Improvement Commissioners & U.D.C.

[radman]

A lot of the things that happened to turn the village of Newton into a fairly large town involved the Improvement Commissioners or the U.D.C. in some way. I thought it would be good to have a place to post information about the decisions that these bodies made.

Here is the report and recommendations adopted by the U.D.C. with regards to establishing the Towns own Water Supply (instead of taking water from the Railway company). Apologies for the two tables - no idea how you do them or even if it's possible.

Report of Special Water Committee.

Town Hall, Earlestown, 19th January, 1898.

To the Gas and Water Committee, Newton-in-Makerfield Urban District Council.

Gentlemen,

On the first day of February, 1897, you deemed it advisable to appoint Mr. Borron, Mr. Collingwood, Mr. Stone, Mr. Slee, and Mr. Thompson a Special Committee to examine certain Specifications and Estimates, which were then laid before you, having reference to the suggestion of establishing Township’s Waterworks, and with power (in the event of the Specifications and Estimates, after examination being found reliable) to negotiate for a suitable piece of ground, with further powers to spend a sum of about £250 for the purpose of constructing a Borehole, and to test the quantity and quality of water therein; and were also authorized, if considered to be necessary, to obtain expert evidence on the subject.

Your Committee, at the outset, desire to explain that any apparent delay in presenting this Report is owing to circumstances over which they have had no control, and beg to say that no delay whatever on their part has taken place, and they feel assured that on such an important question as this the Committee will readily understand that numerous difficulties have had to be considered and overcome from time to time.

The first step which our Committee took was to obtain expert evidence as to a site, and one which, from the geological formation of the strata, would give an ample yield of water as well as of good quality, and also which would be of such an elevation as would entail the least cost to the Council in forcing the water through the mains at such a pressure as the inhabitants residing at the highest point in the Council’s district would have an abundant supply of water, and also taking into account the least cost of connecting the new supply to the existing water mains.

Messrs. TIMMINS & SONS, of Runcorn, Water Engineers, were instructed to visit the district and report upon a site. They accordingly did so, and made a careful examination of the geological maps of the district, and also visited certain parts of the locality, and afterwards reported to the Committee.

Your Committee carefully considered the report, which, though a very admirable one, still left, many difficulties to be overcome. In the first place, the site recommended by Messrs. TIMMINS was too near the present pumping station of the L. & N. W. Railway Co. and Winwick Waterworks, in addition to being in an almost direct line between those two boreholes, and the Committee were anxious not to get in too close proximity to either of them. Secondly, the adoption of the site recommended by them would have involved considerable expenditure in the laying of large water mains from Parkside to the existing mains, in addition to the difficulty of crossing the Railway Bridge in Parkside Road with a large water main; and, thirdly, your Committee were already in possession of a report, dated 1870, from Mr. HILL, Water Engineer to the Manchester Corporation (and who stands well in his profession), recommending another site which, he reported, pointed to an abundant supply of good water being obtainable, as it had a large area of red sandstone to draw upon; and your Committee did not feel justified in disregarding a report from so high an authority. They therefore felt themselves placed in a very embarrassing position, and they decided (feeling sure that the full Committee would acquiesce in doing so) to call in further expert evidence on such an important matter as the question of a Town’s Supply of Water.

Mr. D. GASKIN, M.I.C.E., Water Engineer to the Corporation of Nottingham, and who was formerly Water Engineer to the St. Helens Corporation, and well acquainted with the geological formation of this district, was then called in by your Committee, and after attending before us and discussing the whole subject, examining geological maps, and visiting the locality, reported in due course.

The Committee also carefully considered this report in conjunction with that which they had already received from Messrs. TIMMINS, of Runcorn, and, after due deliberation, ultimately decided to adopt the site recommended by Mr. Gaskin, that is, “a plot of land, containing about one statute acre, on the north side of Southworth Road, in Newton-in-Makerfield, immediately west of and adjoining the Wigan and Winwick Railway (L & N. W.),” and felt every confidence in adopting Mr. Gaskin’s recommendation, because of its being the very site recommended in 1870 by Mr. HILL, the Water Engineer to the Manchester Corporation, and which, in the opinion of the Committee, is the very best site in the district for the purpose; therefore the weight of evidence was in favour of this selection, and your Committee accordingly decided upon this spot, and venture to hope that they will have no cause to regret having done so.

The next question to be decided was the terms upon which the land could be obtained for the purpose of making the test, as both Lord NEWTON, the owner, and THOMAS MATHER, the tenant, had to be considered. However, after further negotiations, satisfactory terms were made for the site.

Tenders were then invited for the construction of the Borehole, and, as you are aware, these matters all take up a considerable amount of time, but eventually the contract was let to Mr. JOHN THOM, of Patricroft, who, the Committee regret to say, was behind time as to the completion of the first part of his contract.

We now append Mr. BRIERLEY’S Report as to the work of boring to the depth stipulated by the first part of Mr. Thom's Contract:—

Town Hall, Earlestown, January 12th, 1898.

To the Chairman and Members of the Special Water Committee.

Gentlemen,

I beg to report that the Contractor (Mr. Thom), in his first operations, bored a 6-inch hole to a depth of about 36 feet, beyond this, a 3-inch hole to about 60 feet from the surface to supply water for feeding his steam boilers. He then commenced to bore a 20-inch hole to a depth of 152 feet. The greater part of the boring was through a soft yellow sandstone of a loamy nature, the last few feet being into a hard grey sandstone interspersed with streaks of red sandstone, which, in my opinion, is of a good water-bearing nature. The Contractor, having sunk to the limit of your instructions for proving the water, the boring was discontinued; a 14-inch pump and lining was fixed capable of raising 20,000 to 25,000 gallons of water per hour, to ascertain what quantity of water it would yield; on computation, this has been proved to give about 8,000 gallons an hour, and after about 10 days’ pumping the samples were taken and forwarded to the County Analyst, who reports the water to be soft and clear. The water in the boreholes rose about 10 feet after pumping operations had been discontinued, and has since stood at a normal level of about 18 feet below the surface.

I have no doubt whatever that, if boring operations are continued through the permean beds, an abundant yield of water will be obtained.

I therefore suggest that the Contractor be instructed to proceed with the boreholes as originally tendered for in his schedule of prices, to such depth as you may find necessary, which, in my opinion, should be from 300 to 450 feet, of which the previous trial borings will form part. From my long local knowledge of the district, supported by the recommendations of Mr. HILL and Mr. GASKIN, the two experts, who have reported favourably on the site, I consider the Council will be quite justified in securing it for a permanent pumping station, feeling assured you are now safe for a bountiful supply of good water.

