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189
the Owners of houses forming such Street, shall on demand
pay the estimated expenses, and if such estimated expenses
exceed the actual expenses, then the difference between the
actual and estimated expenses shall be repaid to the Owners.
This Section by the 77th Section of the Amendment Act,
18G2, is amended which empowers the Vestry to charge the
owners of land, bounding or abutting on such street, but in
a less proportion than the owners of houses, should the
Vestry deem it just and expedient to do so.
In the case of Vestry of Mile End v. Guardians of Whitechapel
Union, it was decided that the apportionment of the
expenses on the owner of houses on one side only of the
street was bad.
The Vestry resolved to pave Canterbury Road, from
Manor Grove to the Grand Surrey Canal.—It must now be
observed that the West side of Canterbury Road is in this
Parish, and the East side is in the Parish of St. Paul's,
Deptford, and forms part of the Greenwich Board of Works.
This Vestry under the above decision of Mile End v. Whitechapel
Union had no power to levy Rates or paving expenses
on the owner of houses or land in St. Paul's, Deptford, and
on the other hand the Greenwich Board of Works had no
power to levy paving expenses on the Owners in this Parish.
Hence the difficulty, and how could the decision of Vestry
of Mile End and Guardians of Whitechapel be satisfied, and
a legal apportionment be made to enable the Vestry and
District Board recover the paving expenses in their respective
parishes.
Mr. Besley was consulted as to the best course to be
adopted to comply with this decision and the Act of