The ordinary monthly meeting of the Town Council of Carlisle was held on Tuesday morning. The following is a list of the members of the Council; those with the letter "P" opposite their names were present on Monday; those with "A" were absent: --
THE MAYOR (S. J. BINNING, Esq.)....P
ARMSTRONG, Thomas .....P FORSTER, Richard ........P
BRISCO, Robert ..............P HARDY, C. P...................P
CROWDER, W. I. R...........P SIMPSON, Robert ..........P
DUGDALE, Thomas .........A TODD, Joe .....................P
ERRINGTON, Donald .......P WILSON, William .......... P
AIKIN, John ....................P MOFFET, John ..............P
ARMSTRONG, Charles ...A MAXWELL, William .......P
BLAYLOCK, Samuel .......P NANSON, Thomas .........A
BLAIR, Thomas ...............P PALMER, Nathan ..........A
BEWLEY, George ............P STEWART, Barwise ........P
BENDLE, Joseph ............P SAUL, S. G. ...................P
CREIGHTON, J. R. ..........P SCOTT, John ................P
DOBINSON, H. ...............A THOMLINSON, John .....P
DOVE, George ................P THOMPSON, Andrew .....P
DIXON, F. P. ...................P WRIGHT, Thomas ..........A
GARDHOUSE, William ...A WRIGHT, William ...........P
HAIR, James ..................P WHEATLEY, J. A. ...........P
JAMES, Isaac .................P WALKER, J. D. ..............P
KIRKBRIDE, John .........A WANNOP, J. C. ..............A
MILBURN, Thomas ........P
The Town Clerk (Mr. NANSON), the Committee Clerk (Mr. CARTMELL), the Surveyor (Mr. R. U. McKIE), the Chief Constable (Mr. MACKAY), the Medical Officer of Health (Dr. ELLIOT), and the Inspector (Mr. ROBINSON).
THE LATE MR. HEAD.
At last meeting a resolution was passed conveying to the relatives of the late Mr. HEAD of Rickerby the condolence of the Council, which at the same time expressed its high sense of his public services. To-day, a letter was read from Mr. McINNES, saying that he would immediately forward a copy of the resolution to other friends and relatives, "who," he said, "like myself, will be much interested by this tribute to his memory from the citizens of his native place."
The Health Committee recommended that several sums, amounting in the whole to about 60l, be "discharged as irrecoverable." -- Mr. STEWART: How are they irrecoverable? -- The Town Clerk: On various grounds; for some the parties were never liable.
THE REPAIR OF STREETS.
The Health Committee recommended that the owners of property in all streets between Union Street and Brook Street have notice to repair these streets. -- Carried.
Mr. CROWDER asked if anything was likely to be done in regard to Chapel Street? The street was in a disgraceful condition; it was positively unsafe. -- Mr. ERRINGTON said it needed flagging and paving from one end to the other. -- Mr. BENDLE said it was his strong impression that the street had been conveyed to the Corporation by his late father, and if the committee or the Town Clerk would call at his office some day, he would look the matter up. -- The subject was left over, on the understanding that Mr. BENDLE will be consulted before next meeting.
SALE OF CORPORATION LAND.
The Finance Committee recommended the Council "to allow the purchaser of the sites Nos. 7, 8, and 9 in Alfred and Aglionby Streets to erect three dwelling-houses of not less frontage than 21 feet each, extending from the boundary of Mr. SIMPSON'S site eastward, and that on the remainder of site No. 7 they be allowed to erect not more than two dwelling-houses, and that this resolution be communicated to Mr. Wm. BELL, and that he also be informed that it will be necessary that the proposed elevations be submitted to the Finance Committee for approval." -- Mr. CROWDER moved the adoption of the recommendation. -- Mr. BENDLE pointed out that the last sentence was superfluous, as all elevation had to be submitted to the Finance Committee. -- The Mayor: The committee wished to lay stress upon it in this case, because on the other side of the square an elevation has been erected which has not come up to the requirements of the Corporation. I allude to Dr. WALKER'S housed. -- Mr. BENDLE: It was submitted to the committee. -- The Mayor: It is very unsightly, and it will make the committee more careful about elevations in that district. -- Carried.
