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tainly have been a safe and solid contributed to the support of the foundation. I attribute the falling pier. The one under the pier was of the building to the badness of broken. I examined two of the the piling, and the bad manner in other piers, and the piling under which the piles were driven. When them was not proper.
Under one this examination took place, Mr. there was only one bearing pile, Peto's foreman attended, and some and the other two piles were people employed by him checked placed at the corner. Under the the examination. I should think other pier there were four piles, that the charge of 24,000l. for the and part of another. That number piling is more than sufficient. l of piles was not sufficient to sustain examined the spandrels of the a building of that weight and magarches, and, instead of being filled nitude. I examined the sleepers, up with solid brick work, they and found some of them in a dewere filled up with lime rubbish, cayed state, and some of them grouted in and covered, sometimes bent. I attributed their being with one or two surfaces of bricks. bent to the tops of the piles not About 250l. was quite sufficient touching the sleepers, so that the for that work, when I consider pressure was not equal. Some did the manner in which they were not touch at all, and some did not filled in. If they had been filled touch uniformly. This was not a up with brick-work, the charge workman-like way of doing busiwould have been 1,600l. I ex ness. I found the brick-work in a amined the boarding under the crumbled and crushed state. I slating on the roof of the house; attribute that crumbling and crushe that boarding was quite otherwise ing to the pressure occasioned by than according to the specification. the weight of bricks which ought The greater part of it was ma- not to have been there. Stone terials that had been used before; ought to have been placed there, some quite rotten-some were and a larger bearing. Several of three inches long and tapering the piles were bent, therefore not and they varied from twelve to fit to be placed in a situation of three inches. A great many of that sort, as their being crooked them were decayed. I am em- detracts from their strength and ployed in doing that which is ne- solidity. I saw some of the piles cessary for putting the building in after they were taken up. One a proper state ; I have looked at was only three feet long, and they the items of charge; in the ac- varied up to five feet. The piling count, the spandrels of the arches was not executed in a proper and are charged as solid brick-work. workman-like manner. I attribute
Mr. George Rennie, examined the falling of the pier to the badby Mr. Solicitor-general. I am ness of the piling. an engineer, and attended at the Thestatements of Messrs. Smirke Custom-house to examine the state and Rennie were confirmed by the of it after the pier fell in ; I ex- testimony of Messrs. Walker, Milne, amined the piling under the piers Morrice, Baker, and Austen, surthat had given way.
veyors, and Mr. John Atkins, carwhich had given way, there was penter. one whole pile, and one at the The receipt of Mr. Peto for corner, which, in a small degree, 12,9001. for the piling having been
produced and read, the case for the Peto several times speak to Mr. Crown closed.
Day about the discovery of old Mr. Scarlett stated the case for walls; I heard him say it was the defence. Mr. Peto, he said, got better to take them all away,
and directions in writing, followed them place York landings. Mr. Day to the letter, and, in the opinion said he would take away the walls of the inspector at the time, had where he thought fit; he
such completely done his duty. In directions regularly. The first pile every thing he followed the direc- was, I believe, driven about the tions of the Crown agents. It was beginning of July; it was of oak. contended that the spandrels of the Mr. Day said there should be no arches should have been filled up more oak piles; the timber was to with brick-work, but there was be beech. There was no beech no stipulation to that effect in the then driven, and the work waited contract. As to the materials ema until they were supplied. I saw ployed on the roof to support the the beech timber supplied ; it was slates, they were approved by the of a very good quality, and was government architect and inspector. driven under the directions of Mr. They consisted of boards which Day. I heard Mr. Peto tell had been put up during the pro- Mr. Day, when the pile-driving gress of the building for the con- began, that he wished he would venience of the workmen and for appoint some person to see to the holding their tools, and which had pile-driving, as he (Mr. Peto) been used as planks for scaffolding, could not attend to it. or other such purposes. Mr. Peto named Mullins was appointed by was compelled by the Crown Mr. Day ; who came about two agents to purchase that timber from days after the beginning of the the government for the express pur- pile-driving. The pile-driving for pose of applying it as he had the long room commenced about actually done.
