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146
houses forming the greater part of any new street laid out
or made, or hereafter to be laid out or made, which is not
paved to the satisfaction of the Vestry."
In this road there were only eleven houses, or, more
properly, mansions erected, all standing in their own
grounds. Thomas Tapling, Esq.'s mansion had a frontage
of at least 750 feet. The mansion formerly occupied by the
late Captain Pim, had a frontage of 400, and the others had
less dimensions. It will therefore be seen, that inasmuch as
it has been decided in several cases, that in order to constitute
a new street under the said Section, that there must
be a continuous row of houses on each side of the street ;
and, also having regard to the language of the Section, the
Vestry felt it necessary to consult counsel thereon, and he was
of opinion that the road was wanting in the essential element
to constitute a new street under the Statute, there not being a
sufficient number of houses of continuous character, the
Vestry, acting under such advice, did not deem it prudent
further to proceed with the matter. The attention, however,
of the Vestry was called again to the question by a resident
in the neighbourhood, and the Vestry eventually took up
the matter, and the General Purposes Committee, to whom
the matter was referred, resolved to recommend the Vestry
to take the opinion of the Magistrate whether the road was
a new street within the meaning of the 105th Section, and
for that purpose put in force the said Section. The Vestry
adopted the recommendation. The Surveyor made his
estimated expense, amounting at £2,047, and the Vestry
apportioned the same amongst the owners. The contribution
of Thomas Tapling, Esq., amounted to the large sum of
£490 14s. l1d. All the owners paid the apportionments
with a little murmuring save Mr. Tapling, whose solicitor