Rochdale's Charter of Incorporation (and Letters) [leisure trust, arts heritage, sports centres, fitness health, rochdale, link4life, entertainment, Rochdale Boroughwide Cultural Trust, museum, middleton arena, social enterprise, touchstones, local studies, central, bowlee, kingsway, marland, heywood, littleborough, consultancy]

Tracing the committee meetings and procedures which led to Rochdale being granted a Charter of Incorporation. 1855 - 1856. At the end of the Committee Reports there are links to letters to the Rochdale Observer regarding the new Town Council etc.

Charter of Incorporation for Rochdale

Several gentlemen being of opinion that the form of Municipal government which the Corporations Amendment Act of 1835 would confer, would in many respects be better than our present one a Meeting was held in the Commissioners Rooms to consider the subject. Several adjournments took place to obtain information from neighbouring Boroughs, and it was ultimately agreed to test the opinion of the town by a requisition to the Chief Constable to call a public meeting to consider the subject and the following gentlemen were appointed to a Committee for that purpose: viz

The Chief Constable (Mr T Ashworth)

Mr J H Moore
Mr John Mason       Mr Thomas Livsey
Mr D Cheetham      Mr James Wood
Mr James Petrie      Mr Richard Berry
Mr William Stewart     Mr James Tweedale
Mr James Stott        Mr   Scott

Pursuant to the notice of the Chief Constable a Public Meeting was held in the Public Hall Baillie Street on Friday evening the 21 Sept 1853 at seven o’clock. Thomas Ashworth Esq Chief Constable in the chair.

It was moved by Mr James Stott seconded by Mr James Pilling, Jun. and resolved 1st

“That in the opinion of this Meeting it is advisable to place the local Administration and Government of the Borough and Town of Rochdale in the hands of a Corporation to be established by Charter under the Municipal Corporations Act of 1835”.

It was moved by Mr Littlewood, seconded by Mr Robert T Heape and resolved 2nd

“That a committee be now appointed with power to take such steps as may be necessary to carry into effect the foregoing resolution and the following gentlemen constitute such a committee. Viz:-

The Chief Constable £10
Mr J H Moore £10
Mr James Tweedale £10
Mr John Mason £50
Mr Thomas Livsey £10
Mr David Cheetham £50
Mr Joseph Wood £25
Mr James Petrie £50
Richard Berry £10
Mr Willaim Stewart £50
Mr W A Scott
John Phillips
James Smithies
George Healey
Jacob Bright
William Boothman
James Pilling
Robert Jewison
Robert Taylor Heape
Leigh Gleave
Samual Scott

A meeting of the above Committee was held in the Court Rooms on Thursday the 27th Sept 1855.

Mr Robert Taylor Heape in the Chair.

It was moved, seconded and unanimously resolved - that Mr W A Scott be appointed Secretary pro tem to this Committee.

It was moved, seconded and unanimously resolved - that Mr Thomas Ashworth, the Chief Constable, be appointed Treasurer and permanent Chairman with Committee.

It was moved, seconded and unanimously resolved - that a guarantor fund be raised. The following gentlemen put down their names for the following sums:

Mr James Tweedale	£50
Mr Robert Taylor Heape	£50
Mr Thomas Ashworth	£50
Mr Joseph Wood	£50
Mr James Pilling, Jun	£50
Mr James Petrie	£50
Mr Samuel Stott	£50
Mr Robert Jewison	£25
Mr Thomas Livsey	£10
Mr James Smithies	£10
Mr William Boothman	£10
Mr W A Scott	£10
Mr William Stewart	£10
Mr George Healey	£10
Mr Richard Berry	£10
John Phillips	£10
Leigh Gleave	£5
	£460

The appointment of the legal advisor was then proceeded with and on the poll there appeared:

For Mr Heaton    2 votes
For Mr Mellor       8 votes
For Mr Jackson    6 votes

Mr Mellor was accordingly appointed and the Secretary was instructed to see him and inform him of his appointment. Mr Tweedale and the Secretary were requested to see other parties to increase the list and amount of guarantor funds.

Robert Taylor Heape. Chairman

A Committee Meeting was held in the Commissioners Rooms on Monday 1 October 1855.

Thomas Ashworth Esq, Chief Constable, in the chair.

Mr D Cheetham handed his name to the Guarantor Fund for £20.