Various small sums were entered in the accounts as compensation paid to tenants for leaving their premises in Annetwell Street; and Mr. HAIR inquired whether due notice to quit had not been given? -- The Town Clerk said the parties had possession for a term, and the Corporation had not acquired the property so as to have given them notice. The Corporation had given notice to treat, which was a very different thing from a notice to quit, indeed it was the very thing which enabled the tenants to claim compensation.
Mr. MILBURN, adding up the various sums entered in the names of Mr. MORLEY and Mr. McKIE, made out that the town had paid 60l for a surveyor in one month -- and that a month in which they had no surveyor! -- Mr. CARTMELL said Mr. MILBURN was mistaken. Mr. MORLEY was paid up to the time of his death, and Mr. McKIE from the 1st of February till the 1st of March. The latter of course was not yet paid, and would not be paid till the month expired. It had been usual to order the salaries a month beforehand, so that they might be paid when they were due. -- Mr. MILBURN: Is the 5l to Mr. MORLEY for December? -- Mr. CARTMELL: Yes, up to the time of his death. -- Mr. MILBURN: It is quite unusual fro salaries to be paid before they are due. (Laughter.) -- Mr. WHEATLEY: They are simply ordered now, so that the Treasurer may be able to pay them when they are due.
MESSRS MOUNSEY AND THE COUNCIL.
The following minutes are from the book of the Finance Committee, under date Feb. 8: --
"The Surveyor reported that Messrs MOUNSEY had broken open the iron gate or fence leading on to the Castle broken open the iron gate or fence leading on to the Castle Bank from Finkle Street, and had taken a cart through it over the footpath to a yard belonging to Messrs. MOUNSEY, let to Edward JOHNSTON, auctioneer.
"Resolved -- That the Surveyor be directed to replace the fence or gate, and that a policeman be directed to watch the same and obtain evidence, should it again be broken open, and that it be recommended to Council to direct the Town Clerk to take proceedings for the injury done."
Several letters were read from Messrs. MOUNSEY. The first was as follows: --
"3, Castle Street, Carlisle, 29th January, 1877.
"Gentlemen, -- As your tenancy of the Castle Bank will expire on Friday next, we beg to call your attention to the state of the railings and fences, and to beg that you will cause them to be put into tenantable order. At present they are in a very bad state. We must also ask you to remove any property belonging to you now standing on the land, and on the expiry of your tenancy to hand over to Mr. JOHNSTON, the new tenant, the key of the gate.
"We see that two years' rent, amounting to 2l, will accrue due at Candlemas, and we shall be obliged by your paying us that sum on Friday next. -- We are, your obedient servants, "MOUSEY and Co.
"The Corporation of Carlisle,
"Care, Mr. Isaac CARTMELL, Town Hall, Carlisle."
--Mr. CARTMELL: I may say that the rent is paid. -- The Town Clerk: As to the key, the only road to the place was by Devonshire Walk, so that there was no key to hand over. I wrote them to that effect. -- Mr. STEWART: Have you a copy of the letter you wrote? -- The Town Clerk: Not here. It was only a few lines, by direction of the Finance Committee.
The following minutes are from the book of the Finance Committee, under date Feb. 8: --
The following two letters were also read: --
"3, Castle Street, 8th February, 1877.
"Dear Sir, -- We beg to acknowledge the receipt of your letter of this date. You have previously been made fully aware that we claim a right of road through the roadway at Finkle Street end, and in exercise of that right we this morning caused the obstruction place there, we assume by the Corporation, to be broken open.
"If the Corporation contest our right to this road we are prepared to defend any action that may be brought against us. -- We are, your obediently, "MOUNSEY & Co.
"John NANSON, Esq., Town Clerk, Carlisle."
"3, Castle Street, Carlisle, 12th Feb., 1877.
"Dear Sir, -- On a further survey we find the fences are even in a more dilapidated condition than we supposed. At the Devonshire Walk end the fence is totally down, and the land open to the public, and a considerable part of the railing at the Finkle Street end is also broken down. The Corporation were bound, as tenants, to leave the place in fair order, and we are willing to have the amount of repairs settled by a reference in the usual way as between outgoing and incoming tenants. We shall be obliged by your laying this letter before the Corporation at their meeting tomorrow. -- We are, your obedient servants,
"MOUNSEY & Co.
