The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-02-25 00:00:00

TOWN COUNCIL PROCEEDINGS

A special meeting of the Town-council was held on Tues-
day, at eleven o'clock in the forenoon, in the Council-
chamber, within the Town-hall.
The first subject brought under consideration was the bill
"For the improvement, good government, and police regu-
lation of the borough."
The TOWN-CLERK said many of the provisions had been
embodied in former acts, and it bad been thought expedient
to consolidate all the matter of such local acts with such
new matter as might be required in one act. The preamble
to the bill recited the various existing local acts, and then
the reasons for the consolidation. After sundry minor pro-
visions, without any new matter of importance, it went on to
provisions for extending the extraordinary powers of the
Council to take land for public purposes, both particularly
and as specified in a schedule, and generally as the rapidly
increasing population and trade of the borough may render
necessary. This was to compel refractory parties. to sell in
the line of an improvement, and to enable incon

sons to convey such property.
Mr. BOLTON asked what fund was to pay for such pur-
chases.
The TOWN-CLERK said there was no fund whatever pro-
vided by this bill. There was :nothing_ in -the fund which
rendered any purchase obligatoiy on the Council.
The MAYOR.-lt is only an enabling bill.
Mr. G. H. LAW,RENCE said the borough fund act gave
power to improve the town. Now this bill went for power to
compel parties to sell property in the line of improvement.
The TOWN-CLERK.--TO compel them to sell and capaci-
tate incompetent persons to make sales. Agreed to.

NUISANCES.
Section 132: " That if any foundry, &c. &c. &c. shall be
a nuisance to any inhabitant, or if any steam-engine here-
after to be erected. in the borough, by not consuming the
smoke arising therefrom shall be a nuisance to any inhabi-
tant, the Council shall order the person, by or on whose be-
half such nuisance is carried on, to discontinue or remedy
the same." The penalties for non-compliance are left blank.
Provision is made that any person aggrieved may appeal to
the Recorder.
Mr. ISAAC HOLMES would divide the Council against the
clause. If any individual imagined a manufactory to be a
nuisance, he might put the proprietors to great expense and
trouble. There were individuals who could not consume
their own smoke. He had asked a party what they would do
in such a case as Fawcett's foundry, and the reply was, that
they would stop it if it were a nuisance. Mr. Holmes made
some allusions to the soap trade, and to the difficulties which
would arise if they attempted to put down all manufactories
which could not consume their own smoke. He would move
that the words, " if practicable," be introduced into the
clause, so that it might be that parties should be compelled
to consume their own smoke, if practicable.
Mr. Ancirr and. Mr. H. LAWRENCE expressed their
opinion, that the law would become a dead letter if the alte-
ration were introduced.
The TOWN-CLERK said he believed all might be consumed
by a very simple plan.
Mr. YATES said.the plan of Mr. Wye Willi
adapted to any steam-engine.
Mr. HENRY HOLMES said the plan had been entirely re-
jected in Leeds

s might be

Mr. H. LAWRENC suggested that, in lieu of clause 133,
which enacted an increasing fine for the nuisance continuing
unremedied after notice, it should be enacted that it should
be discontinued within thirty days, and remedied within such
other time as the Council should order

Agreed to

The bill contains clauses 135. Penalty an suffering dots to
go at large after notice,-136, Dogs suspected to be mad may
be destroyed,-137,,Penalty on suffering mad dogs to be at
la..ge.

Mr. GLADSTONE said if these clauses were what they ap-
peared to be, he thought they were very hard upon the poor
dogs. They were, it appeared, to be destroyed on suspicion.
He wished to have it defined what the suspicion was to be
grounded upon.
Mr. PRIESTLEY mentioned an instance of a gentleman
who had a very fine,Newfoundland dog taken from him by a
Policeman, shortly after the Mayor's notice appeared on the
walla. and it was destroyed before he could make any repre-
sentations in its behalf.

mi..iioD;sQNlar, a policeinan who interfered impro-
perly with a dog would undoubtedly lose his place.
After some further conversation the clause was passed.

