The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-10-07 00:00:00

James Chalmers

The committee consider that the town-clerk is legally
responsible for all that is done by the persons above men-
tioned, with the exception of those duties which Mr. Shut-
tleworth and his clerk, Hughes, perform as prosecuting
solicitor, James Halsall as mace-bearer and constable, and
Messrs. M'Combe and Chalmers as constables.
It is quite out of the power of the committee to define the
specific duties of each person in this department; for, in
most cases, the individuals themselves have stated, that it
was out of their power to give the committee the information.
On investigation, the committee find, as before stated, such
a total want of system and arrangement, that the public has
been put to the greatest inconvenience and annoyance by the
delays which take place in the business of this department.
To put the council in possession of the system which is
carried on, the committee will take the labyrinth which, for
instance, contracts and various other documents have to go
through. One of the committees of the council, which
neither the town-clerk nor any person in his office has
attended, agrees with A. B. to do certain work, which ap-
pears on their minutes, kept by Mr. Okill. The conditions
come before the council for confirmation in the proceedings
of that committee; they return to Mr. Okill, who sends
such particulars as he may consider sufficient to the Town-
clerk ; they then go to the deputy town-clerk, who may be
attending to his duties as prosecuting solicitor at the sessions ;
he therefore places them in the hands of a clerk, and here
they remain until the deputy town-clerk can find time to look
at the rough draft. When this period arrives, he finds that
his instructions are not sufficient, and he has to see Mr.
Okill to explain, and afterwards to confer with the town.
clerk, whom he cannot meet with for some days, owing to his
being otherwise engaged. The draft at last is prconsidepared, a
ne-
nd
forwarded to the contractor's attorney, who ers it
cessary to make alterations therein, and calls at the Town-
hall respecting them ; and it happens to be the sessions, and
the assessor is also sitting in his court. Mr. Okill and the
surveyort may be seen by the attorney for the contractor, but
others
performinlgvatlliteerduc.
they are incompetent to decide the points raised by him ; and
at pmarthicieuloarffitime, howad,oesThhe find, thel town-clerk -clerk and
teie:nogfa
ewrith's h ii ns court,clerk,
Quick. e
clerk of teh et opeace,‘n-c
as his clerk • ,lit.s sitting by the side of the recorder, acting
Richard Radcliffe, jun., is acting as
registrar in the . .
.Assessor's Court, with one of the apprentices
assisting him ; Fitzgerald is
acting as crier ; Mr. Shuttleworth, • with Hughes and one of
the apprentices, is attending to
and other times the committee the prosecutions. At these
find the general public busi-
ness of the town entirely neglected,n
Ind nobody is left in the
town-clerk's or his deputy's office
the committee may almost say, to thew I°can give an answer,
simplestth question. The
committee may mention, that when
Halsall is in the Recor'der's Court, actingeurts are sitting,
M'Combe and Chalmers are in attendanceioas crier, an
n
1 of the courts, to prove the service of summonsesoeooor other
absent
jurors.
The next point the committee have to remark upon, is the
loose and most unsatisfactory mode in which the fees received
in the town-clerk's office have been checked, and the irre-
gular way in which they have been accounted for.
Two or three of the clerks, as it may happen, attend to the
Borough Court, and the fees received by them are placed in a
wooden bowl in a drawer, which is not locked, and at the end
of the day the contents of the bowl are counted, and a memo-
randum made of the amount. No particulars of these fees

are kept. At the end of the week, the clerk, who is con-
sidered as having the Borough Court department, but who,
the committee find, by the clerk's own statement, is no more
exclusively engaged with these duties than others in the
office, gives the amount he finds received by the memo-
randum for Borough Court ithd other fees, to Mr. Tyson,
who makes the entry in a sort of cash-book.
Mr. Tyson, as cashier, (with various other duties to per-
form, including attending to the Borough Court, and the
more laborious ones of preparing the freemen's roll and bur-
gess lists,) is considered to be the person to receive the gene-
ral office fees, which he records in a book, but without sta-
ting the particular matter for which the fees have been re-
ceived. The amount of the bills of costs for the leases come
through the deputy town-clerk's department, in as unsatis-
factory a manner as the above-named fees, to Mr. Tyson.
All fees thus received go into a general fee-book, which is
kept by Mr. Tyson. This book has been turned into a pri-
vate cash-book for the town-clerk.

It appears, from time to time during the year, that Mr.
Tyson has to labour to separate the tees under different
heads for the treasurer of the borough fund, who has never
checked any account of fees from the passing of the Muni-
cipal Corporations Act, not considering it as his duty to call
for the particulars of the summary of the fees delivered to
him. Although these statements are made to the treasurer,
no money is paid over to him until the and of the year ; and,
last year, it is stated that the town-clerk had to pay over to
the treasurer upwards of £BOO, after deducting- his salary of
X 2,000.

sNi ere. tTty o s theuu procures disburse ma
There is another mixture of duties between Mr. Tyson
and Mr. Hughes, the prosecuting solicitor's clerk, with re-
pes
un tms au tf theuseeys sfirounms .
the Fottr
et
sh
si this
rer eachpurpose
as edsysia ion, gisiiviungghaesmaempoorratinudnu,m toofp atyh ec
urue cuesiepi
s. f
eTeys s,o
anuthend
h e
tpi amy
emiesn t o
lostf
bwyh
these
e is se dp ua er t
eos tihnedmi
s.
gives a written order to the witnesses upon Tyson for the
tmAguftiesrhienagchausdesmsiaokniumg uucutt,
their accounts. Mr. Tyson then prepares the clerk of thr
peace's bill, and after some weeks the treasurer and Mr.
Tyson arrange respecting the money procured by the latter,
and he takes to account the clerk of the peace's fees, which
are carried to the cash-hook already referred to as containing
the town-clerk's private accounts.
Besides the cash accounts above referred to, it appears
that there is anotber account kept by Mr. Tyson, called the
weekC4 disbursements." This account goes
before weekly, and Mr. Tyson re-
ceivetown-clerk'sFinance s the amount. From the little this committee has seen
of these weekly disbursement accounts, they certainly con-
sider it their duty to call the attention of the council to them,
as they are of opinion there are many charges inserted in
them which ought not to be paid out of the borough fund.
The committee have stated that some of the provisions of
the Municipal Corporations Act have not been carried out.
In pointing out in what particular instance they find this to
be the case, the committee will have to call the attention of
the council to the appointment of Mr. Radcliffe as town-
clerk, and the retaining in office of Mr. Okill after the Ist
January, 1836.
It will perhaps be in the recollection of some of the mem-
bers now in the council, that in 1836 the council of that day
thought proper to dismiss a considerable number of its offi-
cers, and among those officers retained the committee find
Mr. Okill. To retain Mr. Okill in the situation he held, all

Total
r.:
prosecu.
8 t 2,, Cost a
tions from
—0 >• . prosecu- Cost of
Jan. 1837. to
Assizes ~.,' 7.,' 4 7, tions
a and c z cc,) .„.
in Total. Dec. 1841,
--
.o.,'' Sessions. 6 c`,.,) CV Ef,'
4 F.; each ye. inclusive.
x . s. d.
.e. s. d.
183; Assizes . 15 346 12 7
f / sessions 338 5
~ 1800 18 0
03
2147 10 7
_
183- Assizes. 13 2090 6 6
11 sessions 305
18 3 1652 17 0,3743 311
183 i assizes 20 694 11 1
262 , 1525 16 0
on;
~ sessions 1
282 2220 7 1
1841 sissizes . 27 726 12 5
f ,
ies ions 482 3016 3 7
509
3742 16 0
184 '
Assizes . 35 196.3 14 8
~ 'essions 644 3641 6 0
679 1
5605 0 8 .e. s. d.
17,458 18 3
Total . 2141
1 ;
)

The committee find that the council has the power of pay-
ing fixed salaries in lieu of fees to all their officers, except
the clerk of the peace. By the 19th section of the local act
6 and 7, William IV., chap. 135, the council have power to
Pay fixed salaries in lieu of fees to the town-clerk and all the
officers of the borough court. The committee also ascertain
that, by the 6th section of another local act, Ist Victoria,
chap. 98, the council are empowered to fix and pay salaries
to the clerks, to the justices, in lieu of fees ; but they cannot
find any power the council at present have to pay the clerk
of the peace by a fixed salary, and the council may deem it
requisite that information should be given why this omission
has taken place.
Mr. Richard Radcliffe, jun. has informed the committee
that he has attended to private practice ; and he is the only
person in the department, the committee have been able to
ascertain, who has done what may be termed private busi-
ness, with the exception of Mr. Abbott. Mr. Abbott, in
the face of the resolution of the council passed in 1836,
which expressly states that Mr. Okill and his assistant are
not to transact any private business, has carried on the busi-
ness of a law stationer in the town, employing, according to
his own statement, no less than from twelve to fourteen
clerks. Beyond this the committee have ascertained that
Mr. Abbott has been in the habit of getting persons ap-
pointed poll-clerks at the elections, with a private under-
standing that he was to divide the fee with them. The coun-
cil being aware of the poor class of persons who fill the situa-
tion of poll-clerks, and the exposed places in which they
have to remain during the day of the elections, will pass
their own remarks on Mr. Abbott's conduct in this parti-

cular.
The committee cannot but feel how much anxiety the
town-clerk must have had respecting the custody of the deeds
and muniments for which he was responsible, he having, for
the faithful performance of his duties as town-clerk, given a
bond to the council, with two sureties in the sum of £5,000.
The committee have been informed that the repository, con-
taining so much of value to the corporate estate, has been
left open when Mr. Okill was not in town, and Mr. Abbott
absent from the building, and a person found there who was
not connected with the town-clerk's office, but a clerk from
the private office of Mr. Abbott.
The Council will observe by the amount set opposite to
the names of the clerks in the town-clerk's office who have
fixed salaries, what has been paid to them for the year 1811
for extra work ; beyond this the committee find that refresh.
inents have been provided for all the clerks if detained after
five o'clock. These expenses are passed in the weekly dis.
bursement account.
That the present position of affairs in this department
cannot much longer exist, must be evident to the council, on
mature consideration of this report. The public business
de nands that the department should be reorganised, and
that in every particular branch of it a responsible and effici-
ent person should be always in attendance during the public
hoursr of business, viz., from nine to five.
The committee will also come to the same conclusion
which the committee does, that it is impossible for the town.
clerk
and prosecuting solicitor to conduct the daily in-
.:reasing business of their respective offices in that manner
which the public requires, or with any degree of satisfaction
to themselves, with the inefficient staff provided for them.
The committee, therefore, recommend for the considera.
tion of the council the following alterations and additions in
.his department, which is drawn up to meet the view the
,ommittee take as to the legal difficulty that presents itself
respecting the offices of town-clerk and clerk of the peace
being held by the same person; and also to avoid in future

E-1*
c.4W
OJ
fr 4

To do all the duties
of the office ; to
provide, if neces-1
nary, the crier of
the court, his own
clerk, bailiff for,
summonsing the
juries, and his own
office and station-
ery ; and to ac-
count after each
session to the trea-
surer of the Bo-
rough Fund for all,
fees.

;alary to be fixed by the Coui
ating the office from that of 'E

neil when the ques
own-clerk is decidec

tion of
i upon.

The committee have attached two engrossing-clerks to the
to the town-clerk's office, and one to the borough solicitor's,
and they recommend, in consequence of the present offices
being found too small, that one of the rooms now occupied
by the joiners and porters in the basement of the town-hall
should be fitted up for these clerks.
The committee further recommend that the town-clerk and
borough-solicitor should have the appointment of the clerks
for their respective departments, subject to the approval of
the council, but with full power of dismissing them, without
any previous application to the council. As the committee
have fixed a high scale of salaries, it must be understood, on
the engagement of the clerks, that the hours of attendance
are to be similar to those of solicitors' offices in the town,
viz., from 9 to 7, one hour being allowed for dinner.
That no allowance in future is to be made for extra work
or refreshments, the clerks, on entering on their duties, being
made aware that at times the business to be transacted may
require their attendance beyond the general office hours, and
each clerk should be required to enter daily in a book the
particulars of his day's work.
The committee have thought it necessary to make these
few remarks respecting the clerks, as they find there is great
irregularity iu their attendance; and although it is stated
that the hours are from 9 to 5, without any time being al-
lowed for refreshment, the committee have ascertained that
the clerks do take some time in the middle of the day for
that purpose.
It will be necessary that a messenger should be attached to
the town-clerk's and borough-solicitor's offices, but the
committee wish to reserve their recommendation on this
point until the Town-hall establishment is considered.
In carrying out any scheme that the council may here-
after approve of, the committee recommend that a distinct
room be selected, in which the borough court business shall
be transacted, as it has been loudly complained of that no
regular place has been appointed, in consequence of which
the attorneys have suffered much inconvenience and annoy-
ance.