Mr Mellor having read draft of a petition to the Queen in Council a long conversation ensued; it was ultimately moved, seconded and unanimously resolved that Mr Mellor be instructed to take such steps as are necessary to settle the legal points which arose in discussion, and determining the proper legal form of the petition for the Charter of Incorporation.

The Committee then adjourned to Thursday evening at 7 o’clock.

Thomas Ashworth
Chairman

4 Oct 1855. A Committee meeting was held this evening.

Thomas Ashworth, Esq, Chief Constable in the Chair.

It was unanimously resolved that the solicitor Mr Mellor be instructed to draw up a form of agreement to indemnify the Treasurer for any sums he may expend in procuring the Charter, and the same be submitted to Messrs Thomas Ashworth, Joseph Wood and Robert T Heape and when approved by them to be adopted and signed.

It was also resolved that the Committee be called together immediately on the reception of the draft of the petition.

Mr Samuel Stott and Mr Livsey undertook to divide the town into canvassing districts preparatory to a house to house visitation with the petition.
Thomas Ashworth
Chairman

11 Oct 1855. A Committee Meeting was held this evening in the Commissioners Rooms

Thomas Ashworth, Esq. Chief Constable in the Chair

The solicitor Mr Mellor having read the petition to the Queen in Council (with the legal opinions of several points) to the Meeting it was resolved The New Petition of which the following is a copy be adopted:-

To the Queens most Excellent Majesty in Council.
The petition of the inhabitants xxxxxxx of the Town and
Parliamentary Borough of Rochdale in the County of
Lancaster humbly
That Rochdale in the County of Lancaster is an
important manufacturing town rapidly increasing
in Commerce and in population,
That by an Act of Parliament passed in the sixteenth and
seventeenth years of the reign of your most gracious
Majesty entitled “An Act for the Improvement of the
Town of Rochdale , and for providing a Cemetery there,
and for other purposes, and for which the short title is
“The Rochdale Improvement Act 1853” - the
Government of the said Town is under the direction
and control of certain Commissioners elected pursuant
to the provisions of the said Act; and the limits within
which the said Act shall for all purposes not by it otherwise
expressly provided for, be put in force, are the following
(to wit)
All places within a circle of a radius of three quarters
of a mile, measured from a central point, very near to
the south east corner of an Archway or road leading
from the Old Market Place to the Roebuck Inn, in
Rochdale, being on the boundary line which separates
certain Buildings situate on the westerly side of that
Old Market place, respectively belonging to John Fenton
and James Fenton and James Leach respectively and
being distant sixty yards and two feet in a direct line from
the centre of the westerly pier of the Rochdale Old Bridge,
and sixty one yards and two feet in a direct line from
the centre of the easterly centre pier of that Bridge, and
which limits are in the said Act called “The Town”.
That the Parliamentary Borough of Rochdale aforesaid,
also consists of and is comprised within a Circle
of the same radius, namely three quarters of a mile
measured from the Old Market place aforesaid.
That the population of the said Town and Borough
within the respective limits above mentioned was by
the last census twenty-nine thousand and one hundred
and ninety and the same now numbers upwards of
thirty-one thousand persons and these within the same
limits and amount of property corresponding in value with
the number of the inhabitants thereof.
That your petitioners are most anxious that the contract
of this Municipal affair should be vested in a responsible
Local Government by means of a Corporate Body which in
its constitution as they humbly concur will be adequate to
the manifold requirements of the said Town, and more
efficient for the protection of the lives and property of the
Inhabitants, than that which is now vested in the said
Commissioners by the said herein before recited Act.
May it therefore please your Majesty, by and with the
advice of your Majesty’s Privy Council, and with all
convenient speed, to grant a Charter of Incorporation
to the Town and Borough of Rochdale, consisting of all
places confirmed within the limits, herein before
mentioned, in excercise (sic) of your Majesty’s Royal
Prerogative and pursuant to the provisions of the Act
of the sixth year of the Reign of his late Majesty King
William and of the Act of the first year of your Majesty’s
Reign the fourth chapter, and of the several other Acts
of Parliament passed for the regulation of Municipal
Corporations in England & Wales; and by such Charter
to extend to the said Town and Borough of Rochdale
as aforesaid, all the power and provisions of the above
mentioned Acts for regulating Corporations.
And your petitioners as in duty bound will ever pay etc.

The several members of the Council volunteered to accompany the Solicitor in his canvas to obtain signatures to the petition.