DRUNKENNESS

From 138 to 142 inclusive, provideCi powers for impound-
ing cattle, &c. 143, penalty on drunkenness. If not imme-
diately paid, imprisonment.
Mr. PARKER said, he hoped this clause would be rigidly
enforced. There were hundreds of persons came before the
magistrates for drunkenness who were dismissed without any
fine whatever.
Mr. COOPER.—It ought to be 10s. for being drunk on a
Sunday.
Mr. PARKER.-And for every common councilman who
gets drunk it ought to be £5.
Clause 144 enacts, that drunken persons
or indecent behaviour, are to be fined lOs
in default

;uilty of riotous
Imprisonment

STREET NUISANCES.
Clause 149 enacts, that as persons may be sick, &c. if one
person desired a ruusLeian playing in the streets to depart, he
must do so.

Several members opposed these views, and it was at length
agreed to let the clause stand.

HOISTING INTO WAREHOUSES

Clause 152 inflicts penalties on persons hoisting goods into
warehouses without proper tackle, and 153 on occupiers of
warehouses, &c. permitting goods to be so hoisted in or deli-
vered out of warehouses without sufficient tackle.

Several members were of opinion that the description of
tackle to be used should be mentioned.
Mr. HODGSON and Mr. EVANS opposed this, on the
ground that parties would be tied, so long as the law re-
mained in force, not to avail themselves of any improve-
ment.

Itw as at length agreed to adopt the clause as it stood.
Clause 154, embodying very many provisions, was then
considered at length.
On the first section pf this clause,

Mr. Nicol, noticed clause against washing carriages in
the streets. He contended at large against it, speaking of
the inconvenience which he had suffered from not being per-
mitted to wash his carriage in the-street.
The TOWN-CLERK said, it would not be possible to per-
mit the street to be made into a carriage-yard.
Mr. H. LAWRENCE suggested that a provision should be
inserted for making any driver, not actually engaged in
setting down or taking up passengers, move on from any
door or shop, so as to allow another carriage to set down or

_
take up.
Mr. AIKIN wished some change to be inserted against par-
ties carrying iron rods on the footway.
It was agreed that both propositions should be referred to
the finance committee.

- BOYS' SPORTS.
Mr. Ev ANs called attention to a clause which he strongly
objected to, as, unless altered, it would enable parties to ex-
ercise great tyranny on children. The clause commenced,
Every person who shall fly any kite or play at an

.1 •
or trundle any hoop, to the annoyance of '
any passenger or
inhabitant," &c. Mr. Evans contended that the boys did
not go into the great thoroughfares to fly their kites, but the
clause prevented the boys from pursuing their recreations
anywhere, and by saying " to the annoyance of any inhabi-
tant," left it to any ill-natured individual to disturb the boys
of a whole neighbourhood at their sports.
Mr. GLADSTONE suggested that a clause should be in-
serted to restrain per Sons from driving cattle without a suffi-
cient number of hands to keep the beasts from the footwalk,
and from covering the whole carriage-way.
Mr. AspINALL spoke of the practice of driving pigs on the
foot-walk, and particularly of the nuisance so common on
the sabbath, of pigs being driven in droves through the
streets.

Mr. GLADSTONE said, in allusion to the subject of hoist-
ing, that it would be well if the warehouses were to be so
altered that, instead of a tackle projecting over the foot-walk,
tll9, should hoist in a recess. _

It was agreed that all these subjects be referred to the
Finance Committee.

