The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-02-19 00:00:00

injurious consequences—it is as follows;

f change and innovation appears to rest e-
COURT OF KING'S BENCH.—THURSDAY.-
that if we were to withdraw all protection THE
AND CORPORATION OF LIVERPOOL, V. BOLTON
ets generally to all foreign productions, ourP' m
AND OTHERS.
es would be willingly taken in payment , 4,,tien
bl t•
bProLLETT opposed the case by stating, that this was an
he full amount of such importations. 1 *Pool, to ought by the Mayor, Bailiffs, and Burgesses of Liver-
snetchawrecoyer certain tolls from the defendants, who were
e means to propose as a condition, that this.°
a the . ts of that town. The defendants had pleaded, that
Or. Such a proposition is in itself incaP3' „}.l.lvere not liabl
i, and would be in the teeth of all his theorie °1 not
SCA:LETT said, he bad the honour to appear as
Ai "unsel
re. seught
to st/r the Mayor and Corporation of Liverpool., who
it will be a voluntary act on the part of
\Nilo
show cover certain tolls which had been received, as he
st deny the correctness of such an assertioe
0, selao,,, from the most ancient period, and which had but
eis against it, and that is our only safe g seleer, been disputed, but when disputed had received the
if the foreigner can buy what he wants on l? respecutastanction of the law. The defendants, who were most
than he can elsewhere, we shall be sure of Id Proper t le American merchants, had, however, thought
were o set the plaintiffs once more to prove their title. If it
nner; but if he can purchase what he re?, the inter
lie
fitted to any advocate to mix up a personal feeling in
s in other markets, he will take our monel:, which 1 ests of his clients, he must express the great interest
in payment for such as we receive from hiln, He vca:e felt in the prosperity of the Corporation of Liverpool.
qi his Indebted to the county of Lancaster for the possession
re, and every day's experience, in even the (4
rl sionerst professional hopes ; there he was cradled in profes-
)f life, tends to confirm it.--I beg to refec, the firs'illoWledge, and he was indebted to that Corporation for
imes, that must live in his recollection as
~, thew°, oriel which he ever held in that county. He should,
n deficiency in our crops
;sandas neces3arily fell he shot;-_, reflect with peculiar pleasure, if, upon this occasion,
rtations of foreign corn
assert that these were paid for by an /aro, Eralcia:;°tts were exerted in assisting his late friend Lord
lanufactures ? Ido not hesitate to say, ce‘ distie `.41, asserting their rights. He felt, also, greatly for the
re a proof to the contrary. After exhaust of I.4llaned improvement which had taken place in the port
cable balance, arising from our general trn 1 Illeree, 11)001, and its advancement in every species of com-
towards the payment for these importation'', It is ' Until, with rapid strides, it rivalled the metropolis itself.
as been paid for in the, precious metals,
II teerieert more than a century since the Corporation com-
et those who may. doubt, refer to the statec, to the Making those improvements which had progressed
during these.periods as furnished by the aorkt present day. In comparison with every other part of the
id to the invariable fall in the rates of Esq.: ass; ,ll'e port of Liverpool was distinguished by the cheap-
:rmany, and the North of Europe, from or,. althe4eis,patch, and facilities afforded to commerce, and
rf foreign grain have been chiefly drawed,, i Nana: iii London, and almost every other port, the duties on
ley wilt find enough to satisfy them that 5 had be tee had last year decreased, yet in Liverpool, the result
is not then delude ourselves by entertaining e \Zl•the other way. It was known, that, in that port, a
ries, nor permit them to induce us to makC( in 40 st Ind Ship could enter, discharge her cargo, take
eriments, by withdrawing protection froto i; of fedrlllward-bound one, and leave the port, in the short space
iutifacture that may still requite it—for tile"' beer, days. In no other part of the world had so much money
subject, as I may probab y have again °cc° though in affording facilities to commerce, and al-
when I come to consider Mr. Booth's rectos' hot „, tile time might arrive when the Corporation of Liver-
propositions for, a free trade in corn. gill it'"old decay or be crushed by the hand of violence,
examining these propositions! I must ad greatkwould long be remembered for its publicc spirit and the
bservations on the Trade with China, toll, R'etaetits which had been derived from xertions. The
t subject •of complaint. It must he obvii baeitnnw sought to be recovered, had been received as long
tit person, that the restrictions to which, be de " human memory could reach, if parole evidence could
erto been subject are very dissimilar in he c„P,erled upon; if he wished other evidence, other evidence
icts to those others, on which this gentle, re, I'M show, by the Corporation books, that they had been
:rted. Ile has discussed such branches 01, tripe(' ever since the reign of Elizabeth, and if he wanted
manufacture as it has been deemed exP , Ileae,.__r authority, he could trace it to the time of Henry VIII.,
Foreign invasion, or that have now rent'' ,104,1'.a Vt. Henry IV., Edward 111., Edward 1., and King
they are competent to protect themselves; heel, He 'believed, that so clear a deduction of title had never
China is not a question to which the Fore') greemade before a jury. In point of magnitude this was the
; one between a privileged body of our fe, of !''test cause ever tried in this court, and the great importance
ie public at large. The claims of the East ' It 4,- the public equally claimed the attention of the jury.
bout to come under the consideration of F. ex,i'Lee Plaintiffs should be defeated, the public must no longer
nfancy of British commerce, extensive oats' lA_ et the continuance of those improvements in the post of
tas the trade with India and China, was be heepool which the increasing demands of the port required.
capital of private individuals ;it was the ' Prowrtled counsel then proposed to class his evidence, first,
ler to encourage and induce numerous :,' e„,"iog the title of the Corporation to exact the tolls from
yes into companies, and embark in such a . t;"Pst ancient times; and
heft to show the nature of that
o grant to them the protection of exclusive/ seZ was claimed under tle. Those he would prove by
ited periods ; and such was the origin °` 'tie„ eh and parole evidence. First, as to the title. The
These motives have long. since ceased t°,4o,:ltswere aware, that, in ancient times, a greater portion of the
'standing, these exclusive privileges have re
,p toe of af England were in the possession of the crown, who
liberally renewed for additional periods ',,t st;sse_a -dues on imports and exports at pleasure. In pro-
npany. The time is now at hand whea,tte illef time, those ports were conveyed, in some instances,
; and as regards the China Trade, as thetiithe ividaals, along with the right to collect those dues. In
renewed, the trade must then be opened tiptieseearlY periods, it was the practice of the crown to farm out
Until that period arrives, it must be ell, of T Ports, particularly by King John, who farmed to the Society
col
merchant can engage in it, and it is equeV oth`eVolhards the tolls of many ports, that of Liverpool among
rner has the power of doing so, to whicy' IlytO: That continued until the reign of William the Conqueror.
