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92
SUMMARY PROCEEDINGS.
Summonses have been taken out for the following
offences :—
Erecting Projections
3
Obstructing Footway
2
Placing Rubbish on Carriageway
1
6
Two of the projections complained of were removed, and
the summons withdrawn in each case. The third, which is the
fixed shelter erected in front of the Lyric Theatre, not only
without the consent of the Vestry but in the face of their direct
disapproval of the plans submitted to them, formed the subject
of police-court proceedings extending over some time. In the
result, the magistrate inflicted a nominal penalty, and on the
application of the defendant's counsel expressed his willingness
to state a case on a point of law for the opinion of the
High Court. The summons was taken out under the 72nd
section of Michael Angelo Taylor's Act, and the contention
of the defendant's counsel was that that section was repealed
by the 247th section of the Metropolis Local Management
Act as being inconsistent with the 119th section of the same
Act, and it is upon this point, which was decided by the
magistrate against the defendant, that the appeal to the High
Court is to be taken. As it is important that the power of
the Vestry to prevent or control erections over public footways
should be clearly defined, it is the intention of the
Vestry to press the case.
The summonses taken out for causing obstructions on the
footway, and for placing rubbish on the carriageway, each
resulted in the infliction of a penalty.