I am, Gentlemen, Yours very obediently, RICH. BRIERLEY, Engineering Surveyor.

From the foregoing report it will be observed that a sample of the water, both from the 152 feet Borehole and the 60 feet Borehole (the latter used for supplying the steam boiler with water) was taken after some 10 days’ pumping, and submitted to Dr. Campbell Brown, the County Analyst, for his examination and report, and your Committee are pleased to learn that the quality of the water compares very favourably indeed with the water at present supplied in bulk to the Council by the L. & N. W. Railway Co.

The following is a copy of the Analyst’s (Dr. CAMPBELL BROWNS’S) Report:—

To the Newton-in-Makerfield U. D. C.

I have analysed the Sample of Water received from your Council on the 22nd day of December, 1897, with the following results expressed in parts per 100,000:—

Mark and denomination of the sample
No. 1 Well, 60ft. Boiler Feeder No. 2 Well, 20in. Borehole, 130ft
Total solid matter in solution 18.6 17.2
Organic Carbon Traces only. Traces only.
Organic Nitrogen Traces only. Traces only.
Ammonia .004 .005
Ammonia from Organic matter by distillation with alkaline permanganate. .005 .005
Nitrogen as Nitrates .371 .351
Combined Chlorine 2 1.8
Hardness 8 ½ ˚ moderate,Clear,Free from organisms. 7 ½ ˚ moderate,Clear,Few organisms.

No. 1 is excellent water. No. 2 is not bad.

As Witness my hand, this 29th day of December, 1897,

J. CAMPBELL BROWN,

D.Sc At University College, Liverpool.

The following is a Comparative Statement of Analysis of the Samples of Water obtained from the Railway Co. (our present supply), Messrs. Gillespie and Mason’s, and the Council’s Boreholes, viz. :—

(a) L. & N. W. Railway Co.’s.; (b) Gillespie And Mason’s.; (c) Council’s 152ft. deep.; (d) Council’s 60ft. deep.
Total solid matter in solution 21.92 33.44 17.2 18.6
Organic Carbon .041 .081 Traces only. Traces only.
Organic Nitrogen .021 .021 Traces only. Traces only.
Ammonia .003 .002 .005 .004
Ammonia from Organic matter .001 .001 .005 .005
Nitrogen as Nitrates .328 .393 .351 .371
Total combined Nitrogen .350 .416 — —
Combined Chlorine 2.3 3.2 1.8 2
Hardness 8.86% 14.21% 7 ½˚ 8 ½˚

It will be observed that the water pumped from the Council’s Borehole is a slightly better quality of water than what is at present being supplied to us by the Railway Co., and is 1.36 degrees softer. As regards the quantity, your Committee are advised that a yield of 8,000 gallons per hour, from a depth of only 152 feet from the surface, is a certain indication that at a depth of from 300 to 450 feet (the Railway Co.’s Boreholes are 457 feet deep) a yield of water will be obtained of such a quantity as will be more than ample for the requirements of the inhabitants of this district for many years to come. Your Committee therefore having regard to the very favourable analysis of the water by the analyst, and of the certain indication of an abundant supply at a lower depth, and, considering that there can be no more important sanitary duty that an Urban District Council has to perform—and ought to perform to the best of its ability, regardless of cost—than to insure a pure, wholesome, and ample supply of water throughout the whole of its district (though not complaining of the quality of the water at present supplied to the Council by the London and North Western Railway Co.), and the only way, in their opinion, to do this in a thoroughly and highly efficient manner is to place the control of the water supply absolutely in the hands of the Council. They are therefore unanimous in recommending the General Water Committee of the Council to at once take the necessary steps for proceeding with the whole scheme for establishing Township’s Waterworks on the site recommended, and upon which the test has been made. The work already done will, of course, become part of the permanent scheme.

Your Committee also desire to add that they have every confidence in stating that, if the work is proceeded with, the cost of the water per 1,000 gallons to the Council will be considerably reduced in comparison with the price now paid to the Railway Company. It would therefore naturally follow that on completion of the scheme, and of the necessary additional water mains, that the question of a corresponding reduction to the ratepayers could then be considered.

On behalf of the Special Water Committee,

C. B. F. BORRON, Chairman.
W. W. SHIRLEY, Clerk.

January 19th, 1898.

After a discussion it was (by eleven votes to three)

539 Resolved—That the report of the Special Water Committee now read be approved and adopted.

540 Resolved—That the Special Water Committee be reappointed, viz., Mr. Borron, Mr. Collingwood, Mr. Stone, Mr. Slee, and Mr. Thompson, to take such further steps as may appear to them to be necessary for proceeding with the scheme of establishing Township's Waterworks, with power to obtain estimates for the most suitable works and plant, and again report to this Committee as early as convenient.

[Podstar66]

This may be of interest, and it is in topic.

Improvement poster 1889_4.jpg

Pod

[radman]

Nice one!

[bob]

Interesting,

close courts.jpg

i can understand why they did this, but it looks like history is reverting back,
there are cute little close courts being built all over again now.
Bob

[radman]

WARRINGTON? GUARDIAN – 17th February, 1866

NEWTON IMPROVEMENT COMMISSIONERS

A quarterly meeting of the Newton Improvement Commissioners was held at the Board-room, in the Town Hall, Newton on Monday last. Lieutenant-Colonel McCorquodale presided, and the other members present were Messrs. Brown-Westhead, Birley, Birkenhead, Winstanley, Bramall, Cunliffe, Lythgoe, and Owens; Mr. Robert Davies (law-clerk), and Mr. Brierley (surveyor).

The minutes of the ordinary meetings held on the 13th November and 6th December wwere read and confirmed.

THE RATING QUESTION.

The LAW-CLERK stated that the first business was with reference to the gas rating of the London and North-Western Railway Company’s works. He had to report that he had communicated again with Mr. Edmunds, and also with Mr. Blenkinsop, on the subject, and Mr. Blenkinsop requested that no steps be taken in the matter until Mr. Edmunds came down again. He had since received several letters from Mr. Edmunds with reference to the matter, which he did not consider satisfactory, so he took out summonses against the company for non-payment of the rate, and they stood for hearing before the magistrates at Warrington on Wednesday. Then with respect to the future, he thought it was necessary, before they made the next rate, that they should have the best advice on the subject, and therefore he had prepared a case and sent it for the opinion of Mr. Mellish, one of the best lawyers, in his opinion, in the northern circuit. He expected to have had counsel’s opinion for that meeting, but Mr. Mellish had requested more time, and he did not think they would get it until next week.