Thos Ashworth: Chairman

18 October 1855. A Committee Meeting was held this evening Thursday October 18th 1855

Thos Ashworth Esq Chief Constable in the chair

The following persons were appointed canvassers to obtain signatures under direction the Solicitor viz:-

Joseph Wood Edward Dawson
George Taylor Abraham Moore

The Solicitor was also empowered to obtain the services of other suitable persons to obtain signatures.

Thos Ashworth Chairman

25 Oct 1855. A Committee meeting was held this evening

Thos Ashworth Esq Chief Constable in the Chair

The solicitor brought up the petition and reported progress. It had already received about 500 signatures. Agreed to push on the work of canvassing.
Jas Woods bill for obtaining signatures to the requisition amounting to 1£ (sic) was passed and ordered to be paid.

Thos Ashworth. Chairman

1 Nov 1855

The Committee met on the above evening to hear the report of the Solicitor relative to the number of signatures obtained up to this day to the petition, and it appeared to be about 1500.

Thos Ashworth. Chairman

8 Nov 1855 The Committee met this evening

Thos Ashworth Esq Chief Constable in the Chair

The total signatures to the petition numbered up to about 2050. The Solicitor was ordered to prepare draft petition to be signed by Thos Ashworth Esq as Chief Constable and Chairman of the public meeting.

Thos Ashworth Chairman

15 Nov 1855 A Committee meeting was held this evening

Thos Ashworth Esq Chief Constable in the Chair

The Solicitor reported that signatures to the petition total up to 2700. Draft of petition to the Queen in Council to be signed by the Chief Constable as Chairman of the public Meeting held on 21 September 1853 was read by the Solicitor approved and adopted.

Thos Ashworth Chairman

22 Nov 1855 The usual weekly Committee Meeting was held this evening

Thos Ashworth Esq Chief Constable in the Chair

The petition to the Privy Council to be signed by the Chief Constable was read by the Solicitor and duly signed.
It was moved, seconded and resolved that the Commissioners present be requested to call a special Meeting of the Commissioners to consider the propensity of petitioning in favour of The Charter of Incorporation.

Mr Mellor the Solicitor was ordered to obtain copy of the Brighton and Blackburn Improvement Commissioners transfer Acts.

Nr Phillips bill for printing circular to amounting to 15/9 was passed, and the treasurer was ordered to discharge it.

Thos Ashworth. Chairman

29 Nov 1855 The Committee met this evening

Thos Ashworth Esq Chief Constable in the Chair

It was moved seconded and resolved that the petition from the Improvement Commissioners prepared by the solicitor be submitted to Mr Heaton, and Mr Mellor be requested to forward it.

It was moved seconded that Mr Samuel Stott and W A Scott be requested to bring the petition before the special meeting of the Commissioners on Wednesday next and move its adoption.

Thos. Ashworth Chairman

6 Dec 1855 The Committee met this evening

Thos Ashworth Esq Chief Constable in the Chair

The petition having 3720 signatures attached to it with an assessment of about £53,473 it was decided proper to issue a notice to the public announcing the day when the canvas will be closed. It was therefore moved seconded and resolved that the solicitor be instructed to issue the following public notice and cause the same to be posted upon the walls of the town. Viz:-

Rochdale Charter of Incorporation.

The petition for a Charter of Incorporation for the Town and Parliamentary Borough of Rochdale has now received the signatures of upwards of 3700 inhabitant householders

Those inhabitant householders of the said Town and Borough in favour of the Petition, who have not already signed, may do so at my Office in Yorkshire Street, at any time on or before the 12th instant when it will be made up for presentation to her Majesty.

signed Zachary Mellor

Solicitor. Yorkshire Street
Rochdale. 6 December 1855

The solicitor was instructed to process an ordnance map of the Borough to facilitate the division into wards.

Thos Ashworth. Chairman

13 December 1855 The usual weekly Committee met this evening

Robert Taylor Heape Esq in the Chair

The petition to the Privy Council for grant of a Charter of Incorporation for the Town and Borough of Rochdale having received a total of signatures amounting to 3804 with a rating of £56,081 which is a clear majority (the total numbers on the ratebook including empty houses being 7578 with a rating of 92,529.5.11)

It was moved seconded and resolved that the Solicitor make up the petition and take all the necessary steps for presenting it to the Privy Council so soon as practicable.

Robt. Taylor Heape. Chairman

20 Dec 1855 The weekly Committee meeting was held on this day

Thos. Livsey Esq in the Chair

The Solicitor reported that the petition was only made up and forwarded to London on Saturday last the 13th instant, and he had received from his agent an acknowledgement of its safe arrival.

