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14
ntil the 8th April, when Mr. Slade gave his decision as-
under:—
"The Defendants arc summoned under Michael Angelo Taylor's
Act (57 Geo. TIL, c. 29, sect. G5) for placing wares upon the footway
in Southwark Street.
"This is a new street made, according to maps and plans produced
before me, by a private Act of Parliament in 1857.
"Tho footway in dispute is a Space of ground three feet in width, in
front of and adjoining the premises of the defendants under which
are arches of the defendants' premises, and upon which are gratings
and flaps, placed there for the purpose of giving light and air below.
"It was proved in evidence before me that the defendants had
undoubtedly exercised acts of ownership over the ground in question
by placing sacks of potatoes and carrots there, and in other ways
without being disturbed for 20 years; that thoy had pavod it and
kept it in repair at their own expense; that a lino was placed in the
pavement showing tho extent of the boundary; moreover tho Board
of Works had never interfered with their enjoyment until the
present year.
"If long user and uninterrupted enjoyment created a prescriptiveright
in such cases, the defendants would perhaps have an indisputable
right to tho land in question; but, in my opinion, lapse of time
is no bar and cannot operate against the rights of tho public. The
defendants have been hardly usod in this matter, but I cannot allow
the laches of the Board of Works to prejudice tho community. Tho
defendants have a grievance, but it is always better that a private
mischief should bo endured than a public inconvenience.
"I find as a fact that Southwark Streot, opposite defendants'
premises, as defined according to the maps and book of reference,
and according to the ovidence, is of tho width of 70 feet, of which 46
feet is road and 24 feet footway.
"The summonses must bo upheld, and I inflict on the defendants
the nominal penalty of Is. without costs."
The occupiers of premises in Southwark Street have, for the
most part, discontinued the obstructions complained of; but,
in one instance where goods were afterwards persistently placed
on the 3ft. way, a summons had to be taken out, and the
defendant was fined 40s. and costs.
School Board
Elections.
in December a circular-letter was received from the vestry
of St. Pancras on the subject of School Board for London
Elections, expressing an opinion that the Parliamentary areas
should be constituted the electoral divisions for the School
Board, and requesting this Board to appoint delegates to
*This was a misconception, the tenancy of the defendants being of comparatively
recent date.