aterprising arrangements, the East India Ithe ,r Doomsday Book it appeared that Roger Poicton held from
way for Pun. otgllrei,i'fag all lands between the rivers Ribble and Mersey, which
this letter, I must venture to notice allikeol :Lett Liverpool. King Henry 11. granted the town of Liver-
osition, put forward by Mr. Booth, as alii',Atormaledle Fitawarren who afterwards exchanged with the King
,elusive, but which I confess lam either too °ttlie ehr•ile, other lands, henry 111. granted a charter to the town,
sr too ignorant to concur in. He says alOrtlSlolel_l' among other things, were included all " right and due
)be forgotten that a certain amount of c.„,ittiele(4s" It gave the right of all foreigners to trade there ou-
sters beneficially employed in manufacturnAto thsted by the King; and in the same reign, the King farmed
tation, in lieu of one unported, than in wot,',les„,e Hen ration of Liverpool all dues at a rental of £lO a-
,tected ' article for home-consumption.' „,erlaiht,i III. afterwards granted all the lands between the
ose, that in other, but plainer words, he "'elate %and the Mersey to Renald, Earl of Chester, who had
ihould at once abandon the manufacture o#,lter,.e gattghters, the youngest of whom married illiam de
s are now protected, whatever may 14,1,40,e daughters, Earl of Derby; (that family did not derive their title
probable consequences of doing so, al?.diof wuerby, in the county of that name, but from the hundred
the Foreigner alone, but with the IMl3TaCi,lAeri "t Herby in the county of Lancaster.) The Earl of
is to 'take other manufactures of ours iiii4lttas,,al died, leaving his son Robert a minor; and Henry 111.,
no such condition can be made, I m4%1104,18 the custom of 'those times, appoiuted his eldest son Ed-
sere is the answer; but were it even preen .:ari
tittle guardian of the person and property of the young
should still doubt its policy or expedieneio'calee vuring the minority of 'the latter. An account of the Bei-
tures require protection to nurse and e..1,00,,i,,' Prince Edward, during the minority of Earl Robert,
'ancy; the supplies they, afford it may llctiiiht du"' be produced in which mention was made of the receipt
iure for home consumption, and their gr, a' kike.,e,s and customs at Liverpool as "tolls, stallage, and pas-
rd a reasonable prospect of a change t'jittliaten,L When Robert, Earl of Derby, became of age, he
mate competition with the productions °I " lieert fit to join Simon de Montfort in a rebellion against
under such circumstances are we to adoP,be the e.Y. 111., upon which all his property was confiscated, and
in
principle, and at once extinguish adopt
kris"dulg conveyed his estates to his youugest son, Prince Ed-
,n sense say no? But let us go a little fa., fat ,-,' Who was created Earl of Lancaster. After the death of
commerce, whether external or internah_l,f, kaerluce, an inquisitio post mortem was held, as was then cus-
luctive labour through the convenient In't va,tY, to ascertain what lands and manors, with their value,
i we sell the fruits of ours to the Foreigne_, otherthe Property of the deceased; and the jury found, among
t benefitted, hut in receiving his in ma? ea 8' that he had Liverpool, whose tolls, &c. were then va-
t is conferred on him. So -far the
.print' ',III at £lO a-year. Edmund, Earl of Lancaster, left a sou
the first instance we can exchange the tieoel7aa, to whom the property descended, and on whose death
with our fellow-subject, and preffiete his,k i,terY, Earl of Lancaster, succeeded. The county of Lan-
our own by doing so, is not this a'doll°:
.tateawas then made a county paltatine, and Henry was
advantage, whereby both will be better ea-f ise 's Duke of Lancaster. Henry left three daughters,
it national duties, and bear their shares '°o tarePtugest of whom (Blanche) had for her dowry several
rthens, to which the Foreigner does not of
e
~Ares and possessions, among which was Liverpool. One
ly is also sound doctrine ; but it does nail that ed John of Gaunt, who then became possessed of all
1 that beneficial Foreign trade can on Ineke Property, and the Duchy of Lancaster had certain privi-
id supported by, internal prosperity.;co,o4 elluveyed to it, which at present existed, and which, no
created by the interchange of the p
.Aof ot, the jury were aware of. John of Gaunt was the father
industry, that affords a surplus to beeriela,,,ttlY IV. and, from the accession of Henry IV.' to the
hase of' those articles of Foreign proau,coir f, the title of Duke of Lancaster had vested in the crown.
ust be received in payment for nearly the:ollikt tahules Scarlett quoted several documents in order to show,
manufactures; and without such, a °oo,:ia Le Port of Liverpool belonged to the town of Liverpool,
• sale and consumption, the export trade.„l.4l4lrt •e adverted to a singular fact, that was omitted by all
t then the home-trade the basis of the Foy
taAtl4atiane, though it is recorded in the Exchequer, that men
ome-market therefore the more safe, ce ralkf Attas used to be sent to Liverpool to be shipped to Ireland
f the two ?—if, so, it follows that it is our k,„7 ales. Henry 11. used to send expeditions of men and
astit tithe Liverpool and Chester. Edward the Third sent his
. .
the present; my next is intended to exial4 th the different ports,—Liverpool among the rest,—requir-
inciples on which our present corn 1. ,a"' prod mto detain ships in order that they might be furnished
grounds on which Mr. Booth rests lus,,Nl.4(ll:iltped to proceed to Scotland and assist in quelling the
.
. repeal, and the substitution of a free !,.1/,, 11 in that country. The writ was sent to the. Bailiffs of
of life.—l am, yours, &c. 415 1t124."1, who were supposed to have control over the port.
1833. MERCAT`' Pi_ersjet,4 , Henry the Sixth granted a lease of the port to a
'4e4Ri.„ ' With all the profits and commodities to the same be-
t tit 7, save-and except the prisage of wines." The reserved
44 the 4' £2l a-year. Edward the Fourth also granted a lease
17 to to
,TOR OF THE LIVERPOOL STANDAR,' 46.gethe Iva of I,itherpoole, (Liverpool being then so spelt,)
on, in its notices to correspondents, thigce•-od belt with " all dues,. customs, and liberties anciently due
style the ringing of the bells to annona4tltia:liging," for twelve years, at £l4 sterling. The property
large the result of the town's dues' que'o Oiled in the crown, subject to the same mode of leasing,
' Is the writer aware that every rate-•p „,e time of Charles the First. Many of those leases had
ited in this result, as would soon have 0,1 titeattauted to the ancient family of Molyneux, Earls of
it cost, had the decision been a different 0,4,4 IF•' who were anciently the King's Bailiffs of Liverpool.
Pipe
assessed at their full amount to the 13,,i,s4tiet,`,, the King, having occasion for money, granted a
his year contributed £6OOO : to raise this 'or!, 49f posessious and, among them, was a lease of Liver-
oners, as must have been done had theotastee: ,tallage, toll's, and customs, to Ditchfield and others, as
r cause, would have entailed on everY,lll,Yse t for the Corporation of London, by whom it was con-
ime forth, an addition to the poor-rate of , Live t 0 the family of Molyneux. In 1777, the Corporation of
east. Knowing these facts, I for one voll.teli°l, who had obtained a long lease from Lord Molyneux,
to hear the merry peal strike up on SatlWe ,leasedt the reversion for, we -believe, £17,000. That was
ry possible that many, who now learn tblic,"(att esit'lee of the title of the Corporation. It is not more
.y agree with me in opinion, rather than C 441 It Y or sixty years since persons could recollect Liver-
le &c. ,114'. La Mere fishing town. Lord Erskine, when he went
33. A PARISHIONx'r Old titgeaater to defend the rights of the Corporation,
Ire at '
iih, an he he had seen Liverpool at an early period of his
vett at the hand
astonished at seeing forty years afterwards
tie Companies, the Corporation of Lin k Heil "and of improvement had done. The tolls, in the time
Owners of Vessels and other property. igs certY VIII. and of Elizabeth hardly exceeded £3O, which
The want of an effectual plan in large t° veep l'kc'tation paid for them. It was not until the time of
ass of a fire in crowded as well as detect 'ta.. rat, ,uhe that the Corporation, having expended its re-
vessels at sea, has long been a subject °, t',lelts :4 improving the town, solicited an act for building
ffering, loss of property and valuable live,„, the'„,nd from that period might be dated time improvement
it to need an attempt at proof. "A 7 '),,,ti,!0"21, SO that the tolls that then did not amount to £2OO
nine," is the rule of all economists, an l!tiesei ',llnt to a very considerable sum indeed. The learned
a will justify an attempt in endeavour,' yds, 1,,,,,`"11 recapitulated a variety of leases, showing their pe-
t the most important point—which I ara°o ratief; Whom granted, and the payment of rents by the Cor-
shed, and which will he acknowledged ° 'eery e 0,1 Liverpool. He then proceeded to state, that, from
fficient cheap, simple, and practicableZ, fratoo4.ty period, it had been the practice of the Corporation
regretted such ranges of buildings as tii I) the L'uYslaws, imposing fines on all foreigners trading there.
~ the Exchange, our fine Custom-house, Jed, (A)ooks of the Corporation, as far back as any books ex-
places where there is so much valuable, '4l 4,,Qlleen Elizabeth's reign,) it appeared that the Corpora-
nd hour in danger of this devouring elegy .ete Pointed an officer to collect the dues, and to account to
ingle moment without its adoption. Pit, Rte4l;-,tbe amount. The very tolls now claimed were, in the
the means of saving property and lives i 14 IFZlleen Elizabeth, very trifling.
The plan is on sale, see advertiseinem yi, 16-4".; they were £22 0 0
,ere is not a shadow of doubt as to its l' 11.5 • 23 2 4
entlemen, Yours, &c. ;I 161- l3 10 .0
53 16 3
1720
1729 -(after the first docks were built,), 425 00 .
`
•.. • 581 0 0

U LATE BELL-RINGING.

. -
, ,_
.
.
.
.
THE LIVERPOOL STANDAP,I). 205
.
..
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_ . .. _ .
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~_. . . .
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very near barilla, and then he put the same rate upon one as
.
.
' LIVERPOOL TOWN DUES. In the four succeeding years, £1,163, £1,138, £2,162, £2,999. he spoke of was all in the docks, which were managed by a
irious consequences—it is as follows ;a - In 1780 . £ 4,479 dock company. The docks were raised by money borrowed on had been paid upon the other, viz. Is. per ton. Paper was
_
Flange and innovation appears to rest '
COURT OF KING'S BENCH.—THURSDAY.- 1790 . 10,440 the tolls, and he was not aware that the Corporation had ad- sometimes imported from Leghorn in bundles ; the rate upon
it if we were to withdraw all protectie' - Int is
action b 1801 . 19,72.8 - vanced a single sixpence towards them. 1 hey principally that was Id. per bundle. He knew the house of Jones, Mann,
AYOR AND CORPORATION OF LIVERPOOL, v. BOLTON 1810 .
generally to all foreign productions, our 2,
is air. p AND OTHERS. 1820 .
7ould be willingly taken in payment e otLETe opposed the case by stating, that this was an And from that period the amount continued to increase to its Re_examined.—Liverpool had been very much improved•
2 ther the dock dues were only 4s. 6d. on that article. The Cour-
tin amount of such importations. 1 " Pool, tor°l,ll
~. *ere not liable.
ght by the Mavor, Bailiffs, and Burgesses of Liver- present extent, viz., £49,000, and £50,000. During the same the streets had been greatly widened, which much facilitated mon Council appointed the auditor of witness's accounts. The
merceao,ecover certain thlls from the defendants, who were period, the Corporation had ex.pended large sums in improve- the business of the port. A vast sum of money was expended ; £4 that was retained was a charge upon madder-roots. Such
cans to prepose as a condition, that this' '
Di they Ls of that town. The defendants had pleaded, that ments. He would not take Into account what the docks had he could not say how much. roots came in small bales from the Mediterranean. Mr. 80l-
Such a proposition is in itself incapa cost; but, Since 1773, the Corporation had expended, in open- Mr, Guiball, a clerk in the Customs, was bons in Liverpool, ton had himself, from time to time, adniitted, that he was the
err e,
id would be in the teeth of all his theorie
e, "unser "Rs ScAkeeee said, he had the honour to appear as ing and widening the streets, £632,549, and adding that to the and was clerk to Mr. Clement, customer of the port, son of Mr. exporter and the importer of the goods-in question, but refused
sill be a voluntary act on the part of ,r, ssuget t f°r the Mayor and Corporation of Liverpool., who expense of building gaols, free-schools, infirmaries, markets, Clement, collector of the town's dues. Sometimes he took the to pay. the tolls, for the purpose of trying the question. Did not-
len th t - f h
y e correc ness o sue an asser .
toe weed e? recover certain tolls which had been received, as he and other public -buildings, they formed an aggregate of dues at his request. Remembered Mr. Rushton, who was clerk know in which dock any of the goods were sanded. Witness
0 seldom ,
ow from the most ancient period, and which had but £1,168,666, in improving the town. All that money was, by. to the receiver, who had been dead many years. Remembered had been in the Common Council of Liverpool since 1811. ;
against it, and that is our only safe g seem been disputed, but when "disputed had received the means of the tolls, now in dispute. The treasurer's accounts a brass plate of the rates, and also a hook of the rates ; the The Corporation had been at great expense in building
ie foreigner can buy what he wants orlY respecutaTuction of the law. The defendants, who were most would show that the tolls had been received, and not disputed, book was a copy of the brass plate as far as it went, but when churches, of all of which the presentation was in the Corpora- .
ahe can elsewhere, we shall be sure of ld Proper le American merchants, had, however, thought for the last 130 years, except in one remarkable instance. Cer- new goods were imported, then they were added. While he Lion, the sittinge_of which they let, supporting all the eStablish-
eei we to set the plaintiffs once more to Drove their title If it tain Cor orations b their charters were exempted from pay- was in the office, tanners' waste began to be im orted and he ~
r ; but if he can purchase what he rev re T,,,,..._• „ • . . .
th Pt11"1,"y 11—, -fR" 11, 1 h • d b 1 •I' ' d 1 MentS. , .
i the i,,-...nitted to any advocate to mix up a personal feeling In ing --ose -0--s in -everpoo.: .or instance, o. _risto , om on, was present wen it was agree etween tre importer an_ Lie By Sir J. SCARLETT.—Had had complaints ,on the heavy • -' e
. other markets, he will take our monele IvhjelTeSlS of his clients, he must express the great interest Lancaster, and one or two in Ireland. The Corporation of receiver, that the dues should be fixed at 3d. a ton. Witness dues -demanded on the importation of munjeet. Mr. Bo.toa ',% '
;ayment for such as we receive from hie', lle ea,:e felt in the prosperity of the Corporation of Liverpool. Liverpool claim the right to exact tolls from the freemen of recollected a man refusing to pay dues on cattle from Ireland; had always paid the ,duty up to 1830. Fire-bricks had been -
s lode .
, bted to the county of Lancaster for the p.ossession those boroughs who were non-resident in the jurisdietion of the due was a penny a head, and it was not named on the brass
Ind every day's experience, in even the (4, °:• his e imported and exported to and from Liverpool, but witness dist
r s,onse e'st Professional hopes ; there he was cradled in profes- their own corporation. The city of London, in 1791, insisted plate_ ; on the plate is e a penny per hide," but it did not say not know the difference between their value aud common
ife, tends to confirm it.---I beg to refcro the eteteWledge, and he Was indebted to that Corporation for that their non-resident freemen had right of trading there, from whether alive or dead. (Laughter.) A head of cattle was
. bricks. •,: e
is, that must live in his recollection as %I therek„ unef which he ever held in that county. He should, the tolls. An action was tried, and the right of Liverpool was distrained, and the duty was then instantly paid. That was in By a Juror—Canes paid a duty of 2d. a thousand, should - .
eficiency in our crops was necessarily fog he sleeT4 reflect with peculiar pleasure, if, upon this occasion, so completely established by the verdict, that many other Per- 1793 or 1794. Witness had seen the list of articles which Mr. also charge the same upon bamboos.
ions of foreign corn ; and then to asks feeble ee` contribute to uphold their interests,ltnowing that his sons wfio bad withheld payment of' the tolls immediately paid Bolton refused to pay dues upon, but as long as witness could Joseph Molesdale, examined by Mr. Pottocx.—Was princi-
ert that these were paid for by an ill ,d Eralcitic:Trts were exerted in assisting his late friend Lord up all their arrears. This was the case on thepart of the plains remember thee had been paid. Frodsham was betweeu Runcorn pal coast officer at Runcorn. Remembered the slate Mr.
ufactures ? Ido not hesitate to say, c seen (listie,„'Sla asserting their rights, He Telt, also, greatly for the tiffs, and he heped that the jury would not, by their verdict, and Warrington ; the port of Liverpool extended to Warring- Lemeete the receiver of the dock and town's dues for Liver-
s proof to the contrary. After exhaustive
A& tif le4tshed improvement which had taken place in the port overset an ancient custom, and one that had conferred so great ton-bridge. Salt laden at Frodsham paid the town's dues at pool at Runcorn. Had been frequently with him when lie had
Le lialance, arising from our general tra-, Mere -Pool, and its advancement in every species of corn- a benefit on commerce as this would be proved to have done. Liverpool ; witness Saw them paid in 1194, when he went there calcarated the town'edues, and received them. A person named
anis the payment for these importatioel It is; until, with rapid strides, it rivalled the metropolis itself. The teamed counsel then called after a vessel which was expected would evade the dues ; h
see, Jones was the present receiver. Witness did not k.now whether
wen paid for in the, precious metals, a''' Nee °et more th ceistury since the Corporation com- Mr. Kingsworth, who had formerly been deputv-keeper of the however, paid and sailed. Upon saltpetre there was a due of a Mr. Bolton had auy goods landed at Runcorn as it wis not hie
ss eet . an a
those who may. doubt, refer to the state, to th making those improvements which had progressed records in the Tower, but who was now a translator of ancient penny per bag. business to euquire the name of the owner of 'the goods.