In reply Mr. Brown-Westhead, the Law-Clerk said the company might take the case to a superior court. He was in hopes, however, that when the parties came down on Wednesday they might come to some arrangement before going to the magistrates, and he had to ask the board to sanction whatever compromise they might make.

Mr. BROWN-WESTHEAD remarked that they had not acted with the stringency which they ought to have done in this matter, and probably the railway people were under the impression that they were indifferent about it.

The CHAIRMAN suggested the matter be left in the hands of Mr. Davies to make the best arrangement he could with the parties on Wednesday.

Mr. BROWN-WESTHEAD said that, in trying to get the greatest amount of rate, they might be mulcted in heavy costs, and they ran a risk of throwing money away. He moved that Mr. Davies be authorised to settle the matter the best way he could before going into court.

Mr. WINSTANLEY would not give way to the Company because they threatened to go to a Superior court. It was their duty, acting for the ratepayers of Newton, to see that the rate was settled upon a fair and equitable basis.

Mr. OWENS seconded Mr. Brown-Westhead's motion, which was then agreed to.

AUDITING OF THE ACCOUNTS.

The LAW-CLERK said the next business was to take into consideration the claims of Mr, Rees, the poor-law auditor, to audit the Commissioners accounts. The Board having borrowed money from Government, he had been directed to audit the accounts, and wrote to him (Mr. Davies) to say that he should like to do so at once. He replied that their financial year ended on the 24th of June, and that it would be exceedingly awkward and expensive to get the books ready in the middle of the year, and asking him to defer his audit until midsummer. Mr. Rees replied that he would do anything to accommodate the Commissioners, but that he ought to have audited their accounts for the last year. He (Mr. Davies) wrote back and told him that he would report the matter to the Commissioners at this meeting, and that he had no doubt the Board would say he was at liberty to audit the accounts for the year ending 24th June last. He had a reply from Mr, Rees stating that he had appointed Thursday, the 15th March, to audit these accounts, and that if that was an inconvenient day he would alter it.

Mr. WINSTANLEY asked who was to be at the expense of the audit.

The LAW-CLERK said the Commissioners would have to pay Mr. Rees.

Mr. WINSTANLEY said it was very desirable they should keep down expenditure as much as possible. According to their own Act of Parliament their books were to be kept from a certain day in the year to another, and Mr. Rees could not compel them to make any alteration.

The LAW-CLERK. – You have adopted parts of another Act of Parliament which overrides your own Act, and empowers the poor-law auditor to audit your accounts. You cannot resist his claim.

The CHAIRMAN thought it was not desirable they should attempt to resist it. Mr. Rees would see in a minute how the money they had borrowed from Government had been expended. The subject then dropped.

PROPOSED PURCHASE OF LAND.

The CHAIRMAN said their next business was to consider the propriety of purchasing a plot of land, the property of Mr. Peter Mayer, and adjoining the Gas Works. He understood that Mr. Winstanley had offered to purchase the land in the event of the Commissioners declining to do so, and it would be only fair towards Mr. Winstanley that they should come to a decision with respect to the matter that day. The only difficulty in the way was that the Commissioners had no money with which to purchase it.

Mr. WINSTANLEY said if the Commissioners wanted an additional plot of land they would make a great mistake if they did not purchase the plot in question.

The LAW-CLERK reminded the Board that their borrowing powers were exhausted. If, however, the Commissioners thought it necessary they could perhaps get powers.

The CHAIRMAN said they should make the application for powers to borrow. At the present time they could not supply sufficient gas, for which they had frequent applications, Earlestown was increasing to an enormous extent.

Mr. WINSTANLEY said he had no interest in the matter at all; but if the Commissioners did not care about purchasing the land, he would purchase it, as he had already offered to do, and he would let it to the Commissioners as long as they liked to keep it for £35 a year.

On the motion of Mr. Bramall, seconded by Mr. Brown-Westhead, Mr. Winstanley's offer was accepted.

MISCELLANEOUS.

The SURVEYOR stated that the gasworks were very inadequate to meet the increasing demand for gas, and referred to the several parts of the gas plant which required enlarging before the following winter. There were already upwards of 200 houses wanted supplying, and they were fast increasing; but as the funds were exhausted, he was not in a position to comply with their requirements.

The CHAIRMAN asked the clerk (Mr. Davies), if a portion of the public loan, from the Home Office, could not be obtained for the purpose, in lieu of some of the streets works, as intended.

Mr. DAVIES—I should think so.

It was ultimately agreed that the law clerk be instructed to apply for the loan of £1,500 from the Home Office, for the purpose of enlarging the works and extending the gas mains.

The SURVEYOR said there was another point to which he wished to call the attention of the Board. The Commissioners having agreed to the diversion of Wargrave-lane, across the London and North Western Railway, at Earlestown, subject to certain conditions with the company,—he found on examining the deposited plan for the diversion that the company proposed to make the new road 10 yards wide, and the width between the abutments of the bridge only 25 feet, with an archway 15 feet clear. He wished to advise the Board to call upon the Company to construct the bridge of iron girders, with 16 feet headway, and 30 feet instead of 25 feet between the abutments, so as not to become an obstruction on the proposed line of street.

Mr. BRAMALL stated that he considered that the diversion of the road at all would become very inconvenient to Wargrave, and to the Vulcan foundry, which would be shut out from a good road.

Mr. LYTHGOE observed that many complaints were made to him, as to the diversion of the road, by ratepayers at Earlestown.

The LAW-CLERK, who was asked if he was too late to petition against the bill, stated it was not too late, but anything intended to be done by them must be done immediately.

It was ultimately resolved, that the Law Clerk be instructed to apply to the railway company to carry out the Surveyor’s recommendation: should they not consent to do so, that he be instructed to take proceedings to petition against their bill.

The meeting then broke up after sitting 3½ hours.

[radman]

GUARDIAN - SATURDAY, DECEMBER 1st, 1866.

NEWTON-IN-MAKERFIELD IMPROVEMENT-COMMISSIONERS.

