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

£27 16 0

is stated, to give information to the newly-appointed officers,
the deeds and documents belonging to the corporate estate
were of necessity continued in the custody of Mr. Okill.
On the committee referring to the 56th section of the Muni-
cipal Act, they find this proviso :—" Pro-
vided always, that all the charters, deeds, muniments,
and records of every borough, or relating to the pro-
perty thereof, I shall be kept in such a place as the
council from time to time shall direct, and the town-clerk
for the time being shall have the charge and custody
of, and be responsible for, the same." Observing the
importance of this proviso, the committee called for the
resolutions of the council on the subject, and were much
astonished on finding that there had been no direction given
by the council, previous to the year 1839, in what place the
deeds should be kept ; but the resolution does not appear to
contemplate this provision of the act being carried out. It
appears that the town-clerk had mentioned to some members
of the council, previous to 1839, the anxiety he felt on this
subject, and the great responsibility there was imposed on
him by the municipal corporations act, as it was in the power
of the council at any time to call for an account, in writing,
of all matters committed to his charge by virtue of the act.
On the committee calling upon the town-clerk to explain why
he had not fulfilled the duty required from him of having the
custody of the deeds, he stated, that owing to the subject not
meeting with the approval of some of the members connected
with the finance committee of former days, and out of deli-
cacy to the feelings of others, he had to the present time
waived his right, but ha was of opinion that even upon the
ground of convenience there was no reason why the munici-
pal corporations act should not be strictly carried out with
respect to the deeds.
The committee much regret that there should have been
found members of the council who had been advisers of a
breach of the law, and should have appointed an assistant to
Mr. Okill at a salary of £l5O per annum, whose duties this
committee consider are only those of an engrossing or copy-
ing clerk, which ought to be done in the town-clerk's office.
In this anomalous position, the council of 1836 added £lOO
per annum to Mr. Okill's salary, then £6OO per annum ; and
the following resolution was also passed :—" That Mr. Okill's
salary should be £7OO per annum ; that he should have a
clerk at £l2O to £l5O per annum ; and that neither of those
officers should be allowed to do any business on their own
account." In 1837 £2O per annum was given to his assistant
for registering leases. In 1839 a further addition was made
to Mr. Okill's salary of £2OO per annum,making it at the
present time £9OO per annum ; and in January, 1841, Mr.
Abbott's salary, then (with the £2O above named) £l7O, was
increased to £270.
The appointment made in 1836 of Mr. Radcliffe to the
offices of town-clerk and clerk of the peace, the committee
wish to notice to the council, as the committee have great
doubts whether the same individual is not debarred by the
municipal corporations act from filling both situations.
In the first place, the continuing of quarter sessions in
boroughs after the passing of the act depended on the pro-
visions contained in the 103 d section being complied with,
and the obtaining a grant from the crown for the holding of
such sessions. The appointment of the recorder is vested in
the crown, and the council have the appointment of clerk of
the peace. 'With respect to the borough court it was differ-
ent ; for by the 119th section of the act, the council in every
borough in which there was a court of record, were to appoint
a registrar, except in boroughs where the town-clerk acted as
such registrar. Under these circumstances the committee con-
sider that the legislature intended that the clerk of the peace
should be distinct from the town-clerk, who was to continue the
registrar of the borough court, or otherwise the same exception
would have been made in those boroughs where the town-clerk
acted as clerk of the peace. The committee do not come to this
view of the question on the above ground alone, but on the
wording of the act when referring to the two offices. In the
121st section of the act, as to the summonsing of juries, it
says, " And the clerk of the peace and registrar of the court of
record respectively, shall also cause to be summonsed, &c.,"
and again, in the 124th section, the council are to make a
table of fees which shall be taken by the clerk of the peace :
also, a table of fees to be taken by the clerk of the justices,
and a third, of the fees to be taken by the registrar and
officers of the court of record. Whether it be legal or not,
that is a question for the council to consider, but this com-
mittee feel it their duty to point out the heavy expense which
has been incurred in the past year owing to the town-clerk
and his clerks being prevented, in consequence of his being
clerk of the peace, under a heavy penalty imposed by the
municipal corporations acts from rendering any assistance at
the period when the late deputy town-clerk and prosecuting
solicitor was unwell, and on this occasion Messrs. Harvey
and Falcon were paid for their professional assistance
£314 45., and to this committee's surprise, as no doubt it
will be to the majority of the members of the council, these
gentlemen's professional assistance was again called for when
Mr. Shuttleworth was attending to the parliamentary busi-
ness in London this year.
The general business in the town-clerk's and prosecuting
solicitor's offices is daily increasing, but more particularly
the prosecutions, which are a heavy expense to the borough
fund.

