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116
Greenwich Police Court. The result was that the Magistrate
dismissed the summons, holding the course adopted
by the two authorities, to meet the difficulty of the road
being in two parishes, was not valid; but the Magistrate
offered to the Greenwich Board to state a special case for
the Court of Queen's Pencil. The Greenwich Board
declined to avail themselves of the suggestion of Mr.
Balguy, although strongly advised by Counsel. The
Vestry then had no alternative but to apply to the Metropolitan
Board of Works for their Order, under the 104th
Section of the Metropolis Local Management Act, 1855,
and the 8Gth Section of the Amendment Act, 1862, placing
Canterbury Road under the control and management of one
of the authorities interested. The Greenwich Board passed
a resolution consenting to an order vesting the control and
management of the road entirely in the Vestry of Camberwell;
the expense of paving, lighting up, making up, &c.,
to be mutually borne in equal proportions. Under this
order a precept was made by the Vestry on the Greenwich
Board.
This the Board have refused to pay, and legal
proceedings have now been taken by the Vestry to enforce
payment of their precept. I believe the defence is of a
technical character, and only made to enable the Board to
pay the amount demanded out of the General Rate, without
i ncurring responsibility.
I regret that, in consequence of the difficulties created
by the Act of Parliament, by the defaulting owner in the
Parish of Deptford, and by the course of action which the
Greenwich Board have felt it necessary to adopt, Canterbury
Road remains, at present, in a neglected condition.