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and ultimately the Board applied to the Magistrates at Croydon,
under the 225th sect., which directs that in every case where any
expenses are to be recovered in a summary manner (as under sect.
86), the "amount shall, in case of dispute be ascertained, and determined
by, and be recoverable before, Two Justices."
It was admitted that the Board had expended the amount sought
to be recovered in the exercise of the powers vested in them, but
was contended that a wise discretion had not been used by them,
under the circumstances of the case, and therefore the Bench
ought not to make the order. In this view they concurred; and it
was in vain contended on the part of the Board that it was not the
intention of the Legislature, under the section referred to (225), thus
to constitute " Two Justices," or within the Metropolitan Police District
a Stipendiary Magistrate, a Court of Appeal against the acts of
the Yestries and Boards of Works; such a Court (the Metropolitan
Board of Works), being expressly constituted under the 211th sect,
of the Act.
The Chairman (Mr. Biron), did not hesitate to express an opinion
that the Metropolitan Board would be certain to endorse the order
of the District Board, and that he would not open the door to such
oppression; and the Bench declined to make an order for the
expenses incurred by the Board, and directed them to pay the costs
attending the summons.
It was proposed to take Counsel's opinion as to the remedy of the
Board under such circumstances, and a Committee was appointed
to view the premises ; they did not, however, agree as to the propriety
of the works constructed, and in the meantime an offer was
made by the owner of the premises of £10 by way of compromise;
this amount was, with certain qualifying conditions, accepted at a
meeting at which seven Members only were present. Against th!s
act of the Board several Members claimed the right, at a subsequent
meeting, of entering their protest; but the compromise being
then effected no further steps were taken in the matter. Thus the
question is still open whether the Magistrates, under the section
referred to, have the power of determining the discretion or otherwise
of the Vestries and District Boards in the exercise of their
powers, and of visiting the Ratepayers with the expenses involved
in an adverse judgment.
Under the power vested in the Board by the sections (73 and 81),
under consideration, they have effected the drainge of the Workhouse,
the Free School, the Police Station, 23 houses in the Grove,
turning out of Lewis Grove, including the 200 feet of pipe sewer
proposed to be laid there (see Abstract of Surveyor's Report), and
44 other houses. The total cost of these works, and the amount
repaid to the Board up to the 25th March, 1857, will be seen by
reference to the statement of Receipts and Expenditure. Further
payments to a considerable amount have been since made.