A quarterly meeting of the Newton-in-Makerfield Improvement Commissioners was held at the Board-room, Town Hall, Newton, on Thursday afternoon. Captain Birley presided, and the other members present were Messrs. Brown-Westhead, W. E. Winstanley, Bramall, Cunliffe, Lythgoe, and Forster; Mr. Robert Davies, Iaw-clerk; and Mr. Brierley, surveyor.
The minutes of the last general meeting having been read and confirmed, the SURVEYOR road the minutes of the

PUBLIC WORKS COMMITTEE.

At a meeting of this committee, on the 6th September, the surveyor was instructed to inspect the west end of Earlestown, and report as to what he considered the best mode of sewering the district, and prepare plans accordingly.
The SURVEYOR stated that he had prepared particulars of expenditure on the public works loan, and submitted the same to the Poor-law Board, with a view to further advances being obtained; and also that Mr. Arnold had made an inspection of the works in progress and particularly requested that moveable covers should be provided to all manholes.—It was resolved that the surveyor be instructed to provide the necessary moveable covers for man-holes.

At a meeting of the committee, on the 3rd October, the Surveyor reported that he had inspected the west end of Earlestown with a view to lay down a proper sewerage scheme. Plan for the same, together with his report thereon, were submitted and approved, Mr. Bramall observing that Mr. Legh was prepared to make use of such money from the public work loan as the commissioners could place at his disposal for street and sewerage works.

At a meeting of the committee on the 7th November, the Surveyor read a statement of works not done, although provided for under the public works loan, when it was moved by Mr. Winstanley, and resolved, that the £900 estimated for Crow-lane be placed at the disposal of Mr. Leigh for further private works in the making and sewering of the west end of Legh-street (formerly School-street), Earlestown, and that the sewering off Crow-lane be hereby abandoned as not being immediately required.—The Surveyor reported that the street was in a wretched and disgraceful condition, and that it would better facilitate its progress if now proceeded with.—It was resolved that Mr. Porter’s tender for the work, being the lowest of the present contract, be accepted and the work proceeded with at once.

Mr. BRAMALL asked the surveyor what length of sewer the £1000 would make.

The SURVEYOR said from the cross road leading from Earle-street to Fazakerly’s farm.

Mr. BRAMALL thought that was too much for Mr. Legh to do. He should only be asked to go the length of Viaduct-street, beyond which, in all probability, there would be no more land let for building purposes, for many years to come.

Mr. WINSTANLEY said the question was, how much would be paid for the necessary sewer by Mr. Legh and the leaseholders; in point of fact, how much by the public and how much by the landlord?

Mr. BROWN-WESTHEAD said it was for Mr. Legh and the leaseholders to settle that.

Mr. BRAMALL said Mr. Legh only intended to go so far, and he thought the Commissioners ought not to compel him to go to where land would not be required for some years.

Mr. BROWN-WESTHEAD.—He said he would do work to the extent of £900, and not go beyond that. I think we had better see that we are within the margin.

Mr. WINSTANLEY said it was not a question whether the amount would be enough, but who should bear the expense of making the outfall sewer. Mr. Legh said he was willing to go up to a point where his land was likely to come in demand for building purposes, but did not feel disposed to go to that point where the Board proposed their public works to commence. Now it was for them to consider whether the onus of making that link in the chain should fall upon Mr. Legh, or whether they could devise a plan whereby the public might do it and charge Mr. Legh for it when the land came in as building land. They had adopted that plan in Newton and on the other end of Earlestown—that the ratepayers should make an outfall from such a convenient point as to enable the leaseholders or property owners to drain into it. They were now asked to do the same thing at the west end, but the question was, where should the sewer begin? The matter was in a very narrow compass.

The LAW CLERK.—In other words, how far It is for the public to carry the sewer so as to meet the sewer of Mr. Legh’s leaseholders.

Mr. BROWN-WESTHEAD.—Are the ratepayers inclined to speculate to the extent of joining issue with Mr. Legh on the subject.

Mr. WINSTANLEY said they were bound to find an outlet somewhere.

The LAW CLERK said he thought it would be better I for the commissioners to make the present bargain than trust to what might be put into future deeds.

Mr. BRAMALL.—If Mr. Legh spends £1000, I think you ought to do the remainder.

The SURVEYOR said the expenditure of £1000 would carry the sewer to the point he had mentioned.

The Board concurred in the opinion that, if that were the case, there was no necessity for further discussion and the minutes of the committee were then confirmed.

Mr. WINSTANLEY said there was one matter he wished to call attention to, but not for the purpose of raising a discussion on it. There was a clause in the Commissioners Clauses Act, which said that the commissioners should not enter into contracts, or expend in any way more than £100, without giving notice of their intention so to do at one meeting, and confirming it at the next. They were not allowed to enter into a contract for more than £100 without giving notice, and he thought they had forgotten that at their committee meetings. It was a very important matter. It was not a good plan for them to meet without notice, and incur a large expenditure of money without having more time to reflect upon it.

The CHAIRMAN said they had no money to expend, except what they had from the Public Works Loan Commissioners.

The LAW CLERK said the clause, referred to by Mr. Winstanley applied to the expenditure of that money as well as any other money. It was necessary that ten days’ notice should be given in the newspaper circulating in the district before the money was expended. The clause applied to every £100 they expended in the way of contract.

HIGHWAY COMMITTEE.

The minutes of this committee contained nothing of public importance.

The SURVEYOR wished to call the attention of the Board to the fact that a party who had erected some property in Haydock-street had made alterations from the plans which he submitted for the approval of the commissioners in the matter of coal grids. When the plans were deposited with him he saw that coal grids were put down from two to three feet, and he told the party that that could not be allowed. He happened to be in the street the other day and was told that the man had given instructions to the builder to pull down the nine-inch walls and build them one foot nine inches; from the building. It was time the commissioners took up this question. The man told him he would fight the commissioners for it.

Mr. BROWN-WESTHEAD said they should insist upon the party altering the grids to the size they approved. The Surveyor said the street was not yet in the hands of the commissioners.

Mr. WINSTANLEY remarked that they had the same power over a private street as any other, because they had power to make them and charge the owners with the expense. He thought they had power to compel the party the surveyor had referred to alter the size of the grid to the size they approved of; but if they once gave permission to a man to make a window with a grid in front of it, there was considerable doubt whether they had power to compel him to alter it. If the commissioners tried to compel him to make alterations under such circumstances, he, as an individual, would contest their right to do so.

