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habit of using the space of three feet immediately in front of
the buildings for the deposit of goods of various kinds, chiefly
of vegetables from the Borough Market, and the practice had
grown to such an extent that the space in question at the
entrance from the Borough High Street, was practically lost to
the public. Some doubt was felt, however, as to whether the
tenants had not a right to the exclusive use of the three
feet for their own purposes, the same having been included in
tho original leases granted by the Metropolitan Board of Works,
and having to be paved and maintained by the lessees ; on the
other hand it was provided in the original agreements that the
fronts of the buildings next the street were to be built and
always remain set back three feet from the face of the vaults
under the footways, and it was evident that in some cases at
the corners of intersecting streets the space in question constituted
nearly the whole of the footways. Moreover, Southwark
Street was designed to be 70 feet wide, which it would
not have been without the inclusion of the three feet.
In order to test the matter, the Board, on the advice of
Messrs. Washington, Hickling, & Passmore, who were then
acting as its Solicitors, caused notice to be served upon the
whole of the tenants responsible for the obstructions to remove
them, and, on default, summonses were taken out against two of
the tenants named Taylor and Wright. The case came before
Mr. Slade, the Magistrate at the Southwark Police Court, who,
on the 8th April, 1889, after viewing the locus in quo, and
carefully considering the matter, gave his decision, which was
to the effect that the three feet formed part of the public way
and should be kept clear of obstructions.
For many years after the Board was established it was,
in common with the other administrative Vestries and District
Boards of Works, practically tree and uncontrolled by any
central body, the Local Government Board not having been
constituted and the Metropolitan Board of Works having very
little jurisdiction over it. By degrees, however, the Local
Government Board and, much more recently, the London
County Council have under various Acts of Parliament asserted
authority over and it is no longer the free agent that it once
was ; the appointments of Medical Officer of Health, Sanitary
Inspector, &c., being now made subject to the approval of the
Local Government Board, and the London County Council
having very considerable powers of control in sanitary and other
matters.