three months after. Mr. Day Mr. John Cook examined by gave Mullins orders to see that the Mr. Common Sergeant.--I was in monkey struck the pile-head a the employ of Mr. Peto in 1813, certain number of times. In the and his general foreman. first instance, we cut off with an Mr. James Day was clerk of the axe the projections on the piles, works in the year 1813, acting and did so for several days; we under the orders of Mr. Laing, the were afterwards ordered not to architect. I received orders from hew off the knots, but to preserve Mr. Day with regard to getting the bark, and only to sharpen the the level of the old vaults. After end where the shoe was to go on. clearing away the rubbish, we be- It was a very laborious operation, gan to dig for our footings under and the works were suspended for the direction of Mr. Day; 4 feet seven weeks. I did not perceive 6 was the depth we were to go; at the time that the oaken timber below that level we found a great was injured; but it was not number of old walls; some were used, in consequence of the objecof brick and stone, and some con- tion of Mr. Day, and new timber structed with oak and chalk. was then brought. There were When they resisted the piles, we from 120 to 130 loads of the time applied to Mr. Day. I heard Mr. ber not used. Mr. Day was at the
works every day, and Mr. Mullins decay sooner than any other, if not attended to the driving of the kept under water. I mentioned piles. The planking commenced this to Mr. Day at the early part almost directly, and followed the of the work; he said that it was piling in each place. Mr. Peto wood chosen by Mr. Rennie. He objected to the mode of planking had seen the ground underneath ; directed by Mr. Day; if the timber in his opinion it was not fit for should give way, it would make a piles to be driven into. After the great cavity. Mr. Day persisted first floor of the building was up, in his order. Mr. Peto said to the groin of one of the arches Mr. Day, that where the columns gave way. I advised Mr. Day to were to stand at the west wing, clear the foundation all away, and the weight would be so heavy, support the column upon an inthat he wished to have oak piles, verted arch. Mr. Day said it to which Mr. Day objected, but would do very
well as it was. said he would consider about it, When they first began the piling, and in the course of three days the tide flowed in every tide ; if there was an order to drive oak beech is under water it will last piles. It was at the east and west longer. There were old drains wing, and not at the main body, under the foundation. they were driven. I took the Mr. Scarlett said, that, as it was measurement of the greatest part admitted that Mr. Pete had given of the piles. I know of no one his opinion that piling was an iminstance in which Mr. Day's orders proper mode, he need not prove were not strictly complied with. it. I was employed by the commission Several other witnesses were ers of the Customs to build the then examined, who deposed to the new wharf wall. I know not of same effect. any
effect that wall would produce, The Attorney-General replied except that it would prevent the at considerable length, He touched water from getting to the foun- upon all the evidence that had dation. I think it was water been produced, and claimed a vertight.
dict for the Crown upon the whole George Leyburne. The piles of the issues, which were ten in were cut to the length that Mr. number. Day ordered. They were then The Lord Chief Baron, with shod. When Mr. Day could not great perspicuity, summed up the get down the pile as far as he evidence. The Jury having rewished, he had it cut off, and some tired to consider their verdict, retimes had another driven by it turned in half an hour for the he ordered some of the short piles opinion of his lordship, whether to be cut off, so as to range with the verdict should be general, or the sleepers ; sometimes the piles upon the ten separate issues. His took neither the planks nor the lordship said, he considered the sleepers. All the piles, without justice of the case would be better any exception, were chosen hy met by a verdict upon the issues Day. The piles of the part that has separately. Upon which they again come down are all beech. I never retired ; and, having consulted todrove any beech piles but at the gether for two hours, returned a Custom-house, and that wood will verdict for the Plaintiff upon the
first issue: That there was a stra- tions omitted, it should be done, tum of hard gravel into which piles and the builder should make a procould have been driven; and for portionatecharge. The specification the Defendant upon all the others. placed Mr. Peto generally under
the orders of the architect; for
every particular was followed up Nov. 25,
with the words, “as may be di
rected ;" so that, in fact, it was no In Trinity term, the Attorney- specification, for it only specified General obtained a rule to show that some other specification may cause in the alternative, either why be given. It was in the power of judgment should not be entered the architect to alter every particuup for the Crown, non obstante vere