P e ar
iring these.periods as furnished by thea world i„esent day, In comparison with every other part of the records, who proceeded to prove the different ancient documents Cross-exammed.—When he went to Frod.sham, he only went Mr. Foster, examined by Sir JAMES SCARLETT.—Since the
o the invariable fall in the rates of Excer 'les "'le port of Liverpool was distinguished by the cheap- which the learned counsel had alluded to in his address to the, to watch the vessel to see if she meant to leave the port without death of Mr. Statham, had been appointed Town-clerk. There
10 I', de
any, and the North of Eurepe, from wt. a theuekspatch, and facilities afforded to commerce, and jury. payment of the town's dues. He went. be order of Mr. James was a court of passage in Liverpool, of which the ;ledge was
°reign grain have been chiefly draive:d "elle' lu London, and almost every other port, the duties on Sir. Okill Produced a varietY of hooks, in which, for a great Clements. Witness was then iu the Customs, at Liverpool. the Mayor ; all sorts of causes were tried there. Wittiess had
will find enough to satisfy them that s I",' bad heeree had last year decreased, yet in Liverpool, the result many years back, there were entries of the appointment of tree- The book of rates of town's dues • contained a great many arti- acted as coroner for the borough, and had sat on bodies taken"
rot then delude ourselves by entertaining I
-are, \e,,..1 -the other way. It was known, that, in that port, a surbrs and collectors of town dues, and of the auditing of th -''' ,cles not on the brass plate. 011 e item, "COastels, anchorage up ou the Cheshire side of the river, Had never semmoned
s, nor permit them to induce us to malietl in 4 , eat India Ship could enter, discharge her cargo, take treasurer's accounts. • 15.," was a due on any coasters anchoring. Vessels from a juries from Runcorn ; they were alWays summoned -froth- the
nents, by withdrawing protection froia eof feentwasd_bound one, and leave the port, in the short space Cross-examined.—He could not tell hew many docks there foreign port, anchoring, paid ls- 3d; but a foreign vessel paid Borough. The writs in the Courteof •esassage were 'executed
facture that may still 1 equit e it—for theF beet, "lays. In no other part of the world had so much money were at Liverpool. Nearly all vessels an iving there unloaded Is. 6d. - Those sums had been collected in the same Ivey as the alt over the waters of the Mersey, Warriegton and Frodshans
ibject, as I may probab y have again °cc'', thoues"Pended in affording facilities to commerce, and al- in the docks, but some small vessels, such as Welsh schuyes, other town's dues. There is no similar charg.o on vest;els going Bridge and the Red-house. liedelatoss-n persons frequently
en I come to consider Mr. Booth's ;was" 1)(>01'3u the time might arrive when the Corporation of Liver- unloaded on the shore. The shore is dry at low water, and at outward. Witness remembered only two aduitional erticles int- arreste'd on the river, and had himself arrested persens at the
°positions for, a free trade in corn. . zeal Puld decay or be crushed by the hand of violence, high water witness could not say how deep the water was. No ported since he was in the Custom-house, viz., tao'ners' waste extremity of the river who wererunning aWay. . . •
areining these propositions, I must ad - gseet,Would loni be remembered for its public spirit aud the ' foreign produce was discharged there. It was no part of wit- and tincal, an article used in glasing•earthenwarse He could By Mir. Sergeant WILDE.-411ad ptherscherters. -than those
irvations on the Trade with China,. bee, R'erdetits which had been derived from its exertions. The nesses duty to iuterfere with the business of the doclss. not tell upon what principle 3d. eer ton was fixed upon tincal ; which had been 'du el '' ' .'e • •
pio cc ; ~ , . •s.
..
übject -of complaint. It must be obvi'' losee n°lv sought to be recovered, had been received as long Mr. John Sudlow, belonging to the treasurer's office, Liver- he was ordered to charge it. rhe same epplied to tanners"rhis closed the case for the pleintiff. " - e.,..e,e'i:7' le"
person, that the restrictions to which, be eas human memory could reach, if parole evidence could pool, said, he had been there seventeen years. The treasurer waste, but he supposed it was upon a principle of value ot• the By Mr. Sergeant WILLA then rose to additesgthe jury on /
,o been subject are very dissimilar ill he c„eP,elieled upon ;if he wished other evidence, other evidence was always in the habit of keeping books o.f receipts and expel- article. A box ot gold, only a cubic foot in size, worth El,OOO, he behalf of the defendants • previous, however, ties- which the ....
Ito those others, on which this gentle, teeei'n'd show, by the Corporation books, that they had been diture, and they had been regularly audited every year. The should charge with only Id. He should only charge on a box ofdry. learned counsel submitted 'to the learned judge, whether the 'se
id. Ile has discussed such branches ca. iiieh ved ever since the reign of Elizabeth, and if he wanted first receipt-book in his office was dated 1721, when Mr. Tref- goods (including all such goods as even gold) a penny, excepting evidence which had en produced by the plaintiffs was suffi-
anufacture as it has been deemed exp , 114er authorfty, he could trace it to the time of Henry V I
• 1-1, ford was treasurer. He produced that book, in which were en- boxes of candls, which were charged less being of less value cient to maintain th casese in court,. the deeds which had been eaee
weign invasion, or that have now reaell 3
-00 Vle Henry IV., Edward 111., Edward 1., and King tries of receipts and customs. They were generally eudited and Witness found the rates there, and why they were so fixed put in clearly not '
.•
,g the property into the possession of ss:
'il• •
I are competent to protect themselves; beet-- lie believed, that so clear a deduction of title had never signed by members of the Common Council. The treasurer he coeld not tell. The witness was questionecfas to the reasons the Corporation of Liv %tat* .
,ma is not a question to which the Fore') eseemade before a jury. In point of magnitude this was the was usually a member of the Common Council. The entries of charges apparently disproportionate being made upon vari- The Lotto CHIEF JUgTICS Said, that he would take a note of 10
one between a privileged body of our fe se iteeost cause ever tried in this court, and the great importence in that book were not signed by Mr. Trafford. ous articles, lout all he could say was, that as he found the dues, the learned.serjeant's objectiolCellut in his charge to the jury ses
public at large. The claims of the East,' If th' the public equally claimed the attention of the jury. - . A so he charged them; he couldnot tell any specific principx he should tell them, that if there. wae• a right to tolls, that rigtie'
DE objected to the book bein receive
Mr. nergeant Wm . g . .
at to come under the consideration of r. ex e plaintiffs shoutd be defeated, the public must no longer `-`, upon which the charges were founded. The only instance of was in the Corporation. -,' . ...
tr elect t
incy of British commerce, extensive na 14 he continuance of those improvements in the port of as the entries proposed to be read were not siened by the tree- , . , • ia.
li. lf - e 1 etusal was in the case of the cattle. He distraiued one head Mr. Serjeant WILDE then proceeded to address the jury. se'
surer rinse .
-,. . ,
s the trade with India and China, was be he pool which the increasing demands of the port required. . for the pence upon forty or fifty. The cote t and jury had been occupied & day and a helf with tho ke, • ,s-:
Sir JAMES SCARLETT said, the book was found in the tree-
eital of private individuals ;it was the ' „ earrled counsel then proposed to class his evidence, first, Re-examined.—l 1 h h li. lf • I • ir •
n genera ,t e merc ant came. arise wit i case of the plaintifis, without a single allusion havingheen made 14
provni surer's office and contained entries of business done in that •
•to encourage and induce numerous e'. e s g the title of the Corporation to exact the tolls from a slip of paper, containing a list of the articles, with the rates to any point that was -material to the defendant. die believed .
d t t' He submitted that it was evidence that ou ht to
epar men . g •
S into compamee, and embark in such 0 ceost ancient times; and then to show the nature of that attached to each. The question of rates upon articles of new that the defendant had a perfect good answer to-eher case. The
be received.