It has been stated to the committee that in appointing
constables to fill other situations which have no connection
with the police establishment, much inconvenience has
arisen—as in the cases of Messrs. Ha!salt, M'Combe, and
Chalmers. The former, as before named, is each session
engaged as crier of the court, and the two latter, previous to
the sessions, are employed in summonsing the jurors, and
afterwards attending court to prove the service of the sum-
monses if required.
If, on the passing of the municipal corporations act, proper
consideration had been given to the change which was then
made, it would have occurred to those whose duty it was to
carry out the provisions of the act, that the bailiffs of the
borough, who, previously were required to act as coroners
and to summons the jurors, did not then exist, and as the
act removed them, it would consequently remove the sub-
bailiffs. In their character of sub-bailiffs Messrs. M'Combe
and Chalmers have summonsed the jurors for the town-clerk,
in his double capacity of registrar of the borough court and

2 £305 9 8 £42 114 I £377 6 162

The fees, which the committee can find have been received
by the bailiffs on the above warrants placed in their hands,
amount to £216 15s. These fees do not come into the bo-
rough fund, nor are they included in the returns made of the
sum received for debt and costs. _

The committee find, by the treasurer of the borough fund's
accounts, that Mr. Roscoe has had, since his appointment,
£350 per annum as a fixed salary, in lieu of fees, but the
council in granting this salary attached the proviso that Mr.
Roscoe should keep a clerk, and pay him £5O. The result
of this appointment, with the condition attached, in the con-
sideration of the committee, is, that the clerk does nearly all
the work, which is merely to fill up the warrants, (which are
in blank printed forms,) and to them and the assignments
(the latter being prepared by the plaintiff's attorney) attaches
the seal.
As before named in this report, Edward Fitzgerald, in the
town-clerk's office, is the sergeant's clerk, and the committee
find that a desk is provided in the same office for the sergeant.
Upon the subject of the fees, Mr. Roscoe could not give
the committee much information, nor did he know exactly
what fees he was strictly entitled to as sergeant, nor could
the committee, on referring to the treasurer of the borough
funds account for 1841, make out what the fees were. The
treasurer's account says,—" The sergeant-at-mace, W. S.
Roscoe, £350, less balance of fees, £l9 Os. Bd.—n3o 19s. 4d.
The committee then sought the assistance of the treasurer
to explain what " less balance " meant, and to give the gross
fees which ought by section 19 of the local act to be placed
" for account of the borough fund," but he was in as great
ignorance of how the sergeant's account of fees was made
out as the committee, nor could he state the particulars of
the deductions made from the fees._ „

The committee, not feeling satisfied, proceeded to make a
searching enquiry into this office, and most curious is the

result :
Although section 6 of the local act recites, that the duties
of the sergeant are to be analagous to the office of sheriff,
the committee conclude that the analogy is limited to the
duties set forth in the enacting part of that section, which
only refers to the execution of process out of the court to
him delivered, and in appointing bailiffs and officers to execute
the process. The sheriff of a county summonses the juries
by his bailiffs or officers. In this case the committee, on re-
ferring to the 121st section of the municipal corporations'
act, (5 and 6 William IV, chap. 76,) find, that the registrar
of the court shall cause to be summonsed persons to serve
as jurors, and, as stated in this committee's report on the
town-clerk's department, M'Combe and Chalmers, by the
direction of the registrar, summon the juries, and not the
bailiffs appointed by the sergeant-at-mace.
Os searching further, the committee ascertain that the fol-
lowing are the particulars of the fees which Mr. Roscoe has
accounted for to the treasurer :

Debt or damage Debt or damage! Other
not exceeding I
not exceeding'cases.
£5. £2O.

