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5
from encroachment by buildings being erected without the
sanction which the Act requires.
An application having been made to the Metropolitan Board
of Works, for its consent to the erection of a Church at the
corner of Penton Street and John Street, Pentonville, the proposal
was submitted to this Vestry for approval, and it appearing
that such building would project 22-feet 3-inches beyond the line
of houses immediately adjoining in Penton Street, the Vestry
expressed their objection thereto. The Metropolitan Board also
refused its consent. Nevertheless, the building was proceeded
with, and the Vestry felt bound to take such steps as were calculated
to raise the question of right, without however resorting
to extreme measures, but which proved of no avail; and the
Metropolitan Board having called the attention of the Vestry
to the fact that the building was being proceeded with, notwithstanding
the refusal of its consent thereto, the Vestry felt they
had no alternative but to take the course prescribed by law, and
accordingly they caused so much of the building as infringed on
the public rights to be demolished, the result of which was a
Chancery suit, which was decided by the Vice Chancellor against
the Vestry.
The Vestry being advised that such decision was contrary to
Law, caused an appeal to be made to the Lord Chancellor, when
the judgment of the Vice Chancellor was reversed, and the
right of the Vestry established.
Annexed is the Balance Sheet for the Year, and the Medical
Officer's Report on the Sanitary State of the Parish, to which
attention is directed for further and more general information.
By order,
ROBERT PAGET,
Vestry Hall, Clerkenwell, Vestry Clerk.
November, 1861.