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9
After two day's hearing, the Vice-Chancellor, notwithstanding
his opinion as above stated gave judgment for the plaintiffs
with costs.
The Vestry particularly desire to draw attention to the following
extract from the judgment of the Vice-Chancellor.
The Vice-Chancellor says:— "Now, considering that the
square had become (although I have no doubt the property in
the soil remained the property of the plaintiffs) so much public
property and had become so much devoted to the houses around
the square, I think any inhabitant might have prevented
Mr. W. Nicholson from building on the square as he proposed.
I am very distinctly of opinion that the proposal to build was one
which he could not carry out, and being wrong in the proposal
to build, that proposal has, very unfortunately, led to this litigation.
"If the Vestry, as the protectors of the district, thought it
was wrong (as I think they were entitled to think), there was a
very plain remedy open to them, namely, that if he proposed to
build, they could apply to any branch of the High Court of
Justice, although, no doubt, the Chancery Division would be
the best division for an injunction to prevent his doing so. I
cannot entertain any doubt that if any branch of the Court had
been applied to it would have granted an injunction to prevent
Mr. Nicholson, or any one on his behalf, from building the
street as he proposed. * * * * If the plaintiffs had intended
to put buildings there I do not wonder at the Vestry objecting
(it was their duty to object), but the precise way in which they
proceeded to object does surprise me, because I am clearly of
opinion that that was wrong."
The Vestry had been most carefully advised before-hand by
Counsel as to the mode of proceeding, and Counsel are still of
opinion that the course adopted was the right one.
From the extract from the Vice-Chancellor's judgment, abovequoted,
the Vestry feel that they are fully shewn to have been
right in their contention, that the part outside the circular
enclosure had been dedicated to the public, and formed part of
the highway, and that Mr. Nicholson had no right to build.
The Vestry resolved itself into a Committee of the whole
Board to consider the judgment of the Vice-Chancellor and
Counsel's opinion thereon, and after carefully considering the
whole matter, determined to adopt the advice of Counsel, and
appeal against the judgment, and the appeal has accordingly
been lodged and awaits hearing.
Trafalgar
square.