The Sun.
London, England, 1844-01-22 00:00:00

COURT OF SEWERS.

A special Court of Sewers for the City and Liberty of
Westminster, and part of the county of Middlesex was held at
the Sewers-office, in Greek-street, Soho-square, on Thursday,
in pursuance of the following requisition to the Clerk:—
' We, the undersigned, six of her Majesty's Justices of
Sewers for Westminster and part of the county of Middlesex,
hereby require you, in pursuance of No. 2of The Laws, Or-
dinances, and Constitutions,' to convene a Special Court of
Sewers on Thursday next, the 10th of January, 1844, to in-
quire into the accuracy of the documents upon which the
Coutt paid to the contractors in the year 1843 the sum of
21,7671. 10s. 4d. Also to ascertain the authority of the Court
to pass any laws, ordinances, or constitutions,' in opposition
to the general laws of sewers, as laid down in the Statutes and
the judicial decisions thereon."

The requisition was signed by John Leslie, Frederick 13yng,
H. Tuffnell, John Gunter, Joseph Fuller, and Hugh Stark.
Mr. LESLIE, in bringing before the Court the business for
which it had met, namely, to consider the accuracy of the
account of the contractors, to whom the Court paid no less
than 75 par cent. of its income, alluded to the resolution ho
had proposed at a former Court, for adding a money price
by the contractors to their daily vouchers of the work done,
by which he would venture to say the irregularities and in-
accuracies he was about to bring under the consideration of
the Court would be done away with; but he had been told
on that occasion that it was impracticable for measured
works. This had set him to work to discover the im-
practicable part of the thing, and upon his attend-
ing the office the next morning he had discovered that
which he was now about to bring before the Court, namely,
that the contractors' bills, purporting to be for work done up
to a given period, were extremely inaccurate; that they were
made out in a manner calculated to deceive the Court ; that
they contained items purporting to be for work done ; that the
charges were made for work as if finished, whereas in fact they
were not so ; and, added to this, vouchers were given by the
officers of that Court, vouching fur the accuracy of these inac-
curate accounts. Now he thought if he proved this, and which
he should do, not only from the documents themselves, but out
of the mouths of the officers of the Court, he thought he should
have made out a strong case for some immediate alteration in
the pernicious system under which they were and had been act-
in; for years. Now the first bill to which he would
advert was that of one of their contractors, Mr. Bird, from
Lady-day to Midsummer, 1843. Now, that bill amounted to
8291. 6s. 4d., and he would show that of 6211., or three-
fourths of the bill, the works were not done till the 15th of
July, and yet vouchers had been given that this bill was cor-
rect. The worthy Commissioner then put several questions to
Mr. Doull, the Assistant Surveyor, who stated that the works
were not completed on the :14th of June, although vouchers
had been given of the accuracy of the bill. Was not this to
say the least of it, a most improper mode of proceeding, and
calculated to induce the officers of the Court to mislead it ? He
therefore thought, that he had made out his case in the first
instance.

Mr. D. EDSEN thought there could be no imputation of fraud,
but that great carelessness had been shown with respect to the
contractors' accounts.

Mr. CIIA;I;ERS Considered that Mr. Leslie had made out
his case, and the clerk ought to be instructed to take a minute
of the proceeding, that a future occurrence of the same irre-
gularity might be avoided.
Mr. LESLIE then proceeded to call for the vouchers.
Mr. DouLL said he could not lay his hand on the voucher
for the 6211. ; they bad been a good deal pulled about. He
could not find them. .

vV
Several of the Commissioners expressed great dissatisfaction
at this announcement.
Dlr. LESLIE then asked to be handed such vouchers as the
officer had, and on their being handed him he showed that the
first he took up was without date.
An Hon. CostausstoNsa objected that Mr. Leslie had no
motion before the Court.
Mr. LESLIE said he could Rot frame a motion upon a docu-
ment which he could not obtain. Ultimately the Hon. Com-
missioner moved a resolution to the effect, " That the account
of Mr. Bird's bill for the quarter ending the 24th of June was
8291. 6s. 4d., for work stated to be done, while, in fact, work
to the amount of 6211. was not done till the lath of July."
Mr. TUFNELL seconded the resolution.
Mr. DoNALnsobt defended the course that had been pursued
in making out the contractors' account, but at the same time
admitted that it would have been an improvement, if the ac-
count had stated that the work was not completed or measured.
The worthy Commissioner, he was sure, did not intend to im-
pute fraud by his resolution.
Mr. LESLIE said that the course that had been pursued was
a breach of the contract entered into between that Court and
the contractor.
Mr. DONALDSON moved an amendment, to the effect that
an explanation should be added to the bills.
The CHAIRMAN could not look upon Mr. Donaldson's
amendment as such, it was, in fact, an original motion. Per-
haps Mr. Leslie could modify his resolution.
Mr. LESLlE—Certainly not.
The Hon. F. BvNo thought it would be unfair to call upon
Mr. Leslie to qualify his resolution, unless they were pre-
pared to contradict the truth of his statements. No such
thing bad been attempted. lie would support the resolution
as it stood.