Summonsing jury .. ls. Od. 1 2s. Od. 3s. Gd.
Calling p'ff on nonsuit Os. Gd. i ls. Od. Is. Gd.
There is also a fee of LI Is. which the sergeant charges on
the seal being put on assignments _ _

By the sergeant's book, the committee make, for
the municipal year of 1841, the gross fees, which

includes fees on 14 assienmenti.
And the deduction, being two bills for printing

£23 4 10
2 2 6

Leaves £2l 2 4
as the balance, which the treasurer calls £l9 Os Bd.
O❑ observing " summonsing jury," an act which neither
the sergeant nor his bailiffs do, the committee were led to re-
fer again to the Municipal Corporations Act, and in the 124th
section they find, that the council is required, within six
months next after their election, to make and settle in those
boroughs in which there shall be a court of record, a table of
fees to be taken by the registrar and officers of such court,
and such tables of fees shall be submitted to one of his
Majesty's principal secretaries of state," and if approved,
" the fees therein mentioned may thenceforth be lawfully
taken by the person therein named to be entitled thereto."
The committee called for the table of fees above referred
to, and to their great surprise find that there is not any fee
payable to such a person as the sergeant-at-mace. The table
is signed by Lord John Russell, and came into operation at
the end of 1836, or beginning of 1837, and has at the head of
it this notice :—" N.B.—The following fees are only to be
taken for the performance of duties required by the rules
and practice of the particular court, and no fee is to be al-
lowed which is not hereinafter mentioned.
The fees which Mr. Roscoe has claimed as his, under the
table, are payable to the bailiffs, viz., for summoning
jury and for calling plaintiffs on nonsuit ; the fee of £1 Is.,
which the serjeant has charged on assignments, the commit-
tee consider has been taken illegally, as it is not included in
the above-mentioned table of fees. There are two points
which the committee wish the council to consider, which
are, first—is the serjeant-at-mace an officer of the borough
court ? If he is not, then the section in the local act, 19, cannot
be acted upon. Secondly, if the serjeant-at-mace is found
to be an officer of the court, can the council still act upon
this section, and pay a fixed salary, the consideration for the
payment of which is, according to the section of the act of
parliament, to be in lieu of fees ; and that all fees receivable
in the said court shall " be received by the officer to whom
such fees have been heretofore payable ; and every such offi-
cer shall pay over such fees to the treasurer of the said bo-
rough, for account of the borough fund, provided that
nothing herein contained shall extend to the payment of the
bailiffs of the serjeant-at-mace of the said borough."
The committee cannot find that from any source the ser-
jeant-at-mace is entitled to any legal fee.

The serjeant-at-mace, the predecessor of Mr. Roscoe,
and in office before the Municipal Corporations Act and the
local act above named passed, received a salary of £l3O per
annum from the corporation, for which he carried the mace,
and acted as crier of the court. He also found security, and
provided his own office. He took certain fees as crier.

The serjeant-at-mace at the present time is not in so res-
ponsible situation as formerly, in consequence of the aboli-
tion of arrest for debt.

In the present position of the serjeant-at-mace, the com-
mittee have nothing to recommend before the difficulties are
removed, which are now brought before the council for con-
sideration.

CRIER OF THE BOROUGH COURT.
The table of fees does not recognise such an officer as
crier of the court.

By the table, the registrar aril hailiffs are the'only parties
to whom fees are allowed, therefore, if the registrar procures
a person to do part of his duties, such as swearing the wit-
nesses in court (a fee for this act being allowed him by the
table,) he would have to pay such a person so deputed. In
the present case, the registrar has a fixed salary in lieu of
fees, and still beyond this the borough fund is charged with
£25 per annum, which is paid to Edward Fitzgerald, as be-
fore-mentioned, for acting as crier. _ .