The LAW CLERK said he would look into this matter and see what powers the commissioners had, and then give Mr. Brierley the necessary instructions.

A conversation took place with reference to the removal of night soil, in course of which Mr. Cunliffe suggested that it should be done by the commissioners.

Mr. WINSTANLEY said if they undertook to do it I they would require to keep two or three men and a horse and cart; and there was not much prospect of the manure being sold when the farmers declined to take it, even when paid for doing so.

Mr. CUNLIFFE said the farmers would take it and give 1s. a ton for it if it was ready at hand for them when they wanted it. They could not be expected to take it when they were busy with other work.

Mr. BROWN-WESTHEAD moved that Mr. Hunt’s offer to remove the nightsoil for one year for £40 be accepted.

Mr. FORSTER seconded the motion, which was agreed to.

WATER COMMITTEE

At a meeting of this committee on the 26th Sept. (Mr. Winstanley in the chair), the surveyor reported that Mr. Moon, the chairman of the London and North-Western Railway Company, had arranged to hold an interview with this committee on the question of a supply of water to this district on the following day, at Earlestown Railway Station.—On the motion off Mr. Birkhead, seconded by Mr. Lythgoe, it was resolved, that Colonel McCorquodale, Captain Birley, and Messrs. Winstanley, Owens, and Bramall, form a sub-committee to meet Mr. Moon.—Moved by Mr. Lythgoe, seconded by Mr. Birkhead, and resolved, that this committee recommend the making of arrangements with the Railway Company to supply the township with water on fair and equitable terms to be hereafter agreed upon, subject to the approval of the Commissioners.

At a meeting of the committee on the 16th October, the Chairman (Colonel McCorquodale) announced the result of the interview with Mr. Moon, stating that the Railway Company were willing to supply water to the township on the same terms as at Crewe, the Commissioners to lay and provide their own mains as may be required for such distribution. The question of having the future supply of gas from the Railway Company was also discussed, and it was unanimously recommended that the Commissioners arrange with the Railway Company for a supply of water (say 50,000 gallons, per day) and that the Chairman apply to the Company for terms of supply. It was also recommended that when the present gas holders and plant fail to meet the increasing requirements of the district, the committee are favourable to an arrangement with the Railway Company for a supply from their works for a quantity not exceeding 10,000 feet per day.

[radman]

GUARDIAN SATURDAY, MARCH 17, 1866.

NEWTON IMPROVEMENT COMMISSIONERS.

A special meeting of the Newton Improvement Commissioners was held at the Board-room, in the Town Hall, Newton, on Thursday afternoon last. Colonel McCorquodale presided, and the other members present were Messrs. Birley, Brown-Westhead, Birkhead, Foster, Lythgoe, Owens, and Cunliffe; Mr. Robert Davies (law clerk), and Mr. Brierley (surveyor).

THE RATING QUESTION.

At a meeting of the Board on the 16th February, the law clerk stated that he had received the case and opinion of Mr. Mellish Q.C. respecting the rating question, and proceeded to read the same. The following is a copy of the opinion:—

1. I am of opinion that the Earlestown Wagon' Building Works of the London and North-Western Railway Company are rateable as a whole to the gas rate. I am of opinion that the company are rateable in respect of such works on their full rateable value.

2. There is great difficulty in construing the proviso at the end of section 41, and I am not at all certain what view a court would take of it. I am of opinion, however, that the railway and canals are liable to be rated for their whole length respectively within the district in case a public lamp happens to be fixed within 100 yards of some part thereof.

3. I am of opinion that the railway and canal companies cannot claim any general exemption from rateability to their full net annual value, except in the case of the improvement rate.

4. I am of opinion that when a public lamp stands within 100 yards of a field forming part of a farm, the whole farm, including farmhouses and outbuildings, are to be rated. The whole farm, as it appears to me, forms one property.

5. I am of opinion that the whole property is rateable in the case supposed in this question also.
After some discussion, it was unanimously resolved that Mr. Davies, the law clerk, should have an interview with Mr. Blenkinsop, and propose to him that, as Mr. Mellish could not pronounce a positive opinion as to the liability of the company to be rated to the gas rate on the full length of their line, that point should be conceded on condition that they agree to abide by the opinion in other respects.

The Law Clerk said that, in pursuance of the above resolution, he went to London to see Mr. Blenkinsop. He did not see him, but he saw Mr. Preston, a gentleman with whom he had had something to do before, and who was well up in this matter; and, after some discussion, they very soon agreed that the best course was to act upon the opinion of counsel as it stood. With respect to section 41, and the doubtful proviso at the end of it, he conceded that point, and got the others granted. They went through the whole case, and agreed that it would be better to accept the opinion of counsel, and it would be acted upon by the London and North-Western Railway Company in future.

The CHAIRMAN said he was very glad the question had been satisfactorily settled. Mr. Bramall attended their last meeting, and said that he would consider it his duty to receive rent for each field separately, if the commissioners were going to adopt the plan of charging the whole farm because there happened to be a lamp within one hundred yards of it. He apprehended that would make a great difference.

Mr. BIRKHEAD said that, instead of receiving rent for the whole farm, Mr. Bramall would receive a separate rent for the field which was within one hundred yards of the lamp, in order that the whole farm might not be taxed. That was his opinion of it.

Mr. CUNLIFFE said the best thing they could do was to act in accordance with counsel's opinion, and let Mr. Bramall say anything he liked.

Mr. BIRKHEAD said there was a farmer in the district who occupied a field which was within one hundred yards of a lamp, and yet the whole of his farm, buildings and all, were taxed for it.

Mr. BROWN-WESTHEAD hoped the Board would take a fair and impartial view of the question. If the farmers were not taxed he should feel aggrieved, because he thought he was paying more at present than he was entitled to pay.

The LAW CLERK said the Board would observe that there was a material difference between the parties. With respect to the Railway Company, Mr. Mellish said there was great difficulty in construing the proviso at the end of section 41, and he was not at all certain what view a court would take of it; but he was of opinion that where a lamp was within one hundred yards of a field forming part of a farm, the whole farm must be rated.

Mr. BROWN-WESTHEAD thought it was a very questionable point whether, under such circumstances, Mr. Bramall could divide the farm.

The CHAIRMAN said he could not see why Newton Park Farm should be assessed because there happened to be a few lamps near it on the Winwick-road. He could not see the justice of it.

