The Sun.
London, England, 1840-10-24 00:00:00

SEWERS' COURT.

Yesterday a special meeting of the Commissioners
of Sewers for Westminster was held at their office in
Greek-street, -- Donaldson, Esq., in the Chair.
Mr. E. MULLINS moved, in reference to the rate re-
cently made on the Eastern Division of the West-
minster Sewers, " That all the proceedings subsequent to,
and consequent on, the return of the Jury, under the
precept issued out of this Court on the 3d day of
July last, be set aside, upon the grounds of irre-
gularity and illegality ; and that a new precept be
issued to the Sheriff of Middlesex." He consi-
dered the question as one of the very highest im-
portance, and he had laid a case before Sir F. Pol-
lock, whose opinion he had obtained, and it was deci-
dedly against the legality of the rate. He contended
that the precept was invalid, because it ought to have ex-
tended to all lands within the jurisdiction of the commis-
sion, and the act of the jury was also invalid because
they only presented a certain portion of the lands within
the jurisdiction of the Court ; and he further objected
to it because a portion of the jury were inhabitants
of the part which had been presented ; and he further
contended that their act was invalid, because they
had not prosecuted their inquiry upon oath, and
before the Commissioners. He was aware of the
opinion of Mr. Ogle, but he had that of Sir F. Pollock
to put against it, and he thought that gentleman had
boon too free in the use of strong language when he
took it upo❑ himself to stigmatise the argu-
ments of any member of that Court as mon-
strous. The Liarned Gentleman quoted several
decisions of Lord Ellenborough, in order to show
that because Lincoln's Inn-fields had been omitted in
the rate, that therefore it was bad, irregular, and invalid.
The motion having been seconded,
Mr. ADEY objected to the motion being put by the
Chairman, because, even if it were carried, it would be
illegal, and, therefore, of no effect. He contended
that the Court had no power to set aside any decree
pronounced by them. Let them look at the monstrous
consequences which would flow from a departure
from that doctrine. They had collected a
great part of the rate—were they to return
it ? If they put the motion, they would com-
pletely stultify themselves. He had much respect for
an opinion which emanated from Sir F. Pollock, but it
might he wrong ; at all events, when they recollected
the difference of opinion which existed amongst the
Judges in Frost's case, he thought they had a right to
think it was a matter open to doubt.
The CHAIRMAN said it was clearly out of the power
of the Court to alter any decree which they had once
made.
Mr. MuLLltis—Suppose one of our decrees were to
be clearly illegal and most prejudicial to the interests of
the rate-payers, are we bound to act upon it ?
Mr. ADEY said clearly, they must abide the conse-
quences ; it could not be set aside, except by a superior

power.
Mr. BECKET said there was no other power that
could set aside their decrees, but the Judges of the
Court of Queen's Bench.
Mr. LESLIE was aware that it was extremely annoy-

ing to re-open any case ; but it was a most important
question, and one well deserving of the utmost attention.
After a lengthened discussion, in which Mr. Laurie,
Mr. Adcy, and Mr. Dyer took part,
The CHAIRMAN put the question to the meeting
that Mr. Mullins' motion be not put, because it was ille-
gal, which was carried by 30 to 4.
The meeting then separated.