§ Mrs. M'GOVERN (Cavan, W.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that several contractors for public works in the county of Leitrim were obliged to recover the amounts of their contracts from the County Council by obtaining decrees with coats from the County Court Judge against the County Council, although the County Council was anxious to pay these contractors, but could not do so without the County Surveyor's certificate in writing; is he aware that the County Surveyor gave as his reason for not giving his certificate that he had been warned by the he gave a certificate for payment for any Local Goverment Board Auditor that if work not completed at the date specified in the contract he would be surcharged with such payment; can he state whether the Local Government Board auditor has power to make a surcharge against a County Surveyor in such cases; and whether the County Council has power to extend the time for the completion of a public work when the County Surveyor recommends such extension.
§ MR. WYNDHAMI am not aware that proceedings have been taken, as stated in the first part of the Question. The auditor believes he expressed a doubt as to the legality of such payments if certified before the completion of the work. If challenged by a ratepayer, they might be subject to disallowance. Article 26 of the Procedure of Councils Order, 1899, requires that, in every case, the County Surveyor shall certify that the work has been executed before payment can be made. An auditor has power to surcharge a payment which, in his opinion, is illegal. The power of a County Council to extend the time for the completion of a public work, other than a work of maintenance, depends upon the terms of the contract.