-
ness. Mr. Shuttleworth, the Deputy Town-clerk, appeared
for the defendant. Ae contended, that the defendant did not
come within the meaning of the act, which, in its first section,
set forth, that no tradesman, artificer, workman, labourer,
or other person whatever, shall do or exercise any worldly la-
bour, business, or work of their ordinary callings upon the
Lord's day, or any part thereof. The defendant was neither,
a tradeaman, an artificer, a workman, or a labourer, and
the general term, " or other person whatever," could o°'
apply to him, for Lord Tenterden had laid it down, that
when general words followed particular ones, the role
was to construe them as applicable to persons dusdeo
generiß. In the case Soudiman versus Breach, before
Lord Tenterden, it had been held, that a stage coachman
were not within the meaning of the act. If a stage coach-
man were not within the meaning of the act, neither was the
coachman of a private gentleman. If so, indeed, other d 9:
mestic servants would be so, as a footman waiting upon his
master, for instance.--Mr. Rushton asked to be allowed
look at the case. The case, Sandiman v. Breach
was that
where a person booked a place, and paid half the, fare to g°
by a common stage coach from Clapton to London on a Sorl;
day, and the coach proprietor refused to carry him, becao- there were no other passengers ; whereupon he hired a P?6t
chaise to go to his destination, and sued the proprietor I°r
the amount. The case was heard before Lord Tenterde,rl;
when the defence was, that the contract was illegal, and ,_tut
Judge reserved the point. It was snbsequently argued, tiler
Baron Gurney, in support of the rule, raised the point uno.„,
consideration, by stating that the whole turned upon %
point whether the contract entered into on the Sunday 17'
iilegal. Lord Tenterden gave judgment. The opinion Wr
that the ease did not come within the statute 3d Charles
or 29th Charles 11. By the former it was enacted, " Tha
no carrier with any horse, nor waggonman with any
waggon, nor carman with any cart, nor wainman with eu,
wain, nor driver with any cattle, shall, by themselves o'r
any other, travel on the Lord's Day ; and, by the latter'
" That no tradesman, artificer, workman, labourer, or other r,
person whatever, shall do or exercise any worldly labot;,o
business, or work of their ordinary callings on the Lo.rarlier
Day." It was contended, that under these words, " o
persons whatever," the drivers of stage coaches were,
eluded. " But were general words," said his lordship,
_ll,lO
low particular ones, the rule is to construe them as apnlie is
to persons ejusdem Beneris. Considering, then, tl?at'
od,
Charles I. carriers of a certain description are mentioners,
and that in the act 29, Charles 11., horse-carriers, weggetion'
and travellers of certain descriptions are specifically men atria
ed, we think that the words ' other persons,' cannotroaiia
been used in a sense large enough to include the owner
driver of a stage coach. On these grounds the rule must
discharged." Mr. Rushton, having read the above case, aaa
the grounds stated by Lord Tenterden where strictly_s'l'
lineable to the present case. The words "or other pe!a.ofries
were limited in the act. It was set forth in the act of ",;,,
1, that persons who were robbed when travellinufao;reg,
Sunday were not allowed to recover from the 11
cause
to
Yet, in a case where a person was robbed while gPlcause
church on a Sunday, he was allowed to recover, o:_gity.
it was held, that going to church was an act of ne re'ci to
The defendant must be acquitted. The Mayor begogpsible
say, that, in this case, he was, in reality, the reefaa out,
person, and not the defendant. The carriage was te"atiatq
on Sunday, for the purpose of bringing him from the;o'_'.,„ tbs.
into town to go to church, and was not made use of °.„"t bad_
day, for any object of pecuniary profit or recreation;
_ilstraete,
always been considered right that the Chief INjet, ard
should himself set the example of going to churel%Tfornia,
to induce others to attend their places of worship. -Vsqies,
tions had been laid by the same party against Mr. u'
the Exchange Newsroom, and against two other keep
newsrooms, but they failed for want of evidence.