Sundry matters of routine were transacted and the Committee adjourned.

Thos Livsey. Chairman

10 January 1856 The Committee met this evening

Thos Ashworth Esq Chief Constable in the Chair

Mr Dawsons bill for obtaining signatures to the requisition was presented and ordered to be paid amounting to 15/-

The consideration of the division of the town into wards was brought on when Mr Livsey moved and Mr Smithies seconded the motion

“That the scheme of division of the town into three wards
be adopted by this Committee and proposed to the Privy
Council.”

This motion was put and lost.

Tho' further consideration of this subject was proceeded with and after considerable discussion it was moved “that the following be a Committee to draw up a scheme of division into wards and present the same to the next meeting viz:-

Messrs Thos Ashworth, W A Scott, Thos Livsey, S Stott, Jas Tweedale and George Healey.

Thos Ashworth. Chairman

11 February 1856 A Committee Meeting was held in the Commissioners Rooms

Thos Ashworth Esq. in the Chair

This meeting was called to consider a requisition to the Chief Constable signed by 257 ratepayers “for the purpose of ascertaining what measures the Committee have adopted to carry into effect the Charter of Incorporation of the Borough.” The Chief Constable declined to a public meeting on the grounds that the object sought by the requisitionists could be much better attained by direct application to the Corporation Committee.

It was therefore moved seconded and resolved that this Committee attend the Public Meeting to be held on Thursday next the 14th Feb inst., and state what measures they have adopted in this endeavour to obtain a Charter of Incorporation.

It was also moved seconded and resolved that the following be issued as a placard and signed by the Secretary

Charter of Incorporation

A Public meeting has been called without previous communication with the Corporation Committee, that Committee anxious to afford every information will nevertheless attend the Meeting and state what measures have been adopted in their endeavours to obtain a Charter of Incorporation.

Signed W A Scott
Secretary to the Committee

Thos Ashworth. Chairman

18 February 1856 A Committee Meeting was held this evening.

Thos Ashworth Esq. Chief Constable in the Chair

The notice convening this meeting stated that it was called to “consider the resolution passed at a Public Meeting held Feby 14 instant.

It was moved seconded and resolved that the communication of Mr Taylor Chairman of that meeting be entered on the minutes of this committee. It is as follows:-

February 15, 1856

Mr W A Scott, Secretary to Corporation Council

Sir,
     At a meeting held last evening convened by 257
    Requisitionists at which I was appointed Chairman,
    the following resolution was proposed by Mr Peter
    Johnson and seconded by Mr Samuel Taylor that
    this meeting, having heard with astonishment the
    resolution of the Corporation Committee wherein they
    have decided to recommend more than 3 wards and
    thereby to raise the qualification for Town
    Councillors higher than at present required for
    Commissioners, resolved that the Committee be
    Instructed by this meeting to recommend to the
    Commissioners (appointed by the Privy Council)
    That the Borough be divided into three wards and
    to endeavour by every means in their power to
    induce the Privy Council to continue to as under
    the Charter of Incorporation the privileges granted
    by Parliament.

On this the following amendment was proposed by Mr Ashworth and seconded by Mr Thos Whitworth that the Committee give no instructions to the Corporation Committee respecting the Wards having perfect confidence in them. On the amendment being put it was lost and on the Resolution being out it was carried and therefore forward it to you.

Yours respectfully
Signed Edward Taylor

Resolved after the above communication was read. Mr Livsey moved the following resolution: viz “that this Committee carry out to the utmost extent of its power the above resolution passed at the public meeting held on the 14th instant.” To this the following amendment was proposed by Mr W A Scott.

Resolution: that the solicitor be instructed to prepare a plan or plans with the requisite statistical data of numbers and rating for a division of the Town into 3 Wards and place the same in the Book of plans now circulating amongst the members of the Committee and that the Solicitor be instructed to place all these plans before the Commissioner sent down by the Privy Council. But thus the several members of the Committee be at liberty to take any course they think proper before the Commissioners.

This amendment was carried by 7 to 5.