lar. dicto, on the issue which was found If he had ordered that the piles for the Crown, or why a new trial should be altogether omitted, Mr. should not be had on that part of Peto was bound to do so; and, conthe verdict which found that Mr. sequently, if he had directed that Laing had been authorised by the the piles should be cut shorter than commissioners to direct the build was required in the specification, ings, as there was no evidence of Mr. Peto was bound to follow his any such authority having been in- directions. The Jury had found trusted to him. Mr. Scarlett, on that, Mr. Peto had, in no particubehalf of the defendant, obtained lar, deviated from the original spea rule, calling on the Crown to cifications, unless by the directions show cause why a verdict should of Mr. Laing; and by the contract not be entered for the defendant, Mr. Peto was liable to be disnon obstante veredicto, or why a charged if, in any particular, he new trial should not be had, on the acted contrary to Mr. Laing's ground that there was no evidence orders. The intention of the to support the finding that a stra- Commissioners, when entering into tum of gravel could be found, into the contract, was evidently this-which piles could be driven ac that as far as they could then decording to the specifications. termine on their plan, it should be
In Michaelmas term, Mr. Scar- according to the specifications, sublett showed cause against the rule ject to such alterations as they for the Crown: he read that part might, during the progress of the of the contract between the Com- work, deem prudent to make. Mr. missioners of the Customs and the Laing was the organ
of their defendant, which stated, that where wishes respecting such alterations. any doubt arose respecting any of the Mr. Peto's judgment was entirely particulars mentioned in the speci- subservient to his. He told Mr. fications, the Commissioners of the Laing, that the piles would not anCustoms, or their architect, were swer the purpose, and he recomto direct what might or what might mended as a substitute what Mr. not be admitted ; and, if in the Smirke had since adopted. Mr. progress of the work, the architect Peto declined to abide by Mr. should think that the foundation Laing's directions in that particushould be sunk deeper, or that any lar, unless he had his written oradditions should be made, or any ders; and could any one say, that, of the particulars in the specifica- if the Commissioners had given to
Mr. Peto written orders to the that alleged right the point in the same effect, a compliance therewith case turned. If he (the chief would amount to a forfeiture of his baron) had entertained a doubt at bond ? - Certainly not-ergo, a all, he should have been unwilling compliance with such orders from to give any opinion upon the case, their agent, their mouth-piece, without consulting his ' learned could not operate as a forfeiture. brethren, who were more conver
The Common Sergeant, Mr. sant with pleading than himself. Rotch, and Mr. Pattison, followed It appeared to him, however, that on the same side.
the learned counsel for the Crown The Attorney-General, in sup- were in the right, because there port of the rule, said, that, admit was one of the issues on which ting, for the sake of argument, that the Crown had been declared enMr. Laing wasinvested with all that titled to judgment on merits — dispensing power which the other those merits which applied to side alleged he had, still no defence every part of the case, and which had been made out. The argu- were, consequently, decisive of it. ment is, that, according to the con The question was, first, should a tract, Mr. Laing had power to de- verdict be entered up on the issue termine in matters of doubt, and found for his majesty by the jury, that there was a doubt respecting namely, that which established these piles, which warranted Mr. that there was a stratum of gravel, Laing's interference. But, Mr. into which the piles might and Peto says himself, that he knew the ought, by the terms of the agreepiles would not answer, and that of ment, to have been driven? The this point he entertained no doubt; next questions were, whether and the Jury have found that judgment upon the remaining there was a stratum of gravel, into issues ought not similarly to be which the piles could have been entered up for the king? Indedriven, according to the specifica- pendent of the arguments of the tion. The defendant having ad- learned counsel for the Crown, he mitted that it was only in cases of thought it might be collected from doubt that this dispensing power those of the other side, that, unwas given, and it having appeared less they could prove sufficient on his own showing that no such power in the surveyor (Mr. Laing) doubt existed on the occasion, judg- to order the variances referred to, ment should be entered up for the their case could not be supported. Crown.
It seemed to him to be sufficient Nov. 27. The Lord Chief Baron for the general purposes of the proceeded to give judgment. His cause, to consider what ought to Iordship said, the great question be done respecting the first issue. in this case, in whatever aspect it In that issue the Crown said that should be viewed, was the con- Laing (the surveyor), or his clerk struction of the deed. That was of the works, had no power or an instrument under seal, and by authority, by the deed, to give which the defendant was bound. any directions varying or alterThe defendant's counsel had, there- ing the piling from the description fore, been driven to argue that, by and mode pointed out in the spethe instrument, their client had a cification. The defendant affirmed, right to act as he had done-on on the contrary, that Laing, or his