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99
having formed part of an ancient way running from Bankside
to Union Street known as Castle Lane, a great portion of which
was abolished on the formation of the Southwark Bridge
approach, then known as Bridge Street. Acting under legal
advice, the Commissioners had the wall pulled down, and
forthwith the Company commenced an action in the Court of
Queen's Bench against those of the Commissioners who were
present at the destruction of the wall, £1000 damages being
claimed.
The case came on for trial in August, 1855, at the
Croydon Assizes, before the Lord Chief Baron Pollock and
a Special Jury; and, after several hearings and adjournments,
the question at issue being held to be one of fact rather than
of law, it was, on the suggestion of the Judge aud with the
consent of both parties, referred to a member of the Bar to
settle, and also with authority to assess the damages if the
Court should be of opinion that tho Commissioners were not
justified in what they had done, Mr. Serjeant Channel being
appointed the Arbitrator. A right of footway was, throughout
the proceedings, admitted by the plaintiffs.
The case was fully inquired into by the Arbitrator, witnesses
being heard, and documents examined from time to
time, and it is stated in the minutes of the old Commission
that, on the part of the Commissioners, a great body of
evidence was adduced showing that Horse Shoe Alley had
been from time immemorial a public footway, and generally
used for barrows and trucks.
After many adjournments, pending which the St. Saviour's
Board of Works was formed and the Commissioners superseded,
Mr. Serjeant Channel issued his certificate deciding and
directing that the verdict should be entered for the plaintiffs,
and assessing the damages at £137.
The Bourd consequently had to pay the costs on both
sides, viz.:—
The Plaintiffs' (including damages) settled at 1,375 0 0
The Commissioners', amounting to 659 l6 1
£2,034 16 1
An inscription at the north entrance ot llorse Shoe Alley
is as follows:—"This is a private road for foot passengers
only.—By order, July, 1878