THE POLICE—SICK FUND.
After provisions for lighting, &c., the police clauses were
read. In relation to 223, which makes provision for the relief
of constables in case of sickness, it was stated, that in lieu of
the regulation which required every man in the force to be-
long to a sick club, it was intended to take a certain portion
of his wages for the purpose of establishing a fund.
Mr. PARKER spoke generally against the sick club, and
said it was proposed to take 6d. per week from their wages,
and thereby to raise a fund.
Mr. THORNHILL opposed the proposition on the ground
that the men were paid little enough as it was, and that a
man could not think himself justly used if he contributed to
such a fund for two years and were then discharged, and de-
prived of the power of deriving any benefit from a fund
which he had contributed to raise. The measure would be
!flaking the good and steady man pay for the idle and the
skulker, who would affect sickness for the sake of a week's
leisure. When the dock and town police forces were joined
there were 33 men in the dock police receiving money from
the sick fund, and in one week after, under the new sy stem,
the number was reduced to three.
Mr. HonGsoN opposed Mr. Parker's proposition on simi-
lar grounds to those advanced by Mr. Thornhill, and Mr.
Procter supported it.
On the suggestion of the Town-clerk, it was agreed that
this subject should be referred back to the committee.
Clauses 224 to 243 were considered consecutively.
Mr. COOPER drew attention to the large quantites of gun-
powder kept on some premises in Liverpool.
Mr. ASPINALL suggested that the same power be given to
officers to search the premises of marine-store dealers as to
search vessels. He thought it would be well if marine-store
dealers were licensed, and punished with loss of license on
misbehaviour.

It was agreed that the Town-clerk should insert a clause
to that effect.

OPENING PUBLIC HOUSES ON THE SABBATH

Clause 244 was for consideration and direction of the
council the following from the Metropolitan Police Acts

" And be it enacted-, that no licensed victualler or other per-
son shall open his house within the borough, for the sale of
wines, spirits, beer, or other fermented or distilled liquors,
on Sundays, Christmas-day, and Good Friday, before the
hour of one in the afternoon, provided that nothing herein
contained shall extend to prevent refreshment to travellers."
Mr. PROCTOR moved that the above clause be withdrawn.
His motion was in accordance with a former recommenda-
tion of the 'Watch Committee. His reason for moving this
was, that it ought to be a general bill to act all over the
country. All the information that could be obtained from
London showed that the clause worked badly, and he thought
it incumbent on them to avoid the monstrous absurdity of
having one system on one side of the street, and another sys-
tem at the other. _ _

r. ASPINALL seconded the motion.
Mr. HODGSON said he rose with very great regret to op-
Pose many of his friends in the question which was then be-
fore the council. He thought the arguments in favour of the
clause stood in as much force as they did before, when so
many of them avowed themselves desirous of seeing it
adopted ; and he was of opinion, that they stood now in such
a relation to the government, that they could carry it if they
Persevered. One of the arguments used against its introduc-
tion into their local act was, that it ought to be a general
measure. As regarded its partial operation, they might as
well apply such an argument to their police or any other
thing. They might as well aver that they ought not to have
any police here because they would not touch the crime
which existed beyond their suburbs, or because they would
drive delinquents to other places. He considered all such
arguments inconclusive. It was incumbent on them to do
what good they could ; and if they could not reform other
districts, at least to set them the example which they ought
to follow. He would, perhaps, wait for a general law if he
saw any reason to believe that it would be passed. He cal-
led upon them to proceed at on7e and apply to parliament
for the.clause, on the ground that they all agreed that it was
desirable. He thought his friends would find themselves in
an awkward position if the suspicion were once raised that
they were drawing back from the high ground which they
ought to take from the fear of losing political influence. He
feared they might be suspected of yielding to expediency on
Political grounds. He would not do so ; and if they were
forsaking the high ground of principle, and endeavouring to
stand upon expediency, the sooner they came down the bet-
ter, for come down they assuredly would. He trusted that
no fear of losing the support of a section of the publicans
would induce them to shrink from an important duty, for he
was very sure that all the respectable publicans must be in
favour of a clause which would prevent men from drinking
during the first hours of the Sabbath. It was the best clause
of the bill. He should be glad it' the clause restricted the
Publicans from opening their houses at all on the Sabbath.
However, as it was it was likely to be productive of great

good, and it should have his hearty support. He would move
that the clause should remain as it was. _ _ _