Thos Ashworth Chairman

27 February 1856 A Committee was held this morning at 11 o’clock

Thos Ashworth Esq. Chief Constable in the Chair

The secretary of this Committee having received a communication from Mr Charles Milne containing only a partial statement of the proceedings of their last meeting

Resolved that the Committee having been appointed by the public Meeting held on the 21st Sept 1855 to apply for a Charter of Incorporation without restriction or limitation as to the number of Wards, considers that inasmuch as great differences of opinion exists on that point amongst the ratepayers generally, and also in the Committee, it will best discharge its duty to all by the course it has already resolved upon: - viz, to submit to the Commissioner when he comes down a variety of plans of division of the Town into three, five and eight Wards without any recommendation from them as to any of the said plans, but that each Committee man be at liberty to advocate individually any plan he most approves before the Commissioner and therefore does not deem it necessary to attend the Public Meeting to be held this evening.

The following amendment was moved and lost:-
That this meeting do attend the Public Meeting to be held this evening and explain their conduct and acts having reference to the resolution passed at the Public meeting 14th Feb inst.

It was then resolved that a copy of the foregoing resolution and amendment be sent to the Chairman of the Public Meeting to be held this evening.

Thos Ashworth. Chairman

17 March 1856 A Committee Meeting was held this evening

Thos Ashworth Esq. Chief Constable in the Chair

A communication from Major Warburton announcing his intention of being in Rochdale to make the necessary inquiries relative to the several petitions was read by the Solicitor upon which it was moved and resolved that the Chairman Thos Ashworth Esq together with the said Clerk be a deputation to represent this Committee at the preliminary private meeting to be held on Wednesday next.

It was moved and resolved that the gentlemen representing this Committee be furnished with the Minute Book if required.

It was moved and resolved that a reporter be engaged to report the proceedings of the enquiry before Major Warburton, and that Mr S Stott be empowered to see Mr Ritchie and xxxxxx with him.

The Committee then adjourned to Wednesday evening at 7 o’clock.

Thos Ashworth Chairman

19 March 1956 A Committee Meeting was held by adjournment

T Ashworth Esq. Chief Constable in the Chair

It was moved seconded and resolved that Mr Barton be requested to be present at the enquiry before Major Warburton tomorrow.

A letter from Mr Ritchie stating his inability to attend to report the proceedings was read. It was moved and resolved that Mr Phillips be employed to report the proceedings before Major Warburton tomorrow the payment to be three guineas for the days report.

Thos Ashworth Chairman

2 April 1856 A Committee Meeting was held this evening

Thos Ashworth Esq Chief Constable in the Chair

It was moved seconded and resolved that Mr Phillips having handed in a portion of his report (7 folios), said to be about one third and agreeing to accept the same scale of remuneration as before the Committee agree to retain his services to report all subsequent proceedings relative to the enquiry before Major Warburton and undertake to remunerate him at a rate not less than his engagement on the 19th March.

Thos Ashworth Chairman

3 July 1856 A Committee was held

Thos Ashworth Esq in the Chair

Mr Mellor having read draft copy of the Charter with the names and dates left blank it was resolved that the name of Mr Mellor and a default Mr Barton be inserted as the person to prepare the Burgess Roll.

Resolved that the solicitor fill in the dates in the draft in accordance with the Municipal Corporations Act for an election on the 1st November.

Resolved, that the Solicitor retain a Barrister to revise the Burgess Roll and insert his name in the draft.

Resolved that the Chief Constable and in default Thos Ashworth Esq preside at the first election and their names be inserted in the draft.

Resolved, that the Solicitor pay over to Mr Mellor the Solicitor such sums of money as he may request from time to time for fees and expenses.

Chairman

15 Sept 1856 A Committee Meeting was held

Thos Ashworth Esq in the Chair

Mr Xxxxxxxx,s bill for printing was passed amount £5.18.7.
Mr Phillips (the shorthand writer) report of the proceedings before Major Warburton was presented and the charge amounting to £26.16.0 due to Mr Phillips was ordered to be paid.

Mr Mellor the solicitor then produced the Charter of Incorporation which he had received from London on the preceding Friday, and read it at length. The dates on the Charter were as follows:-

The Burgess Roll to be prepared by            15th Oct 1856
To be posted 8 days before the                  25 Oct 1856
Claims and objections to be made before    25 Oct 1856
Claims and objections to appear on           10 Nov 1856
Barrister to revise between            10 and 24 Nov 1856
The Alphabetical Ward lists to be completed 1 December 1856
First election of Councillors                11 December 1856
First election of Aldermen                    19 December 1856
First election of Mayor                        19 December 1856
First Auditors and Assessors                 2 March 1857

The Secretary was ordered to get the shorthand writers report bound at a cost of not more than 5/-

The Treasurer reported that he had paid over to the Solicitor the sum of 400£, which payment was confirmed

Chairman.

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