;rant to them the protection of exclusive,' sse'te!!! was claimed under the title. Those he would prove by • importation was generally arranged with the merchants, and Corporation of Liverpool received £5O 000 a-yet.e. through the
- •
el periods ; and such was the origin a' eire'la and parole evidence. First, as to the title. The His or sip said the account appeared to be the account . •
L d li• • 1 ted 1 • 11 tth t th • • ' • ' •
assimi a ,as pear yas possi e, o era es upon some o er medium of those tolls, and they did not spend Is. to,eflord con-
bet Ten Mr, Traffre:d and the C ation and it was in evi-
orpor
iese motives have long. since ceased tedeeetswere aware, that, in ancient times, a greater portion of the articles. venience for the very parties-upon whom the tolls 5i,64 levied.
d w that Mr Tr fford as tr He' thouo•ht, therefore
ence . a . w easurer. , .
ending, these exclusive privileges have rel'• its °f England were in the possession of the crown, who , By Mr. KELLY, (for defendant.)—lron, in bars, pays 6d. a It was nue that they had irnproved the town, but ou '.. hird of
that it must b .
e received
iberally renewed for additional periods Os g,tsed -dues o ' t and exports at pleasure. In pro- • ton outwards, and copper, in rods, pays but 3d. a ton outwards. it was their own. It was truetletth hdb•l h h b t
a ey a tre c urc es, u •
t," 88 _c . n impel' s Various items were then read under date of 1721, of receipts T
,any. The time is now at hand wheo ,ts • '.ll time those ports were conveyed, in some instances , • . he Iron was worth £.6 a ton, and copper about £9O a ton. it was equally true that they appointed their own sons to
th 'udivi ' ' cl h 0 h
' of town s duties trom the officer who collecte t em. t er --
ard as regards the China Trade, as th si , duals, along with the right to collect those dues. In • , Su-JAMES SCARLETT then put in several acts of Parliament. be ministers of those churches. It was true that they had wi-
newed, the trade must then be opened t'etle,early periods, it was the practice of the crown to farm out d h • th t f those d o subse-
items were renales
.owing e paymen o ues n , = That of the Bth of Anne was for making a wet dock, or basin, dened the streets, but who ever heard of that being necessaiy
:Intil that period arrives, it must be 01)Si os ie, Ports, particularly by King John, who farmed to the Society quziart years t . 829 _ dat Liverpool, and empewering the Corporation to impose a duty for the improvement of a port ? Now, with respect to the grants
erchant can engage in it, and it is equ e 1:14:w-bards the tolls of many pens, that of Liverpool among
col
o -exammed.—Had no entry in the book under the wor • - •
" 11 s'
but 11 f the r 1 t' t this b• t were called on shipping, and appointing trustees of the dock to make by- upon which the whole case rested, he (the learned counsel) .-de- -
el' has the power of doing so, to whie" ily tLseeThat continued until the reign of William the Conqueror. to s, s
_nesse o_____
am e a ing_ee
~ . sut
jseLd out ates," laws. It reserved to the Corporation all the rights, franchises, nied it to be in the power of the King to grant t.olls unless such
" town'e d ." Whdt were call d Inge e
2rprising arrangements, the East India Illie rze, 'doomsday Book it appeared that Roger Poictop held from g and liberties which they had before enjoyed. The Bth Geo. 111. grant would confer a benefit on his subjects. The present toll
were tolls on carts an waggons,
ay for him. ,4114,1„-ing all lands between the rivers Ribble and Mersey, which d o h e been in 1721 £479, (1768), which was an act for eonstructing the Leeds and Liver- was clearly nothing else but a toll thorough, which could en- .
:his letter, I must venture to notice as'keepert Liverpool. King Henry 11. granted the town of Liver- The annual amount appeare
.t
.av_
___ s p.ool Chnal, expressly recognized and reserved to the Corpora- dure only as loug a benefit existed. The private acts of Par-
and it gradually increased, until, in 1829, ft amoeut
' ed to
itiou, put forward by Mr. Booth, as al,Arose 'clone Fitzwarren, who afterwards exchanged with the King tion " all their rights, franchises, liberties, town's tolls, and liament which had been put in were no more evidence of the
£47 000.
usive, but which I confess I ameither too °,,,11ie e-71r.ne other lands. Henry 111. granted a charter to the town, , , town's customs " which they had before enjoyed. The 39th plaintiffs' title than if they had been blank loaner. In the rei ri.
lch Mr. audlow then produced the book of Mr. Lawrence Spen.
too ignorant to concur in. He says 00 ellen , amOng other things, were included ell " right and due Geo. 111. (1719'), which was-for makine two ailditional docks - • " • g
e -, of Anne, the harbour of Liverpool not being sufficient to ac-
cer, the town's dues collector. -
" •
se forgotten that a certain amount of e ' /kerma." It gave the right of all foreigners to trade there un- gave eower• to the Liverpool Water-bailiff to remove all vessels commodate the trade, the Corpoiation did not enlarge the har-
lig est Mr Brooks stated that he was clerk to Mr. Spencer who
,re bentficially employed in manufacturedds th ed by the King; and in the same reign, the King farmed ' in an improper or dangerous situation to a safe place within boor themselves, but applied to Parliament, with whom they
t. 11' rof o 's d and to Mr. HaLmer
,tion, in lieu of one imported, than ill wealesee C”orporation of Liverpool all dues at a rental of £lO a- uwg.es alt on.e met ceoffieeecto
notthwrnt• aes'li h d bh i the harbour. • made a bargain, that a certain portion of the public um-
:rated ' article for home-consumption." „,,,ailee rlenry 111. afterwards granted all the lands between the ' VaB ml •at a. e
,ime. e a seen ot o
John Moss had lived in Liverpool forty-seven years, and had ney should' be expended in the erection of a dock, they
,e, that in other, but plainer words, he 'epthsee °sand the Mersey to Renald, Earl of Chester who had d The Hector was
those gent emen receive the. town_e ues._ co
e, been acquainted with the Custom-house since 1786. He was
generally a principal officer He the Custom-house, d the tow giving security for the amount on their tolls. 'Were the
ould at once abandon the manufacture eed'esse uae,,,ehters, the youngest of whom married William de anl
ared out cia formerly clerk to Mr. John Brown, commission-merchant. Mr. Corporation of Liverpeol, therefore, who would not give
are now protected, whatever may he
ci ONO, Earl of Derby; (that family did not derive their title dues were paid
_aat the seme time when
epartsnoenss
_e e Bisort wee' Conneeted 'with 'the Insh teede, West India Heide, the public that accommodation they wanted, but which weir
obable consequences of doing so, aa.eitt wuerhy, in the county of that name, but from the hundred enteredea vessel t the Cu.stom-heese.__Wi s -
had'been clerk
and other trades. Witness's duty was to attend to the entries given at the public expense, now -to reap the benefits of the
le Foreigner alone, but with the unpract,l.o bee Sst Derby in the county of Lancaster.) The Earl of in the Custom-house in Liverpool tor fifty:severs years. A brass
of goods at the Custom-house. Mr. Brown was a freeman, but outlay of public money ? The thing was in itself monstrous.
rto 'take other manufactures of ours =hie; teas e„'Y died, lea.ving his sou Robert a minor; and Henry 111., plate, (now produced,) on which was an insctluazlatin t
h g ° he did very little business on his own account. He paid no , Ilis learned friend had said, that if the present tolls were put a
.o such condition can be made, I m4%11044'8 the custom of °those times, appoiuted his eldest son Ed- tir meipt of trn's dues, was hung pp in h
1776. Them-oarttl7li. dues for his own business, but he,did for all other goods, Wit- ' stop to, the improvement of Liverpool would be at au end. If
re is the answer ; but were it even practl P e
:41 111- guardian of the person and property of the young •
e - seen tter e plate theereeenver smetet
the CheshireP coast, ness had known of no alteration of the rates except upon coals, it was proper that Liverpool should be improved at the expense
mould still doubt its policy or expediencieeelets
o,uring the minority of 'the latter. .An account of the Bar- Liverepeoiieset
ands from th _Rr d osesi, o which was charged originally 3d. a chaldron, but now it was 2d. of the public, he shouid sky, let it be done by act of Par-
Hes require protection to nurse and e Stowe' Prince Edward, during the minority of Earl Robert, tehth .1d bble, nd op the Me sey as g
h has Warrington-brid e.