Mr. MEIN seconded the amendmerit. He said it was most
extraordinary to argue, that if they excluded evil from their
own doors, it would rise up elsewhere. He trusted, how-
ever, that they would do their utmost to exclude evil from
Liverpool, let it rise up where it would. Mr. Aikin made
some allusions to the acts of brewers and spirit-merchants,
and spoke of a gentleman, a friend of. his, who was a magis-
trate, connected with the spirit business, who forebore to go
on the bench or interfere in any way where licenses or pub-
licans were concerned. He thought it would be discreet in
parties connected with those businesses, to abstain from in-
terfering in affairs of this nature. He thought if one brewer
and spirit-merchant after another were sent on the Watch
Committee it might have an effect—(the conclusion of the
sentence was lost.) Mr. Aikin proceeded to expatiate on the
evils which accrue from permitting public-houses to be open
on Sunday mornings, and the disgusting scenes which were
the consequence. He expressed his decided opinion that the
respectable class of publicans bad no hand in such proceed-
ings. and would be glad to see them done away with.
Mr. PARKER said, the merchants set themselves up and
talked about the brewers and spirit-dealers as if they did not
desecrate the Sabbath. He would yield to no man on earth
in respect for the Sabbath. He was surprised to hear mer-
chants talk this way when it is well-known that they selected
the Sunday above all other days for their ships to put to sea.
Lord Sandon had-declared, in his letter to the Town-clerk,
that the clause was not likely to pass, and the Town-clerk
would inform them, as he had stated in his presence, that
Lord Sandon stood so high and was on such terms with the
government, that what he expressed was just the same as if
the government themselves had said it.
Mr. G. H. LAWRENCE.—No, no. The Town-clerk did
not say any thing of the kind.
Mr. PARKER.—He said something very like it then. The
publicans would be very glad if it were a general measure.
Mr. Parker proceeded to say that the clause did not work
well in London, for no law that could be framed would ever
stop drunkeness, and if spirics-were sold at every shop in the
town there would be no increase of drunkeness. In conclu-
sion, Mr. Parker called upon the Town-clerk to read Lord
Sandon's letter.
. . . . .

SO 0 • 060../ av v. •
Mr. IsnAc HOLMES, in allusion to what had fallen from
Mr. Aikin, said there could not be favouritism in the Watch
Committee, for the informations were all laid by the Head
Committee.

T'ae TOWN-CLERK said he had not received any letter from
Lord Sandon. He had written on the 15th to Lord Sandon,
asking his opinion on the measure, and at the same time to
their parliamentary agents and his lordship's reply was em-
bodied in theirs. Th Town-clerk read the following copy of
.his letter to Lord Sandon _ _

