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155
A plan of the pathways of that part of Alleyn Park, from
Cro3s road to Paxton Hotel marked E to D and D to
C, was prepared. It shews that from E to D there were
houses erected on both sides, and, from D to C, no
houses were erected before 1882. In April, 1885, the
Yestry, being of opinion that the old highway had then become
a new street under the decisions, and the footpath being
out of repair, passed a Resolution under the 105th Sec., to pave
the footway from E to C with asphalte. They apportioned
the estimated expenses among the owners, who, however, denied
their liability. Two summonses were issued at the Lambeth
Police Court, one against Mr. Hunt, the owner of property
in that part of the road from E to D, being that part of the
footpath paved out of the £1,425, and another against an owner
of one house between D and C, being the part of the road
in which no money had been expended by the Parish. The
Vestry Clerk instructed Mr. Besley to appear on behalf of the
Vestry, and Mr. Poland was instructed by the Piespondent. The
learned, Magistrate having heard the evidence, was of opinion
that the whole length of the road from E to C was a " new
street" which was the chief point at issue, but that part of the
road from D to E, in which the works had been executed was of
a permanent character, and that the Appellants by paving with
granite kerbing, &c. had exercised the power given to them
under the 105th Section of the Metropolis Local Management
Act, and were bound to keep the pavement in repair.
The Magistrate, therefore, gave a decision against the
Vestry, so far as regards the pavement from D to E, but that
part of the street from D to C he found was in a diiferent
position, as there was no pavement of a satisfactory character.
He therefore dismissed the summons as against the Respondent,
but held the Resolution of April, 1885, to pave the portion of
the road from C to D, to be a valid exercise of power. On
the hearing of the summons against the owner in respect of