h the ' royementgof a ton, That alteration was rather in favour of the merchant. liament, but don't improve it by taxing the public in the man-
scy; the supplies thee afford it may heeler ee"' be produced in which mention was made of the receipt 'I e wetne,s)s waisv then reqn d
19the tcloids 17 • •nnarhe followin Cross-examined.—Wituess had imported gold and silver. He ner they had been taxed at Liverpool. He (the teamed coun-
re for home consumption, and their gr:e iskeee,' and customs at Liverpool as " tolls, stallage, and pas- the trade fe L erpool, se ne. _ y gon gn
..n
.11
__we
e believed both gold and silver were imp.orted free of the dues. set) thought that £50,000 a-year was rather too good pas, for
1 a reasonable prospect of a change el'erthst, When Robert, Earl of Derby, became of age, he items of the Customs' receipts m that port, commi3se7iof; il7 A barrel ofear is 2d. inwards,.but florir is worth more than tar.
ght •
ate competition with the productions °, ifeer ,ht to join Simon de Montfort in a rebellion against In 1733 doing nothing. He never saw a toll so cunningly exacted as
Re-examined —Gold and silver either in bars or coin are
1750
.1,
ruler such circumstances are we to ado Pee the e.Y. 'II., upon which all his property was confiscated, and 1755 - than instantly a man with a large brass plate of office appeared
• principle, and at once extinguish ; e •‘,ll
-IN' g conveyed his estates to his youngest son, Prince Ed-
. 1760
sense say no ? But let us go a little file that .
who was created Earl of Lancaster. After the death of Mr. Guibell was recalled, and stated that the town's dues tra t' th
nsac ion at people were off their guard, or if not, they
11. Pri 1765
ommerce, whether external or interne es, lea uce, an inquisitio post mortem was held, as was then cus-
-1770
ictive labour through the convenient 107 veerY, to ascertain what lands and manors, with their value,
1775 96,159 • Mr. lohn Potter, bookkeeper, sixty-three years old, was ac-
quainted with the Customhouse business since his apprentice- (He should be very sorry to recbmmend any gentleman to assert •
.ve sell the fruits of ours to the Foreigrrese etterthe Property of the deceased; and the jury found, among
1780
benefitted, but in receiving his in re? ~
s 8, that Ise had Liverpool, whose tolls, &c. were then va-
-1785.. .
is conferred on him. So far the .prino ,_l'l,„„est £lO a-year. Edmund, Earl of Lancaster, left a sou then. He had for many years transacted the Customhouse bu by
1795 w-suit, if they refused to paey them.
.he first instauee we can exchange the !lee-'4ll, to whom the property descended, and on whose death f siness. He had always paid the town's dues on all goods not It was said that Mr. Bolton had paid the dues up to 18... V ; that
That decrease though ten years had passed, was the result o
eith our fellow-subject, and prohaote hist% seer,,Y, Earl of Lancaster, succeeded. The county of Lan- • ' - hb ki f h the property of freemen. He never knew of any changes in was true, and so he probably would up to this hour, had he not
the ado tion of the bonded system on t e rea - ng out o t e war.
air own hy doing so, is not this a'doll'' ''
2 esreewas then made a county paltatine, and Henry was
Pln 1800 - • re
L . 1,320 the dues hut upon tallow, which was reduced from 3d. to Ide heard that a neighbour was carrying on Isis trade without pay-
dvantage, whereby both will be bettei el'-f the ,e' bake of Lancaster. Henry left three daughters, 1805 1,468,063 horse hides from Id. to id., and a slight alteration in coals. ing a single toil, and all because the Corporation had chosen
- national duties, and bear their shares's; eseungest of whom (Blanche) had for her dowry several 1810
. to make him a freeman. The learned counsel then contended,
hens, to which the Foreigner does not cat e e
sates alld possessions, among which was Liverpohl. One 1815
r is also sound doctrine ; but it does ne,„thst 'ed John of Gaunt, who then became possessed of all
1820
that beneficial Fereign trade can 001/lakeProperty, and the Duchy of Lancaster had certain privi- .10 1e95. In 1797 was apprenticed to Mr. 'Worthington, and had
That redu •
ction was occasioned by the transfer of the recei t of deavoured to get from some of the witnesses some information
1 supported by, internal prosperityeroeJ
is 4esteconveyed to it, which at present existed, and which, no duties bl toba • offee and eer from the us-
paya e o.n cco, c , ppp , ever since been connected with mercantile business. In trans- about the Corporation but it appeared they had left their memo-
ireated by the interchange of the p
...est le, the jury were aware of. John of Gaunt was the father to acting business at the Customhouse, he always paid the town's ries behind them; andto ask them about their docks or Corpora-
s to the Excise
ndustry, that affords a surp.lus to '
1) seit•ke c°rY IV. and, from the accession of Henry IV.' to the m - •
In 1824 £1,660,971 dues except upon freemen's goods. He had exported slates tiou was to them like an attack of the cholera. (Laughter.) One
:hese of those articles of Foreign produecelhe f, the tide of Duke of Lancaster had vested in the crown. from Runcorn, which was in the port of Liverpoel, and he paid
1826
st be received in payment for nearly theed list allies Scarlett quoted several documents in order to show, town's dues MI them. Mr. Worthington had the llerculaneum
0 k tee 1827
manufactures; and without such a eoeis L Port of Liverpool belonged to the town Of Liverpool, 1828
sale and consumption, the export tradeeeet `.`e adverted to a singular fact, that was omitted by all pottery paid the town's dUes. mous charge as £8 upon an article, the whole business, re-
-1829
then the home-trade the basis of the For"..An
irp -eat'ans, though it is recorded in the Exchequer, that men 1830 . " 3,333,473 Cross-examined. —Runcorn wes in Cheshire. If by any satins,
e, to which had been done by the Dock Company for
me-market therefore the more safe, ee 401444 -12."15 used to be sent to Liverpool to be shipped to Ireland 1831 - - oversight the town's dues were not paid, the receiver told him 4s. 6,1.? The learned counsel said, he would next advert to
the two ?es-if, so, it follows that it is out ~,,,37 ales. Henry 11. used to send expeditions of men and 1832
00" tit terom Liverpool and Chester. Edward the Third sent his Mr William Ha es.—Was a merchant at Frodsham for 30 that the toll was well founded and then h d 1
, . e contende , that 1
• •
he present; my next is intended to eeaeliN - th
th -e different ports,—Liverpool among the rest,—requir- Cross-examined.--Witness remembered on one occasion tbe • .
y• I - 'cl d b • with. th •
years. Frodsham uas a ways corm ere as eing . In e he could shou
• that the consideration for the toll had been with-
having collection of the town's dues refused to pass the
scipks on which our present corn lew ealel era to detain ships in order that they might be furnished pr.
port of Liverpool. Witness, and his father before him, had drawn, the toll was uo longer payable. -The act of Anne ro-
e leis for the customs unless the town's dues were paid.
grounds on which Mr. Booth rests le ' 're
- sgoi -b NniPped d t Scotland and assist, in quelling the t always paid the town's dues. Frodsham was higher pp than
s , eh° to procce o .