The committee consider the present crier's pni,ition is si-
milar to that of the sergeant-at-mace ; he has the situation,
by appointment of the sergeant, under the 6th section of the
local act, but is improvicled with any legal fee.
The committee consequently find nothing to recommend
respecting the crier, before the council have removed the
difficulties that he is in.

The mace-bearer, James Halsall, appears to have £lO per
annum for carrying the mace in the mayor's processions.
He is also crier of the court of quarter sessions, with a sa-
lary of £l5 per annum, and is a constable in Mr. Dowling's
department, for which latter duty he receives 255. a-week.
James Halsall is, therefore in receipt of £9O per annum,
payable out of the borough fund.
As mace-bearer, he is appointed by the sergeant, under
the said section 6. He is certainly not an officer of the bo-
rough court, nor entitled to any fees by the table. It will,
therefore, be necessary for the council to consider this ques-
tion, and whether the £lO per annum has been legally paid.
If he is a corporate officer, the committee think that the
council have a just cause to blame the framers of the act of
parliament, for suffering the appointment to be taken from
them, and in vesting it in the sergeant-at-mace.
The bailiffs, appointed by the serjeant at mace, under the
before-mentioned 6th section of the local act, the committee
find they have received only certain of the fees set forth in
the table, and the serjeant has taken and returned to the
treasurer of the borough fund the tees for summonsing juries,
and calling plaintiffs on nonsuit, as before stated, which, of
right, belong to the bailiffs, as directed by the table. Upon
this part of the question the committee have to call the at-
tention of the council, finding that the registrar has directed
other persons than the above appointed bailiffs to summons
the jurors, who have received a fixed salary. If the bailiffs
appointed by the serjeant can claim the fees, and not the per-
sons who have, to the present time, summonsed the jurors'
then the proviso in the 19th section of the local act would ap-
pear to have been violated, and £2O per annum to have been
illegally paid to M'Combe and Chalmers, the committee con-
sidering that half of what they receive may be taken for ser-
vices rendered to the Borough Court, and the other half
taken for their duties connected with the quarter sessions.
It will be for the council to consider whether, for the last
five years, the following salaries are a legal and justifiable
charge on the borough fund, viz
The serjeant at mace.
The crier

The mace-bearer
The sub-bailiffs, £4o—a moiety

£350 per annum
25 „
10 „
20 „

£405
JOHN B. LLOYD, Chairman

LIVER THEATRE

MR. WILSON'S FAREWELL ENTERTAINMENT.

THIS present FRIDAY EVENING, the 7th instant, at
Eight o'clock. _ .

SUN js.—The Flowers o' the Forest—Sally in our Alley—
The Laird o' Cockpen—The Fine Old,Country Gentleman—
Wha vadna fecht for Charlie.

PART 11.—My Boyhood's Home—Canst thou Love ?
The Postilion's Song—Young Agnes, my beauteous flower—
The Fra Diavolo Scena.

PART 111.--Bide ye Yet—Lizzie Lindsay—Duncan Gray
—Get up and Bar theDoor—Tullochgorum.
Tickets and Programmes to be had at the Box-office.

ROYAL ASSEMBLY ROOMS,
GREAT GEORGE-STREET.

GRAND MISCELLANEOUS CONCERT,
Under the most distinguished patronage.

MISS E. HAMILTON

RESPECTFULLY announces to 'her Friends and the
Public that her CONCERT, at the above fashionable
Rooms, will take place OR THURSDAY EvENING next, the
13th instant, on which occasion she has secured the valuable
services of our talented townsman, Mr. WILLOUGHBY
WEISS. who will sing several of his favourite Songs,
assisted by Miss WHITNALL, Mr. HARRISON, (the ad-
mired Tenor, from the London Concerts,) Mr. HORNBY,
and Amateurs.
PIANIST AND CONDUCTOR—Mr. E. F. SMITH.

Doors to be open at Seven ; Concert to commence at
Eight precisely.
Tickets to the Body of the Room, ss. ; a limited number
to the Gallery ; to be had of Miss E. HAMILTON, at her
Residence, 27, Norton-street, and the principal Music
Shops.