" Town-hall, &c., Feb. 15, 1842.
"My Lord,—l am directed by, our Watch Committee to
request the favour of your lordship's opinion on the publi-
can's clause, which I enclose, as part of our general improve-
ment bill, similar to that of last session. Everything appears
to depend on how government or parliament would receive
this clause in a local hill. It is •in the metropolitan police
code ; but it may be answered, that comprises an extensive
and, peculiar district. Our parliamentary agents will wait
ul)on your lordship on this subject, and the committee will,
I fully expect, meet on Friday and Saturday for a report to
the council. The clause is considered a very desirable mea-
sure. &c., &c. - -
(Signed) " RICHD. RADCLIFFE!'
The letter to Messrs. Burke and Venables, bearing the
same date, was as follows:
" Dear Sirs,—You will be aware that the publicans' clause
(taken from the metropolitan police act, 2 and 3 Vic. s. 42,)
at present stands N 244 in our general improvement bill.
The question is whether it would be more proper legislation
in our private bill, or in a public bill brought forward by go-
vernment on petition and very general application,from. Li-
verpool ? lam requested by our Watch Committee to de-
sire, that you will consult with Lord Sandon on this subject,
and his lordship might perhaps have the kindness to confer
at the home office. The clause is considered with us a very
desirable measure ; hut the question is, is it proper for local
legislation ? In favour of the affirmative is the fact, that it is
in the metropolitan police code, though it may be said that
that code prevails over an extensive and peculiar district.
" It would of course not be prudent in us to raise an oppo-
sition to our bill, and thereby damage other clauses, as well
• as cause cunsiderable expense, if there were not a reasonable
prospect of our succeeding. Everything depends on bow go-
vernment would treat it.
" I should be obliged by your sentiments by return, and
by anything further by Friday's post, as at meetings on Fri-
day and Saturday we must decide, at least so far as reporting
to the council.
(Signed) " RICHD- RADCLIFFE.'
tinder date 16th February, Messrs. Burke and Venables
thus reply :
Dear Sir,—The 24th clause of your proposed improvement
bill being already in the metropolitan police act, we do _not
apprehend that there could be much objection to making it
applicable to so large a town as Liverpool. At the same
time we are of opinion that that, as well as other police
clauses in your• bill, might very properly form part of a general
act, and we think it not at all unlikely that Lord Shaftesbury
will make the same observation on the bill when he sees it.
The question is, however, will: the government bring in such
a bill, or are you, who are desirous of having these provisions
of -the metropolitan police act made applicable to Liverpool,
to be debarred from the endeavour to, introduce them into
your improvement bill. because they might properly form
part of a public act ? We think not, and we do not appre-
hend that your whole bill would be placed in jeopardy by the
introduction of the clauses in the first instance, even suppos-
ing them ultimately to be deemed objectionable; because, if
they were so, they might be struck out in committee.
We purpose conferring with Lord Sandon to-day on the
subject, and will write you further when we have seen him.
(Signed) BURKE and VENABLES.
The following is the next letter from Messrs. Burke and
Venables, dated 17th February.
Dear Sir,—We were unfortunately unable to meet with
Lord Sandon before post time yesterday, but this morning
we had an interview with his lordship, at his residence, at
which Mr. Birkett, of your town, was accidentally present.
The latter gentleman stated that the clause referred to in
your letter would be extremely objectionable, as it would not
extend to the suburbs of the borough, and consequently
would be evaded, and Lord Sandon concurred in this view.
It appeared to us that the object of your letter was to
ascertain how far it would be prudent or practicable to in-
troduce the clause into a private bill, and whether it would
not be considered that it should properly form part of a public
act, and that the expediency or inexpediency of the clause
did form any part of your inquiry.
We, therefore, have taken an opportunity of seeing Lord
Sandon again this afternoon, and he concurs with us in the
view that the clause may, if you please, be introduced in the
bill without endangering the other provisions of it ; but he is
strongly of opinion, that the clause would be so objectionable
in itself, as being insufficient for the purposes for which it is
intended, that it would be highly inexpedient to introduce it
in the bill, and would only involve unnecessary opposition
and expense. His lordship thinks, also, that the provision
would more properly form part of a public act than a private
one. (Signed) BURKE and VENABLES.
R. Radcliffe, Esq.

