View report page

30
was quite outside their right, and it was moreover an absurd farce if they
had any idea of giving his application to divert the path fair and impartial
consideration, when the matter was ordered to stand over till the next
Meeting ; and at the Meeting of the Law and Parliamentary Committee
held on the 31st January it was resolved to recommend the Vestry to
adhere to their previous resolution, which recommendation was adopted
by the Vestry on the 7th February, 1888. On the 9th May, 1888, the
Works and General Purposes Committee viewed the path but took no
action in the matter. At the Meeting of the Law and Parliamentary
Committee held on the 15th May, 1888, it was resolved that a summons
be applied for against Mr. Cole for obstructing the path under the
Highway Act, and that the question of the encroachment by Messrs
Last and Sons do stand over, and that the Surveyor be instructed to
prepare a plan showing the actual position of the path, and bring up a
report stating from where he obtained his information. On the 23rd
May, 1888, the Vestry confirmed the recommendation of the Law and
Parliamentary Committee as to the summons against Mr. Cole for
obstructing the path in Town Mead Road. At the Law and Parliamentary
Committee held on the 12th June a letter was read from
Mr. Taylor, Mr Cole's Solicitor, requesting that proceedings might be
stayed, and asking to be heard before the Committee, when it was
resolved that the matter do stand over till Monday, 1st July, the Solicitor
to delay proceedings pending the consideration of the letter by the
Committee. On the 18th June the Surveyor produced plan and report
hereon, and the Solicitor having stated that Mr. Cole's Solicitor had
waited on him that day and acknowledged Mr. Cole's error, and stated
that they were willing to pay any compensation the Vestry asked,
provided the Vestry would apply to the Justices for the diversion of the
footpath, it was resolved that the matter stand over for the Committee to
view, which was accordingly done on the 22nd June, when it was resolved
that the consideration of the subject be adjourned, the Surveyor to get,
in writing, evidence as to the path on the top of the bank being a
public footpath.
I am, Gentlemen,
Your obedient Servant,
CHAS. J. FOAKES,
Clerk to the Vestry.