"John NANSON, Esq., Town Clerk, Carlisle."
--The Town Clerk: The question is whether the fence did not belong to the Corporation as far as the Castle Sorceries. -- Mr. HAIR: But surely as tenants we have a right to keep up the fences. -- Mr. SIMPSON: That portion which belongs to the Corporation is all railed off with hurdles. -- Mr. MILBURN: I think it would be better to refer the question to the Finance Committee. -- Mr. AIKIN seconded the motion. -- Mr. W. WRIGHT asked whether the Duke of Devonshire had a right of road along the path? -- The Town Clerk: Not that I am aware of. -- Mr. BENDLE: It is claimed by the MOUNSEYS, not be the Duke of Devonshire. -- Mr. WRIGHT: The land next to the Castle belongs to the MOUNSEYS. -- The Town Clerk: No; to the Duke of Devonshire. -- Mr. SAUL: Can the Town Clerk inform us whether, at the time the pathway from Finkle Street to the Weavers' Bank was made, any agreement was come to between the Duke of Devonshire and the Corporation? -- The Town Clerk: I never heard of any. But I have not directed any particular search into the matter. -- Mr. SAUL: It would be important to know whether there was any such agreement.
--Mr. MILBURN: It would be better to refer all this to the committee. -- Mr. SAUL: I quite agree with Mr. MILBURN on that point. All I would suggest to the Finance Committee is that it would be well for them to inquire under what circumstances the pathway was originally made and whether there was an agreement between the Duke of Devonshire and the town about it. Because I was speaking to Mr. SAUL, whose recollection goes further back than that of most of us here, and he tells me that when he was a lad there was no road or footway of any kind round the Castle Bank, and the path was made by public subscription, as he understood, with the consent of the Duke of Devonshire. But before the Weavers' Bank was made there was no pathway there at all. -- The Town Clerk: In fact, the old city walls came there. -- Mr. SAUL: If this pathway was made with the consent of the Duke, it would be well to lay before the committee any agreement between him and the town. -- The Town Clerk: My idea is it was made more by the old House of Recovery. -- Mr. BENDLE: I was not present at the Finance Committee when the recommendation now before us was come to, but I think it would have been well for the committee to have gone further into the matter before they recommended proceedings of this kind. (Hear, hear.) No doubt, if a public right is being disputed, we should uphold it to the last, but all these questions we have heard today show the necessity of further inquiry. Therefore I beg to move that the whole question be referred back to the Finance Committee. -- Mr. WHEATLEY: I second Mr. BENDLE'S motion the more readily because the Town Clerk tells us he has not directed any special search into the matter. It is clearly a case to be thoroughly investigated before we commit ourselves to any definite course of action. -- Mr. CROWDER: All that the committee have done is to direct proceedings for the injury done. -- Mr. SAUL: Yes, but that would lead you a deal further than you imagine. If you think it is simply a case before magistrates for 5s or 10s damage, you are mistaken, because any proceedings you take would lead you into an action to try the right; and it strikes me you have plenty of actions on your hands at present, ("Hear, hear," and laughter.) -- Mr. HARDY: Any agreement such as Mr. SAUL refers to would be on the minutes of the Corporation. -- The Town Clerk: I don't think the old Corporation had anything to do whit it. -- Mr. SIMPSON: I can recollect when there was no walk round the Castle at all. -- Mr. JAMES: I have a distinct recollection of the place when I was a boy, and there was certainly no room for carts to pass there when I was a boy. -- The Town Clerk: These walks were made by public subscription. -- Mr.CROWDER: We did not come to a conclusion in the matter until we had carefully gone over the different plans which came before us. -- Mr. HARDY: Was none of the legal element present? -- The Town Clerk: There was one lawyer then, I think. -- Mr. SAUL: But there is sufficient new light to warrant further inquiry. -- The Town Clerk: And if Messrs MOUNSEY have any information to show their right, they will perhaps communicate it. -- The Mayor: There is no haste necessary. The only injury hat can be done is by leading carts over and spoiling a public walk. -- Mr. HARDY: That is all. -- Referred to the committee.
PREPARATION AGAINST FIRE.
On the recommendation of the Water Committee it was ordered that the few remaining fire-plugs in the water mains be replaced by hydrants.