The TOWN-CLERK said, in allusion to what had fallen
from Mr. Parker, that he did not say anything which would
warrant any inference that he meant to imply that the opinion
of Lord Sandon was the opinion of government. The effect
of the Town-clerk's saying, as explained by him, was, that
the opinion of Lord Sandon, as member for this borough
and as a supporter of the government, should have very peat
weight in their deliberations. The opinion of any individual
standing so high as Lord Sandon, as a supporter of the go-
vernment. would be equally regarded by parties conducting
business for the place which such individual represented.
Mr. EVANS expressed his gratification at the course taken
by Mr. Hodgson. In allusion to what had fallen from Mr.
Parker, lie said there was no parallel between the case of a
ship moving out of port for a continuous voyage and a man
going into a tavern to drink and ruin his pocket, his mind,
and his family. There was, perhaps, no more harm in a ship
moving out of port on the Sabbath, than there was in her
continuing to press forward to her destination on many suc-
ceeding Sabbaths.
Mr. THORNHILL spoke of the measure as exceedingly de-
sirable. He ridiculed the idea of persons going to drink at
the suburbs. They were chiefly turned from taverns in Li-
verpool at night, and it was not likely they would resort to
the country to drink after midnight.
Mr. Earle, Mr. Cooper, Mr. Sands, and Mr. Jordan avowed
their intention of supporting the clause.
The council divided, when there appeared—
For the clause—Messrs. Shaw, Shand, Hodgson, Thorn-
hill, Sands, J. Holmes, Bolton, Aikin, Bright, Priestley,
Yates, Robinson, Cooper, Gladstone, Lloyd, G. H. Law-
rence, Jordan, Platt, A. Smith, Mather, Harbord, Bailey,
Freme, Evans, Earle, Moon, Houghton, (Alderman) Nicol,
Molineux, and the Mayor.
Against the clause—Messrs. Isaac Holmes, Preston, As-
pinall, Wood, Procter, Kilshaw, and R. Jones.
For the clause, 30 ; against it, 7. Majority, 23.
Absent—Messrs. Houghton, (Councillor) Sandbach, Ed-
wards, Copeland, Barton, Blundell, H. Holmes, Mellor,
Rae, Toulinin, J. Lawrence, H. Lawrence, Birkett, Rigby,
Bushell, Parker, J. Smith, 'l'. Holt, Harvey, Barclay, Grif-
fith, Turner, Chilton, Moore, and Crooke.
The council adjourned at a few minutes past three o'clock
till eleven the following morning.

WEDNESDAY

The adjourned meeting was held on Wednesday, at eleven

o'clock

HEALTH OF THE TOWN AND BUILDINGS' REGULATION BILL

Mr. GLADSTONE said the subject had occupied the at-
tention of the council previously to Lord Normanby's bill
being introduced. Its great recommendation was, that it
would exempt Liverpool from the operation of Lord Nor-
manby's act, which would be a second time on the preceding
d ay.
Mr. G. H. LAWRENCE said the subject had occupied the
serious attention of the Finance Committee, and Mr. Birkett
was now in London doing all he could on their behalf. It
was generally known that Lord Normanby's bill would prove
exceedingly objectionable if it came into operation in Liver-
pool, and this bill would save them from such inconvenience.
It was agreed that the Town-clerk should state the oper-
ation of each clause to the council. _ - •

The TOWN-CLERK set forth the preamble. The first
clause repeals Acts 3rd Vic. The second gives power to ap-
point a committee, the third to appoint surveyors, &c. The
fourth, fifth, sixth, seventh, eighth, and ninth clauses make
certain judicious regulations for the erection of houses, re-
ferring principally to small tenements, with a view to the
health of the town. The following are the tenth and eleventh
clause :-10. That it shall not be lawful to let separately, ex-
cept as a warehouse or storehouse, or to suffer to be occu-
pied as a dwelling-place, any cellar, under any house, in
any court. 11.—That from and after the Ist day of
July, 1844, it shall not be lawful to let separately, ex-
cept as a warehouse or storehouse, or to suffer to be occupied
as a dwelling-place, any cellar or room under any other
house whatsoever, which cellar or room shall be less in
height, from the floor to the ceiling, than seven feet, or
which shall be less than one-third of its height above the
level of the street adjoining the same, or otherwise shall not
have two feet at least of its height from the floor to the ceil-
ing above the said level, with an open area of two feet wide
from the level of the floor of such cellar or room up to the
level of the said street, or which shall not have attached
thereto the use of a privy and an ashpit, according to the
enactment herein contained, or which shall not also have a
window of not less than three feet square, or otherwise of an
area of not less than nine feet clear of the sash frame, and a
fire-place with a chimney or flue, or being an inner or back
cellar, let or occupied along with a front cellar as part of the
same letting or occupation, shall not have a ventilating
chimney, unless such inner or back cellar shall be a part of a
house built before the commencement of this act.
Clauses 12, 13, 14, 15, 16, 17, 18, and 19 contain certain
sanatory regulations. Clause 20 gives power to the authori-
ties to compel the cleansing of houses, which, by reason of
their filthy condition, are deemed detrimental to the health
of the inhabitants. Clause 21 gives power to enforce the
provisions of the act. Clause 22 gives power to make cer-
tain by-laws and regulations for enforcing cleanliness.
Clause 26 enacts that, after the Ist of April 1843, no inter-
ment shall take place in any burial-ground, unless, on the
Ist of January 1843, there were two feet six inches of soil
remaining below the ordinary surface of the burial-ground,
clear of every part of any coffin theretofore interred in such
grave.-27. Power for council to appoint inspectors of graves.
—2B. Inspectors to make a declaration.-29. Compensation
of inspectors.-30. Inspectors to enter upon burial-grounds
and examine graves, ascertain clear soil, and report to the
Health Committee.-31. Report to be open for inspection
and perusal. and copies to be furnished, and notice of the
report and of the burial- ;rounds to which it relates to be
published once in two of the Liverpool newspapers, one
calendar month before the day to be appointed, as herein_
after mentioned.-32. Day to be appointed by the commit