The LAW-CLERK said that in discussing this question they must not lose sight of the fact that agricultural land was only rated to one-fourth.

In reply to the Chairman, the Law-Clerk said it was not necessary that the Board should pass any resolution on the subject, because they had given instructions to Mr. Brierley to prepare the rates in accordance with counsel’s opinion, and now the Board had only to confirm the rates.

THE RATES FOR THE ENSUING YEAR.

The Surveyor then produced his “budget,” and stated that they would require £1,151 11s 11d for highway purposes, to raise which he proposed a highway rate of 10d in the pound; for improvement purposes £237 was wanted, and this would be raised by an improvement rate of 3d. With regard to the gas rate, which had been 1s before, he thought he could do with 10½d this time.

The CHAIRMAN observed that that would give satisfaction.

Mr. BIRKHEAD deprecated any reduction of the gas rate, which, he said, was the only one from which they got anything. The works would have to be extended, and they would want all the money they could get.

Mr. LYTHGOE remarked that they had increased the other rates, and he thought it was better to reduce the gas rate when they could do so.

The SURVEYOR said that £299 5s 10d would be required for sewerage purposes, and the proposed rate was 2½d.

Mr. BIRLEY proposed that a highway rate of 10d; an improvement rate of 3d; a gas rate of 10½d; and a sewerage rate of 2½d in the pound, be made for the ensuing year.

Mr. BROWN-WESTHEAD seconded the motion, which was unanimously agreed to.

ARREARS OF RATE.

Mr. Appleton (collector of rates) stated that there were several ratepayers in arrear, and he wanted some instructions from the Board as to what steps he should take to compel payment.

The Chairman said it was very unsatisfactory for parties to be in arrear, and to allow them to be so was unfair to those who did pay. He would suggest that proceedings be taken against defaulters.

Mr. BIRKHEAD moved that the collector be instructed to demand payment of the rates, and where necessary to instruct the Law-Clerk to take proceedings against defaulters.

Mr. FORSTER seconded the motion, which was agreed to.

The seal of the Board was then affixed to the rates, and the proceedings terminated.

[radman]

About time we had another one of these - this is the earliest report I have of the improvement commissioners (so far).

The Warrington Guardian, November 18th, 1865

NEWTON IMPROVEMENT COMMISSIONERS

On Monday last the usual quarterly meeting of the Newton-le-Willows, Improvement Commissioners was held at the Town Hall, Newton. There were present Captain Birley, Messrs. Bramall, Winstanley, Owens, Brown-Westhead, Lythgoe, Forster, Birkhead, and Cunliffe.

In the unavoidable absence of Lieutenant-Colonel McCorquodale, Captain Birley was called to the chair.

The minutes of the last meeting, having been read,

The SURVEYOR (Mr. R. Brierley) read the minutes of the Public Works Committee, of which the follow are the most important portions:--

At a meeting on the 4th October, Colonel McCorquodale in the chair, the surveyor presented tenders for the proposed sewerage works, in accordance with the minute of last meeting; after some discussion that of Messrs. Bethell and Caldwell was accepted. It was as follows: Commissioners’ length of sewerage £447 11s 6d; Mr. Legh’s length £471 1s 2d—extra for rock excavation 1s 2d per cubic yard. The necessity of extending the line of sewerage from the junction of Church-street and Bridge-street, along the Southworth road, to Mr. Westhead’s gate, having been discussed at some length, it was resolved that the surveyor prepare an estimate of the cost, to be submitted to the next meeting.—The surveyor laid before the committee the drawings and specifications for re-forming, paving, &c., of the west end of High-street (showing also the improved line of front on each side), which were approved of. Tenders were received for carrying out the work. After some discussion on the importance of first sewering the street, and of the heavy outlay—in accordance with the tenders—it was moved by Mr. Westhead, seconded by Mr. Birley, and resolved, that inasmuch, as the existing sewer would probably answer efficiently for some years to come, and in consideration of the proposed outlay being of a per¬manent nature, without incurring further expense, the tender of Messrs. Bethell and Caldwell be accepted, such tender being the lowest. (Amount, £1,308 7s 11d—less materials in stock, £104.)—Permission was given to Messrs. Gillespie and Mason to connect the sewerage from their works with the Commissioners main sewer.—The surveyor was instructed to prepare drawings, &c., of a proposed tank for the deodorising of the sewage below Newton Hall.—The surveyor reported that the funds borrowed under the Public Works Loan Act were almost expended—that it would be desirable to make early application for a third instalment, that same would require a balance sheet showing the particulars of the monies expended, and that it would be necessary to deposit fresh plans with the Poor Law Board, showing the intended alterations and deviations from the original plans and estimates. It was resolved that application be made for £3,000, and that the surveyor prepare the balance sheet, plans, and estimates, &c.—Resolved that three months’ notice be given to Mr. Thomas Gregory, to relinquish the office of clerk of works, and that his services will be no longer required after that time.—Accounts were passed for payment amounting to £51 19s 7d.—At a meeting on the 1st November (Col. McCorquodale in the chair) the surveyor read his report on the several works in progress, and also submitted plans and estimates for the sewerage of Southworth-road, when it was, resolved that in consequence of ether parts of the district being more in need of sanitary improve¬ments. that the sewerage of Southworth-road be for a time deterred.—After some discussion, as to the propriety of sewering the west end of Earle-street, the surveyor was instructed to prepare the, necessary plans, specifica¬tions, &c., so .that the work may be proceeded with.—The surveyor applied for instructions to proceed with the re-forming, flagging, &c., of Bridge-street and Earle-street, as far as the co-operative stores, with the Commissioners’ own staff of men—Instead of by contract—explaining that the nature of the work could scarcely be contracted for in one lump sum, and that some portion of the work in Earle-street was not arranged for under the Public Works Loan: Resolved that the work be proceeded with, as recommended by the surveyor.—Sundry accounts were passed for payment.
The following minutes of the Gas Committee were also read:—