They were then in dispute. Mr. Hamner had done so once. cited, that whereas great danger and loss of life and property
repeal, and the substitution of a free e
I Isere 4ln that country. The writ was sent to the Bailiffs of , Runcorn, and on the river Weaver, which fell into the MerseY• had accrued to ships and crews going-to Liverpoolestrom the
l'he e w r man articles on which town dues were demanded
r e e y
of life.—l am, yours, &c. nfl, tl teooli who were supposed to have control over the port. The town's dues payable up the Mersey were paid at Liverpool want of convenience, and the- want of buoys•and landmarks;
[833. MERCArre• A
eetso4l,,, Henry the Sixth granted a lease of the port to a d h b l• • h t
that were not enumerate on t e rass
.p ate . on t ose no
firevious to 1818, but in that year a receiver was appointed at and it provided that, in consideration of a certain toll upon the
'°lle-,," " with all the fit d (IT tth -
pro s an. commo. 1 ies o e same oe-
, specified on that plate, the receiver exercised his own judgment
uncorn. . tonnage of' shipping, the Corporation might erect a wet
IB LATE BELL-RINGING. ,
'e --g 8 h • f " The reserved
lit ~ , ave-and except t epi isage is wines. the resent ease the defend-
as to what should be charged: In p ,
ant (M .
r Bolton) gave directions in the month of May 1831 Mr. William Dixon was formerly in the house of Watts-and dock.. The very recital of that act showed, that there was
uf th ''s £2l a-year. Edward the Fourth also granted a lease " e • e" Walker', in _Liverpool; was
,apprentice there in 1789. Watts not sufficient accommodation for shipping, and, therefore,
to eto that Ins goods should be allowed to pass without paying the ' he most considerable West India merchants •
TOR OP THE LIVERPOOL S7'.4XDARO;# gete all of I,itherpoole, (Liverpool being then so spelt,) town's dues. Witness consulted with the comptroller and al- and Walker'were t . , there. was then no consideration 'for the dues now claimed.
sae er svi e
,n, in its notices to correspondents, thi eeed eel th all dues,. customs, and liberties anciently due lowed them to pass. . in the kingdom at t . .
hat time. While he was m that house he T . . •
he dock made in accordance with that statute was now filled
tyle the ringing of the bells to annorlatecetitte°llging," for twelve years, at £l4 sterling. The property John Gladstone, Esq., a merchant at Liverpool, proved that d dha house dis
knew of the town's dues being pal ,an t t nevee
h- up, aud.the land used for building purposes. There was an
large the result of the town's dues' tplea.o Oil tiled in the crown, subjeet to the same mode of leasing, for many years past the town dues in question had- been paid puted them. Witness of late years has been treasurer of t e end, therefore, to the consideration for the toll. There were
Is the writer aware that every rate-POtereees, es time of Charles the First. Many of those leases had parish of Liverpeol. The Corporation are rated to the poor in several other dock acts, and it appeared, that all the foreign
by merchants.
ted in this result, as would soon have 17,01 efteirauted to the ancient family of Molyneux, Earls of Cross-examined—The town's dues cost some houses a very the same proportion as the rest of the parish, The Corporation, shipping trade was done in the dock:s at Liverpool, for the shore
.r cost, had the decision teen a different een 1628wh0 were anciently the King's Bailiffs of Liverpool. considerable sum yearly. On salt it amounts to about seven or to his knowledge, had been rated for.a dozen yeer"s pase in re- is so shelving that it was impossible to land goods in any other
are assessed at their full amount to the Fee4lietv ' the King, having occasion for money, granted a ei ht per cent on the value. The members of the corporation spect of town's dues. The sum paid by the Corporation for part. By one of the acts, ehe Corporation were to appoint
Hs year contributed £6OOO : to.raise this era!, eof posessious and, among them, was a lease of Liver- tligought witness had rendered services to the town, and they rates on town's dues, about five weeks ago, was £587. They trustees, who were to make bye-lawe and manage the dockee
iners, as must have been done had theepstee: stallage, toll's, and customs, to Ditchfield and others, as therefore presented him with the freedom. The freedom of were rated lastyear upon £47,000. The witness geve a,detall There was, then, the whole business transacted by the
.Dock
r cause, would have entailed on everY4esdee t for the Corporation of London, by whom it was con- the town could not be purchased. Several members of the of the rates back to 1821, when they were £5500. rile Corpo- Trustees, and the Corporation had nothing to do with the ship-
me forth, an addition to the poor-rate 0' se Ives,: t,he family of Molyneux. In 1777, the Corporation of Corporation-were merchants, and being freemen paid none of ration occupied graving-docks, and some houses for their offices, ping, •
The whole management had passed away from the
east. Knowing these facts, I for one enlentels' °', who hid obtained a long lease from Lord Molyneux, thos-e dues. and the Town-hall, but the latter was not assessed. They also Mayor, Bailiffs, and burgesses, as a Corporation, and was vested
ta the ssed occupied the weighing-machines. in the Trustees of the Docks. The consideration, therefore,
o hear the merry peal strike up on Sa eln, ee, the reversion for, we loelieve, £17,000. That was It was then agreed (at a quarter to seven) that the court
ry possible that many, who now learn th' -"
0,,,,a4 hpre of the title of the Corporation. It is not more should adjourn till to-morrow. •ver of
Mr. T. Corrie was apPointed town's customer, or recei for these tolls, as regarded the Corporation, was withdrawn,
y agree with me in opinion, rather they tail e'Y or sixty years since persous could recollect Liver-
FRIDAY, SECOND DAY. town's dues, in February, 1821. They had been collected by and, there being no consideration, on their part, they had- no
8, gcc. ee s'. Lee'nere fishing town. Lord Erskine, when he went him ever since that time. There had been no objection to right to seek-to enforce the dues. The learned counsel, having
33. The Court resumed the hearin of the cause at half- a t
A PARISHIONP Old t taste t dfd th ohts f the Corporation, g P s them in his time. He collected according to a table he found
~ ea, r, 0 een e ne o 'ire o'clock. proceeded at very great length, concluded by -calling on- the
ii"k; 4 di" he had seen Liverpool at an early period of his 11l in a book in the office on his appointment. Since then some jury to discountenance the present claims, and to set the duce,
Garstang Bradstock, 83 years of age.—Was in besiness
' -.I 'at tht 1 - was astonished at seeing forty years afterwards new articles of importation had been brought to Liverpool. In tion at rest by finding a verdict for the defendant. ' -
ce Companies, the Corporation of Liven- °I twe
e hand of improvement had done. The tolls, in time time in Liverpool formerly, and remembered when Mr, Calcott wes order to charge them, he took the package-rate, if they were in The CHIEF JUSTICE observed, thatthe question wae, whetheer
collector of customs: that was le 1763.
_Mr._ Atkinson ...eras his
Owners of Vessels and other property. ,he c -I•Y VIII. and of Elizabeth hardly exceeded £3O, which packages, and, if in bulk, he assimilated them to other articles; the Corporation had a right to levy the tolls. In point of law,
The want of an effectual plan in large t'''' eeeeurPoration paid for them. It was not until the tone of clerk, and witness_wrote foe Ationsoits.t_MtntLawrence Spencier according to the quality aud uses of them ; he always consulted it was his opinion that dhis toll might have had a legal orig.in,
ass of a fire in crowded as well as des; %tee, 4`, une that the Corporation, having eepended its re- was receivert orf theetow,enrfeseresreeaelleheated Tree, d s
h atanblewoaf clause: the merchant upon that principle, and, though merchants. had and also that it might be exigible, although the Corporatton
vessels at sea, has long been a subject e, (slelcs. ja improving the town, solicited an act for building (%Iveptety-tlecn . H 1
his office. Wsyts afterwards clerk to wine-mer- acquiesced in the eharge, thaetreenhsada:oetene i.(e) alet:retion in his should not be bound to support and maintain the port. As to
e. rte ' and fr
Tering, loss of property and valuable live,,, 5 e pole om tha-t period might be dated. the improvement lai h g m time, except some commut i , h qu tof the mer these points, if he was wrong, he could be afteruards cOrrected.
it to need an attempt at proof. "A 5 * toe I, so that the tolls that then did not amount to £2OO h• t 'n Liverpool, and while he was there, always transacted 7
can s i chents, upon tallow, ceev a .
nd ox hides horse hides and salt The only- question for the jury was, whether it had been proved,
b ' ' As well as he recollected he raid
the custem-house usiness. , I '.• a b ' '
to Ireland. Witness was authorise v the Common
nine," is the rule of all economists, Ole I'lleset ?,lint to a very considerable sum indeed. The learned going in point of fact, that the right to the tolls was in the e •
oi pore,
d and half outwards His
Council to accept lower rates at the request. of ihe merchants. tion. • ..,
o will justify an attempt in endeavo b ,y ,
Uri °di e "len recapitulated a variety of leases, allowing their Pe. Is. on every pipe of 7ine importe , , .
lovers were also importers of sugar, and the dues upon it had been received ever since, the merchants
i the most important point—which I are ~ retie, *nom granted, and the payment of rents by the Cor- °nil' , The lower rates The jury found for the plaintiffs
shed, and which will be acknowledged ° very sof Liverpool. He then proceeded to state, that, from h•d 3d t. d 2d. a barrel. The ex-
were 6d. a hogs ea , . a ierce, an t be •om osition. He • - • • ' ,
admitting ou each entry those rates o a c p This decision does not, however, terminate the cause. See-
d feeble fi, fra 'arty period,
fficient cheap, simple, an prac 1 ,i, lee it had been the practice of the Corporation kir
ort dues were generally half of those c . g
har ed on the im orts succeeded Mr.