The following appears to be the amount of fees received
by the treasurer of the borough fund in the six last muni-
cipal years :

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It is reported to the committee that in 1838 and 1839 the
abolition of imprisonment for debt on the commencement of
actions, the repeal of the power of the borough court to arrest
absconding debtors, and the operation of the court of re-
quests act, raising the amount that could be recovered in this
court from 405. to £5 ; reduced the number of causes in the
borough court from 1856 per annum (which is the highest
number of causes in any one year between 1836 and the
present year) to 1401, but this year the committee find the
causes to have greatly increased, the number being, exclusive
of actions which have not proceeded beyond the issuing of
the writ, 2107.
The committee find that the prosecutions at the assizes
and sessions have so frightfully increased that it is needless
to expect that the prosecuting solicitor can devote sufficient
attention to the other important duties which at the present
time he is required to perform.
The following statement will at once shew to the council
the increase of prosecutions

oar 1: cost of
~., c,
v: Assizes n.. 2 P-. . Prosecu- T opt :01
sCeoes, ti _ o f
tions from
and '5 '5 t; 74 lions Jan. 1837, to
c?
Sessions. 6 ~..,' g L'o' in Total. Dec. 1841,
Z .5; `-' each year. inclusive.
I — —
. s. d,
1837 Assizes . 15 346 12 7
/I Sessions 338 1800 18 0
553 2147 10 7
1838 Assizes . 13 2090 6 6
~ Sessions 305 1652 17 5
- 318 3743 3 11
1839 Assizes . 20 694 11 1
„ Sessions 262 1525 16 0
282 2220 7 1
1840 Assizes . 27 726 12 5
„ Sessions .182 3016 3 7
509 3742 16 0
1841 Assizes . 35 1963 14 8
„ Sessions 644 3641 6 0
679 5605 0 8 .€. s. d.
Total .!2141 — ---- 17,458 18 3
I,

The committee find that the council has the power of pt6'-
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 custodyof 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.
ments 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
hours 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.
creasing 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
this department, which is drawn up to meet the view the
committee 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

Duties of Principal.

Legal Adviser of,
Council, Legal A-
dviser of the Mayor,
Legal Adviser and
Clerk of all Com-
mittees (except the
Gaol Finance Com-
mittee), Registrar
of the Borough
Court, Parliamen-
tary Solicitor, Le-
gal Adviser of all
Returning Officers
at Elections, Legal
Adviser and Clerk
of Revising Court,
and to have the
conducting of all
other matters that
may arise, or may
be connected with
the legal business
of the Corporation,
excepting such as
the Committees
may from time to
time direct the Bo-
rough Solicitor to
take charge of.
The Town-clerk
will be required to
find security to the
Council, as hereto-
fore.

Clerk of the Coun-
cil, Legal Adviser
and Clerk of the
Gaol Finance Corn.
mittee,Prosecuting
Solicitor, and to
have the entire re.
sponsibility of the
Conveyancing and
Leasing Depart-
ment.

Will be required'
:o give security.

To do all the duties
of the office ; to
provide, if neces-
sary, 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.

Salary to be fixed b
.ating the office from

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 avowed 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. Ilalsall, 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 bad 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