tee, after which no interment shall be made in any grave so
reported to them as not having,' on the Ist day-of January
1843, two feet six inches of soil remaining below the ordinary
surface of the-burial-ground, clear of every part of any coffin
theretofore interred in such grave ; and one calendar wont ii's
notice of such day so appointed by them to he published once
in each of two of the Liverpool newspapers.-33. That, from
and after the day so appointed, no coffin shall be interred in
any such grave so reported not to have had, on the Ist day
of January 1843, two feet six inches of soil remaining below
the surface of the burial-ground, clear of every-part of any
coffin theretofore interred in such grave. Penalty not ex-
ceeding £lO.-34. That, from and after the same day so to
be appointed foe the purpose-"aforesaid, no coffin shall be
interred in any grave in any burial-ground within the bo-
rough, though not so reported .as aforesaid, which shall not.
leave two feet of soil remaining below the ordinary surface
of such burial-ground, clear of every part of the coffin so to
be interred in such grave. Penalty 'if knowingly permitted,
not exceeding £lO. .

Mr. EVAN s said the prohibition was of a most indefinite
character. In a certain time the bodies 'interred would be
entirely' decomposed. Was it intended to deprive individu-
als of their property altogether in their graves, because there
happened, on the Ist-of January next; to be only a certain
depth of soil above the doffing? •Mr. Evans proposed that
wbenever a grave was found to be filled within two feet six
inches of the surfaceit should remain closed- for a certain
number of years—say fifteen or twenty. • _ _

A very long disCus-sion ensued, in the'course of which it
was stated by the Town-clerk, that the clauses were framed
by an arrangement and understanding by the Rector, who
was perfectly willing to have it carried into effect. The
Town-clerk also explained that the effect of the clause would
be, that those graves which bad not two feet six inches of
soil above them on the Ist of January would remain for ever
closed. Mr. Evans and Mr. Aikin strongly objected to this:
Mr. Evans was supported by Mr. John Smith, Mr. Cooper,
and Mr. Bright.
Mr. AIKIN proposed that words be inserted to make the
clause enact, that no grave should be opened unless there
were two feet six inches of soil above the surface. This
would give individuals an opportunity to open their graves
again when the bodies were decomposed, or when those be-
low were so far decomposed as to allow those above to sub-
side. _ _ . . .

This proposition was opposed by several members. At
length the conncil went to the' vote on Mr. Aikin's amend-
ment, when there appeared—
For the Amendment.—Messrs. Shaw, Shand, Isaac
Holmes, Thornhill, Copeland, Mellor, Bolton, Aikin, Rae,
Bright, liohinson, Wood, J. Smith, Platt, Evans, Bramley-
Moore, Molyneux, and the Mayor.
Against the Ameudment.—Messrs. D. Hodgson, Blundell,
H. Holmes, J. Holmes, Yates, Cooper, Gladstone, Kilshaw,
Parker, G. H. Lawrence, Mather, Freme, Houghton, (alder-
man) and Nicol.