,I) • • knew of uo rates having been raised. Witness
_s
.16 peant Wilde having taken an exception to the validitv-eif the
uch ranges of buildings as ti, Y tee thYslaws, imposing fines on all foreigners trading there. as afterwards in the employ of a Virginian merchant, wno was Crosbie, who died. Witness produced a list of good on
.• ich e.-
_ tftle of the Corpoiadon to the dues that question vvid haves to
retgreettexcle_san
fi C t house, ' !tea, i-,e'ooks of the Corporation, as far back as any books ex- a very large importer'. He also paid the dues. He always under- Mr. Bolton has refused to pay the duties. There was no arte- be heard hereieter before the Judges of the King's Benek,
, h E h ge, oue ne us om-
stood that-the freemen of London, who were residents, were free cle in that list upon which witness had not received dues be-
places where there is so much valuable 'iii ''Lleen Elizabeth's rei )'t d that the Corpora-
gn, 1 appeare whose decision will, it is expected, be in favour oldie Ccirtp '
. . OM-
-0 e aPPernt to of the town's dues ; but he knew of no change. Never knew f The amount of dues uon those articles inwards "was tion.
nd hour in danger of this devouring el!. •hau „,ed an officer to collect the dues, and to account ore. , P
• L'. '"e • `lle ern L The very tolls now claimed were, in the d• b h k f f• 1 t -th
any ispute a out t em, nor new o any re usa o pay em. t on ere
1 1 d ' • dd'ti th ' •
£3BO 7s. lid., outwards, £lO4 2s. 4ed. ; an in a s • , _
ingle moment without its adoption. 0 ,of se. oun .
the means of saving property and lives, ,'4 hereen Elizabeth, very trifling. Mr. Arnold Harrison had been 31 years a merchant. Flad was £1 58. 1d• at Runcorn. That account commencedalay 22, *WILLIAM. FARMER, who attempted' to comreit suicide after
£22 0 0 alw.ays paid the town's dues. Was uot a freeman, nor were 1&30, and Was carried on to August 13, the satire yestr. having shot his fellow-servant, Sarah Parker, has been eree-
.. The plan is on sale, see aclvertisezner'W itee'le Lae), were
e•I • 23 2 4 • any of his partners. Was formerly in the Portugal trade, but Cross-examined.--Mr. Bolton was an Englishman, trading to neously stated to have died at the house of his master, Mr. T.
lam is not a shadow of doubt as to its 11)" lee,
13-10 0 now in the Brazil. From the convenience afforded at the port America, Fifty or sixty merchants had refused 'Paying until. Harmer, Northtleet. The Maidstone Gazette states, that he eis
entlemen, Yours, &c. a 167)-
%Nl' 1 s 53 16 3 of -Liverpool, he did net think the dues charged at all burden- this question was decided. Among them were senile of the most now lodged in Maidstone gaol, to take his trial at the-next' as-
JOHN CLO - 720 ,
,
• 17ee -salter the first ducks were builL).... 425 00 : some.
• . . , respectable merchants in Liverpool. When natron was first • sizes on a charge of murder, and is fast recovering from the
ottery, Torteth Park, 18th Feb. 1833. • .., - . -. 581 0 0 Cross-examined by Air. Sergeant WILD/L-11e convenience enported, witness inquieed reepecting it, and found it came 'wound he inflicted on himself. .
,:. .
... ilit., -• . . . • .
.
-
.
. • .
. , . . .
. .

Vortrg.
THE SPANISH EXILE'S SONG.

Past from Hispania's shores the gale
Vas urging on the exile's sail,
And Cadiz distint rock and bay
Were lessening in the watery way,
When o'er the wide Atlantic main
Arose the melancholy strain :
'• Farewell; my home, farewell to thee.
" Then land of vanquish'd liberty.
While yet thy well-known shores I view,
'• Receive an exile's last adieu ;
Receive the tears, that innate pride
" In vain would bid me strive to hide ;
" In vain would anger's fiercest flame,
" That kindles at my country's name,
" Bid me not weep ; it cannot be.
" Must I unmoved thy bondage see?
" Must I see thine unhappy land
Crush'd by the Gaul's invading band ?
" Must patriots' blood thy scaffolds stain
" Must priestcraft re-assume her reign ?
" It matters not—my race is run,
" My task of toil and pain is done;
" Far from my native land I roam,
" To seek in Western shores a home ;
" There liberty's new rising star
" Gleams on the crest of Bolivar,
" And sheds that pure unsullied ray
" That harbinger of coming day,
• When despot's nod, and Europe's chain
" Shall seek to bind the world in vain :
" There must I go : perhaps my life
" May perish in that glorious strife ;
" Perish it may ! that death has charms
-` Fur him whom patriot ardour warms,
" Let me but fall at freedom's shrine,
" Nor let Riego's fate be mine ;
" Let not my quivering limbs afford
" A sight to that degenerate horde,
"Who, deaf to all their country's cries,
" A perjured despot's favour prize.
" Grant me but this—it boots not where
" I go to breathe a freer air;
" Whether 'neath Lima's burning skies,
" Or where the snow-capp'd Andes rise,
" Or whether by Panuco's wave,
" The exile finds a lonely grave."

THE DEATH OF TIIE CHARGER.

Merrily echoes the fresh'ning morn,
With the clanging hoof, and the bugle-horn,
The crashing fence, the courser's neigh,
O'er hill and dale, as he bounds away :
But there is one in plunging pride,
A noble steed, yet none to ride :
With mouth unbitted, and feet unshod,
Wildly he spurns the flying sod.
Away ! yet, mark'd ye then
That sudden start of sick'ning pain,
As if a cloud came o'er his brain I
He staggers : there l—agaln
'Tis o'er! With one short desp'rate bound.
And ears that seem'd to drink the sound,
jAs onward yell'd each straining hound,)
And quivering eyes, he fell.
. Oh ! many a year, thou gallant steed,
Has pass'd, since just thou prov'dst thy speed,
With arching neck, and flying mane,
Along the verdant fields of Spain,
And heard the bursting onset roar,
By thy wild banks, dark Bidassoa
Those years have chill'd more hearts than thine.
And many an eye, that gaily then
Glanced o'er each squadron's length'ning line,
Has closed to open ne'er again.
They closed, when back proud Gallia reel'd
Upon Vimeira's broken field,
Or mid Vittoria's battle wave,
Found soldier's death and soldier's grave :
But thou still on, where'er, like flame,
Rush'd fearfully the British name,
As the riverfoams along its banks,
'Mong grim Busaco's charging ranks,
Though peal'd the shot, and flash'd the steel,
On wildly dashed'st with thund'ring heel,
Or shared'st the lonely bivouac,
When the mountain clouds lower'd dark and black,
And the lightning glared on the blasted trees,
Among the stormy Pyrenees ;
Nor ended yet thy bright career,
Till France bent o'er her broken spear,
And proud St. George's standard flew,
Along the plain of Waterloo.
Farewell, thou gallant steed, farewell,
Free as the breeze that sounds thy knell ;
The grass and wild flowers merrily wave,
And the stag is couching on thy grave ;
For monument, an oak is there,
Bending its young stem to every air ;
Yet, when three hundred years are fled,
Its gnarled trunk, and aged head,
Shall a wild shadowy glory shed,
Above the charger's lonely bed.

J. 11. I. lc

J. HA113138.