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154
not endeavour to escape payment by legal technicality, but pay
their contributions readily so that the Yestry may be enabled
to make up the road which is now in a wretched state and
depreciating the value of the property in consequence.
ALLEYN PARK, dulwich—vestry, v. hunt.
The General Purposes Committee, at a Yestry held on the
14th July, 1875, recommended that £11,289 should be laid out
in the respective Wards of the Parish, many complaints having
been made of the neglected condition of the roads in certain
localities, and the Yestry resolved that £5,907 should be laid
out in No. 6 Ward. Out of this sum £1,425 was expended in
tar-paving and kerbing a part of the footpaths of Alleyn Park
as hereinafter referred to.
This road had always been paved bv the Vestry as an
old highway, but the cases of Pound v. Plumstead Board of
Works, and Dryden, v. Overseers of Putney decided that when
old highways were widened and houses erected, on the abutting
land, so as to form a "street," theoldhighway became converted
from an old Parish road to a "new street," and amenable to be
paved under the 105th Section of the Metropolis Management
Act, 1855, which casts the expense on the owners of
the houses abutting the road. Alleyn Park was at this period
bounded on each side by open land, the roadway being of varying
widths and in some parts very narrow. The Governors
of Dulwich College (the freeholders) being desirous of improving
the land for building purposes, their Surveyor prepared
plans for widening and laying out the road. Houses were
from time to time erected thereon and to show the gradual conversion
of Alley n Park into a "new street " it was proved that in
1856 the number of assesments represented only a rateable
value of £826, whereas in 1885 there had been erected 52
houses of the rateable value of £7,800