At a meeting on the 4th October (Colonel McCorquodale in the chair), Surveyor reported that he had applied to Mr. Peter Mayor for the terms upon which he would sell his tile works, which he had not yet received. This matter was consequently deferred till next meeting.—The surveyor also reported that he had numerous applications for gas, and that it would be desirable to engage another fitter, temporarily, to meet the increas¬ing demands. Resolved, that the surveyor employ such assistance as he may consider necessary to meet such de¬mands.—Accounts were ordered to be paid amounting to £45 4s. 3d.—At a meeting on the 1st November (Colonel McCorquodale in the chair) the surveyor reported that he had been over the viaduct works, along with Mr. Edmunds on behalf of the Railway Company, with the view of ascertaining what portion thereof was within the limits of the act as being assessable to the gas rate, now in dispute. The surveyor explained that the bulk of the property exceeded 100 yards from the nearest public lamp, although some portions were contiguous and adjoined, and more particularly so the wagon shed and paint shop, the only division being a boarded par¬tition (glazed), after reference to the plan, it was unanimously recommended that the London and North Western Railway Company’s account for gas rate be amended, as it appears from the interview between the surveyor and Mr. Edmunds on the part of the company, that the bulk of the property is capable of separation, being beyond the prescribed limit, and therefore exempt.—Some discussion ensued as to the necessity of lighting the streets and property of the Railway Company north of Earle-street: It was resolved that the necessary steps be taken to light the streets with gas. The surveyor stated that for the three months ending the 1st October last, the cost of making gas was 2s 8d per 1,000 feet (in the holder), which was 7d per 1,000 feet less than any previous return, and recommended a reduction of price to consumers, by which the consumption would increase, and the gas doubtlessly be made at a further reduction of about 2d per 1,000. The subject was discussed as to whether it would be advisable to reduce the consumers price, or the gas rate, which was adjourned for further consideration.—Resolved, that the surveyor order the cutting off of all gas supplied to consumers whose arrears, are unpaid, after one month’s notice being given, after the expiration of the usual month’s grace—Accounts were examined and passed for payment amounting to £91 12s 5d.

Mr. WINSTANLEY asked, with reference to the rating of the London and North Western Railway, whether it would not be advisable to obtain counsel’s opinion as to whether any portion of the viaduct works could be separated, from the remainder, for rating purposes. The fact of certain parties going over the works and finding that, if a line were drawn, a portion would be more than 100 yards from the nearest lamp, went for nothing: they knew that before: and, so far as the minutes were concerned, there was no further light thrown on the subject.

The LAW CLERK (Mr. Robert Davies) said—Mr. Edmunds called to see me, early onto morning, on this subject, and I told him I was not aware of any such minute having been passed by the com¬missioners, or that they had any intention of passing one: I said it was a most serious question, because it would be equivalent to our giving up—at a rough guess—£150 a year, whereas our gas rate was limited to 1s in the pound; that I was not prepared to consent to anything of the sort, and I had written twice to the London and North Western Railway Company for payment. Mr. Edmunds asserted that the rates in question had been paid until I sent an account, made out by Mr. Appleton, showing that he was wrong; and the proposal that I made to the Company—and that now stands, having never been answered—was this: I said—If you don’t pay the rate, will you allow the question to be tried upon its merits? or, if you choose, pay the current rate, and try it upon the next. We will give you every facility for doing so. Well, he said he could not say—it was a matter to be left to the Com¬pany’s solicitors. I said—Your argument about paying so many rates in Newton is perfectly fallacious, because you have not only a canal, but three lines of railway through the township, and if you take so much land you must expect to pay rates in proportion—there is no doubt about that. Mr. Edmunds said he considered it a hard case, but I said I did not see it: moreover, I told him that I was totally unaware of the point, and that I considered it my duty to tell the commissioners’ at their next meeting, what the consequences of abandoning the rate upon part, of these works would be—the giving up of £150 a year in perpetuity and creating a precedent that never could be up¬set in any court in England.

Mr. BROWN-WESTHEAD—The Railway Company feel aggrieved on this account: that there is a great quantity of land in the township which pays no gas rate at all, though portions of holdings are within the prescribed area. Certain properties are wholly exempt, and the Company expect at least so much of their works to be exempt as is beyond 100 yards of any lamp-post. My property, for instance, does not come within that limit, and of course I don’t pay.

Mr. WINSTANLEY—If your house is not rated, my impression is that it ought to be.

Mr. BROWN-WESTHEAD—My house is above 100 yards from the road. I have a beneficial occupa¬tion, I admit, of land adjoining the road, and I have the use, in common with the public, of the lamps along the road. I think, myself, that the Company ought to be assessed, but there should be a re-assessment of the whole township, and all rated equally,

Mr. WINSTANLEY—Do I understand that Mr. Westhead pays no gas rate at all?

Mr. BROWN-WESTHEAD—None.

Mr. WINSTANLEY submitted that there was a dereliction of duty on some one’s part.—In the course of some further discussion, he argued that here were works erected for carrying on a certain business: the law never contemplated any division of them for rating purposed, and if the commissioners took the course which was recommended by the committee, what position would they be in? When they carried gas down to the Vulcan foundry Messrs. Tayleur would immediately say—There is a portion of our works more than 100 yards from the highway, and we shall not pay the rate. So with other works in the neighbourhood, it was a very grave question indeed, and one that they ought only to concede when fully satisfied that the law was against them.

The CHAIRMAN positively objected to their making any concession at all.

Mr. BROWN-WESTHEAD said that all property a within the limits described ought to be rated—land, however, at one fourth the amount put upon buildings, which was only legitimate.

The LAW CLERK—But Mr. Edmunds argues, “If a farm consists of 200 acres, and there is one yard within your limits, that one yard is some part of the ‘house or other property’ that is, to say, the farm—end therefore the farm of 200 acres ought to be assessed. I Said, the difficulty lay in this—that our Act of Parliament, instead of being founded upon the general Acts, was put in, a very special way—that there was no public Act that contained words at all like these, which no one in the world can—except by surmise—tell the meaning of—“Provided that no person shall be liable to be rated in respect of any house or other property until such house or other property shall have a public lamp lighted and fixed within 100 yards of some part thereof.” I say there is no construing it.

Mr. BROWN-WESTHEAD said it was impossible the Company, could escape payment, but they might demand that all property in the township should pay according to the ratio specified in the Act.

The CHAIRMAN—You say there is no doubt that the Railway Company are liable, yet you agree with this minute of the Gas Committee.

Mr. BROWN-WESTHEAD—I don’t say that I agree with it; it was merely a recommendation to this board, with a view to the question being discussed. I certainly would recommend that the Company be not charged until other property in the neighbourhood—my own included—is rated. If I am exempt, along with others, I think the Company ought to be exempt, but I do not recommend the Commissioners to concede anything that they are legally entitled to. Let all property pay in proportion to the value which accrues to it from the lighting of the roads.

Mr. WINSTANLEY—Well, we have an Act of Parliament for our guidance; we have placed ourselves in the hands of law advisers, who, to this time have advised us that land is not assessable beyond a hundred yards from a lamp-post; we have acted upon that advice till now; we have treated the Railway Company the same as every other party in the township, and I don’t see that there is the slightest reason for any departure from the course which we have taken. If the Railway Company think themselves badly treated, or that we have administered the law improperly, they are open to take what course they like. Do not let us, because they grumble, alter our course of proceeding without knowing whether we are doing right or wrong: we shall only be stepping out of one difficulty into another. We shall be relieving the London and North-Western Railway Company from a difficulty, only to place Mr. Legh in a similar one. It won’t relieve us one bit.

During further discussion, the LAW-CLERK said it was clear they would have to fight the Railway Company some time or other. He wanted the Company to pay this rate, without prejudice, and, upon the next, go to Kirkdale, and settle a case, by consent for the decision of the Court of Queen’s Bench, thinking that would be the cheapest way of meeting the difficulty. Personally he was anxious that the Commissioners should avoid litigation, but he was sorry that this was not a solitary case—The Railway Company now employed a gentleman to look after the rates, and he made it his business to cut them down as low as possible.

Mr. BIRKHEAD proposed that the Law-Clerk be instructed to take proceedings against the Railway Company for the recovery of the rates now due.

Mr. WINSTANLEY seconded the proposition, stating that he did not see how they could object to payment because they had neglected to give notice of appeal.

The LAW-CLERK in reply to a question put by Mr. Brown-Westhead, stated that the railway Company’s objection to the rating of their works was something new. They employed Mr. Edmunds specially to look into the rating department, and it was a new thing to enquire into the rates in the way they were doing. He did not find fault with them for it; only he thought they might do the thing in a more business-like way. He had written and re-written to them, but could get no satisfactory reply. Why did not their solicitors say what they would do?

Mr. WINSTANLEY said he believed, from his experience as an overseer, that they could obtain payment of rates from the London and North-Western Railway Company only by compulsion. They had put the overseers to very serious inconvenience, and with reference to a portion of the poor’s rate the overseers were under the disagreeable necessity of taking out a warrant.

Mr. BIRKHEAD bore similar testimony to the conduct of the Company. He believed unless some very decided step was taken the commissioners would not get a penny. As an overseer he had been put to very serious inconvenience; if it was his own money he had been begging for he could not have said more, and all that he could extract from Mr. Edmunds was a simple promise. On more than one occasion he was compelled to borrow money at interest, to meet the Union calls in consequence of this delay on the part of the railway company; and they would not pay until a warrant was issued.

After some further discussion,

Mr. BROWN-WESTHEAD moved, as an amendment, (which was seconded by Mr. Owens) that the subject be deferred for consideration till the next quarterly meeting. His object, he said, was to get an equitable assessment of the whole township.

Mr. BIRKHEAD asked if they could afford to lay out of their money quarter after quarter. He had not paid his rates, and should positively refuse to do so if the railway company did not pay theirs. The Commissioners might cut off his supply if they liked. (Laughter.)

The resolution was carried by a large majority.

The minutes of the Public Works, Gas and Highway Committees were agreed to, except such part of the minutes of the Gas Committee as relates to the rating of the London and North-Western Railway Company's Works.

The suggestion of Mr. Brown-Westhead, as to procuring a redistribution of the gas rate, in order that it might fall equally upon all, was discussed; and Mr. Brown-Westhead proposed that the Law Clerk should be instructed to procure counsel’s opinion.

Mr. WINSTANLEY seconded the proposition, which was ultimately put in the following form, and unanimously agreed to—“That the Law-Clerk do take Counsel’s opinion with respect to the construction of the 41st, 47th and 48th sections of the Improvement Act, and upon such other points as he may consider necessary as to the question of rating.”

Considerable discussion took place upon a question raided by Mr. Birkhead, as to whether it was proper for the Commissioners to charge the cost of flagging and re-paving portions of Bridge-street and Earle-street upon the owners of property abutting thereon. Mr. Birkhead submitted that all parties should be served alike: if one paid all should be made to pay but if the charge was improper, those who had paid should have their money returned to them.

Mr. WINSTANLEY said a rule should be distinctly laid down that, whenever a street had not been flagged before, the owners of property should pay for its being done.

Mr. BIRKHEAD mentioned a case in which two cottages or shops had been erected, and the owner compelled to pay for the flagging and curb-stones in front, whilst the owner on the opposite side had never been asked to do anything, but was relying upon the Commissioners doing the work and paying for it.”

A rather warm discussion ensued, in which Mr. Cunliffe, Mr. Birkhead, and Mr. Winstanley took part. Ultimately the following resolution was passed, on the motion of Mr. Winstanley, seconded by Mr. Birkhead:—“That in any street not heretofore sufficiently provided with proper footpaths, where the Commissioners determine to provide such street with a proper footpath, the cost shall be recovered from the occupiers of the lands abutting upon such streets, according to section fifty-three of the Town’s Improvement Clauses Act 1847.”

A short discussion took place on the propriety of adopting the Local Government Act in Newton, the Law Clerk stating that it was well worthy the consideration of the Commissioners, as he found, on carefully looking into it, that it contained all of what might be called the modern improvements, the saving of stamp duty, &c. It had been adopted in its entirety in Warrington, and already, in Newton, they had adopted two sections, enabling them to borrow money from the Public Works Loan Commissioners. There was, however, no immediate hurry.

Mr. WINSTANLEY asked if the adoption of the Local Government Act would increase their borrowing powers.

The LAW-CLERK believed it would, with the sanction of the Secretary of State.

Mr. WINSTANLEY said in that case he should oppose it most strongly. Had it not been for certain restrictions in their local act they would have been plunged into three times the expense that they had been.

Mr. BROWN-WESTHEAD took a similar view.

The LAW-CLERK said under the Local Government Act their accounts would require to be audited by the Poor Law auditor.

Mr. WINSTANLEY said that would be of great advantage.

The LAW-CLERK.—It would cost £20 or £25 a year.

Mr. WINSTANLEY.—The very best investment the township could make. The auditor examines every item most minutely, and if not strictly legal out it goes.

After some further discussion the subject dropped, without any formal proposition being made.