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it advisable to take steps for the acquisition of the portion
of the premises required for the widening of King Street
before the proposed alterations were made. It accordingly
served notices to treat for this portion upon both the freeholder
and leaseholder, under Michael Angelo Taylor's Act,
but the parties interested refused to negotiate except upon
the basis that the whole of the premises were taken.
A sealed tender for the portion required was then served
by the Council on the leaseholders, who thereupon served
on the Council a writ of injunction to restrain it
from acting upon its notice to treat. As the object
of the writ appeared to be to compel the Council to
acquire the whole of the premises, the Council, having
regard to the importance of the question as affecting other
properties to be acquired for the King Street Improvement,
decided to contest the action. The case was tried before
Mr. Justice Buckley in the Chancery Division of the High
Court, when the plaintiffs were represented by Mr. S. O.
Buckmaster, K.C., and Mr. J. F. Waggett, and the Council
by Mr. Astbury, K.C., and Mr. Courthope Munroe, and
judgment was given on the 19th December, 1905, in favour
of the plaintiffs. In granting the injunction the Judge held
that the strip which the Council proposed to take was such
as that the part was not separable from the house so that it
could be removed without destroying the house as a house,
and that the case was governed by the decision of the
Divisional Court in Gordon v. St. Mary Abbotts, Kensington,
and the decision of Mr. Justice Stirling in Gibbon v. the
Paddington Vestry. The Council gave notice of appeal
from this decision, and subsequently the leaseholders
expressed their willingness to sell the portion of the premises
actually required. Negotiations are in progress both with
them and the freeholder, and subject to a satisfactory settlement
being arrived at the appeal will not be proceeded with.
2. Great Church Lane.—In addition to the expenditure
of £12,229 1s. 10d., shown in the last report as the
cost of carrying out the widening of Great Church Lane,
the Council has paid £50 for the acquisition of a strip of
land in front of the new parish hall in that thoroughfare.
3. Brook Green Road.—In addition to the premises
named in the last report as having been acquired by the
Council in connection with the widening of Brook Green
Road, the following have been acquired during the year: