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38
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spaces,
continued.
The Vestry did all in their power to effect the wishes of the
Lords Justices, and even went far beyond what they were advised
to do, but all to no purpose.
The Plaintiffs insisted on just such terms as they would
get if they wholly succeeded, and accordingly, after months of
fruitless negociation, the case had to be set down again for hearing.
It was finally heard on the 28th January, 1881, when the
Appeal was allowed and the Plaintiffs' Bill Dismissed with costs.
This result alone fully justified the Vestry in the course
they took, but the Lords Justices evidently considered the Vestry
had not insisted on their legal rights only, but were equitably
entitled to the judgment.
The Plaintiffs gave notice of Appeal to the House of Lords,
but failed to conform to the requisite formalties within the time
allowed, and the appeal may therefore be considered at an end.
The costs have been taxed and allowed as against the
Plaintiffs at over £400, but there will be a considerable sum to be
paid by the Vestry, as the taxing master only allowed the fees of
two counsel, and disallowed all the cost of short hand writer's
notes, and also of several of the witnesses.
Great difficulty is experienced in obtaining the costs, in
consequence of the Plaintiffs being Trustees, and having no money
in hand as they allege, but it is hoped that the amount will ultimately
be obtained. The Plaintiffs are personally liable for them
whether they can get them out of their trust estate or not.
Road
pavings.
The subject of paving the road was among the first which the
Vestry took into serious consideration.
In 1857 the matter was referred to a Committee, who
recommended the borrowing of £40,000, which they estimated was
the cost of doing what was necessary.
The amount was so large that the Vestry referred the
subject back to the Committee for reconsideration, but the Committee
could only advise a reduction of £12,000, and the Committee's
recommendation was adopted.
The subjetfl of borrowing the money was referred to the
Finance Committee, who recommended that /5000 should be
borrowed at once, and the remainder from time to time as required.
The Vestry agreed to this, and divided the money equally between
the five wards.
The Mile End Road was first proceeded with, and from
time to time numerous other works were done, and at March, 1858,
it was reported that 68,404 feet of new pavement, and 19.937 of