Mr. TUFNELL said it was immaterial whether the irregu-
larity arose from carelessness, or some worse design, on the
part of the officers of the Court. It was the duty of the Court,
seeing that they were expending the pubic money, to insist
upon seeing that the accounts were perfectly accurate. He
would not have them, for the sake of the officers, get ri:l of the
question by a side wind.
The CHAIRMAN thought the resolution conveyed an imputa-
tion upon the officers which they did not merit.
Mr. Ifaw•tEs contended that Mr. Leslie had made out his
statement, although it amounted only to a charge of irregu-
larity; but, nevertheless, the officers were to blame for that
irregularity, and, consequently, the Court must affirm his
resolution. .

Mr. FULLER said the money had been paid on the authority
of their auditors ; and from the irregularity of the accounts
that had been produced, the auditors could not be trusted, for
the vouchers upon which they had paid were valueless.
Mr. LESLIE replied. In doing so the worthy Commissioner
referred to the statements he had made, and read extracts to
show the vouchers were valueless, r.nd consequently he had
made out his charge. He was pleased with the discovery, and
he was not less pleased at seeing the irregularity palliated by
the late chairman and other leg al members of the Court.
losst the public Having done this much, he was now
ic
interesth ai scup. emr eod. e peculation e cbuyl at i
meanson o.
fa
tsh'aossteefxatlesentd,ofcruornumethtes
furnished by the officers, passed by the auditors, and sanctioned
by the chairman.
Mr. Leslie's resolution was then put from the chair, and
upon a show of hands was declared to be carried, there being
11 for 1t and 4 against it.
Mr. LESLIE thought that the Court had done themselves
great honour in the course they had adopted. He would now
advert to the bill of their other contractors, the Messrs. Ben-
netts, for the same quarter as the one he had averted to with
respect to Mr. Bird, namely, from the 25th of March to the
2.lth of June, 1843. That account amounted to 2,2881., and
the Court would doubtless be surprised to find that the amount
for the last five days was 1,5291. 2s. 7d. Now he was prepared
to prove that of the former amount works to the extent of
1,160/. were net finished. Now the daily vouchers with re-
spect to that bill, and the bill itse'f, represented that all the
work was completed and measured. The account was
signed by the contractor, and countersigned by the
officers of the Court. It was perfect in every particu-
lar, only—that it was not true. The worthy Commissioner
then proceeded to show that the work was neither done, nor
was it measured at the time the money was Paid. The con-
tractor was entitled to his money within six months a'ter
his work being completed, or, by his contract, he was entitled to
receive five per cent, interest afterwards for all that the Board
of Commissioners were indebted to him. Such being the case,
the terms of the contract were quite clear, that fur all moneys
advanced before due to the contractors the public were entitled
to receive five per cont. discount. The worthy Commissioner
elicited from the offieers, answers to questions that proved his
allegation. He showed that there had been an organised sys-
tem of false returns of vouchers carried on. and whether or not
it might be the case, the officers laid themselves open to suspi-
cion that they derived some emolument by lending themselves to
this description of fraud. Atter going through a number
bills, he proposed a similar resolution to the first he Lad rimy,
d
to place these facts on the minutes of the Court es having been
proved.
Mr. DONALDSON moved an amendment to the effect,—that
as certain works paid for in 1543 had not been completed on
the Quarter-day, which the bill purported, the Surveyors should
attach to the items of the bill paid the time when such works
were measured.
After some discussion,
The CitattufAx decided that this amendment could be put.
Mr. Tur NELL, M.P., could not agree to the amendment
of Mr. Donaldson.
After some further discussion,
The CHAIRMAN put the amendment, and, upon a show of
hands, there appeared—'
For the amendment
Againstit ..................................... 11
Mr. DONA LDSON having called for a division, and that im-
portant event having taken place by one party going to one side
of the Court, and the other to the opposite side, the re ap-
peared—
For the amendment l2
Againttit ...................................... 11
. Majority for the amendment....•
The CuArastAr{ then put the original resolution of Mr.
Leslie, and upon a show of hands and a division, there ap-
peered—
For the original resolution

Against it .............. : ..................... 12
The CHAIRMAN gave his casting vote against the original
resolution which was consequently lust.
Mr. LESLIE said that he would now bring under the atten-
tion of the Court the aceount of the Messrs. Bennetts for the
quarter commencing on the 24th of June, and ending on the
29th of September, 1843. The Hon. Commissioner showed
similar results with respect to this as to the last two accounts,
and moved a similar resolution, which, strange to say upon a
division, he carried by a majority of 11 to 1.
After some further discussion, the Court adjourned, upon the
understanding that Mr. Leslie is to renew the subject on Fri-
day, the 26th inst.
Another Court was held on Friday for the general purposes
of the Court, the balloting for a Chairman, and other business.
Mr. WILLOUGHIA took the chair at twelve o'clock, and the
routine business of the Court was proceeded with up to two
o'clock, when the ballot for Chairman took place, and conti-
nued up to three o'clock.
During the time the ballot was taking place,
Mr. LESLIE stated that those who had proposed and seconded
Mr. Tufnell, considered the proceedings of the Court to be
illegal in electing a Chairman annually ; that they were deter-
mined to take no part in it. The Court had perhaps better,
therefore, not trouble itself further in the matter.—(Cries of
" No, on," and 't Go on with the ballot.")
Mr. ALLANSON was surprised at the statements of the Hon.
Commissioner opposite. He was the originator of this pro-
ceeding, and now he was frightened at the Frankenstein he had
protesting
that
raised.
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that Court.
The CHAIRMAN said he had just received a paper, signed
Flow, he must beg leave to
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Dlr. CODEIIIOI considered that the proceedings of the mi-