View report page

37
1877-8—
In August, 1877, the Vestry received from the Metropolitan
Board of Works, in the usual way, notice of an application by
Mr. Knight, to build upon Trafalgar Square, White Horse Lane.
Open
spaces
continued.
The Vestry, having regard to the facts (1) that large sums
of public money were being expended to preserve open spaces in
the Metropolis, and (2) that what was then within the enclosure,
was, a few years since, part of the public highway, resolved to
stop any building operations and to restore to the highway the
part which they alleged had been wrongfully enclosed. They
accordingly served notices on the owners and parties interested,
requiring them to pull down the railings, and to restore the place
to the state in which it was prior to the railings being erefted, and
fixing a time at which the Vestry would themselves proceed with
the demolition, in default of the other persons proceeding.
The result of this was, that the parties claiming the Square,
took proceedings in the Chancery Division of the High Court of
Justice, to restrain the Vestry from carrying out their threat.
The Vestry deemed that they were bound to act as they
did, and that the parishioners would support them in their view.
1879—
The action came on for trial before the Vice-Chancellor,
Sir. R. Malins, in November, 1879.
Mr. Glass, Q.C., Mr. J. Chester, and Mr. Reid, appeared
for the Plaintiffs, and Mr. J. Pearson, Q.C., Mr. F. W. E. Everitt,
and Mr. G. Pitt-Lewis for the Vestry.
Mr. W. Nicholson was the only witness called on the plaintiff's
part, but there were 18 witnesses on the part of the Vestry.
The Vice-Chancellor having expressed an opinion that it
was clear that the space outside the small circular enclosure,
which formerly stood in the square, had been open and dedicated
to the public, only Messrs. Pollard, Moody, F. J. Wood and
Leatherdale, of the Vestry's witnesses, were called, as the evidence
of the others was also to prove that fact.
After two days' hearing, the Vice-Chancellor, notwithstanding
his opinion as above stated gave judgment for the
plaintiffs with costs.
The Vestry acting under the advice of counsel, determined
to appeal.
1881 —
Upon the Appeal coming on before the Lords Justices,
they stated that having looked at the papers they thought the case
clearly one for compromise, and adjourned it for the purpose.