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shall extend or be construed to extend, to charge the Board
with the liability or expense of repairing or making good
such pavement or arches in future. But when the same
shall have been in the first instance paved the
same shall for ever thereafter be kept in repair by the Street
Authority of the district in which the same is situate
etc."
Section 36.—"When the street improvements are
made, so much of the same as shall be laid out for carriageways
or footways of any street shall form part of such
street, and may be used by the public accordingly, but the
soil thereunder shall continue to be and be vested in the
Board, and such street, and the sole power, authority, and
duty of paving, maintaining, repairing, cleansing, and
lighting the same, shall be under the care. management,
control, and jurisdiction of the Street Authority of the
District in which the same is situate."
"Provided always that with respect to the new street
from Gray's Inn Road to St. John's Street Boad, the Vestry
of the Parish of Saint James and Saint John, Clerkenwell,
shall at all times, and from time to time, comply with the
provisions of this Section, not only as to so much of the
surface of the said new street as lies within the said Parish,
but also so far as the same are applicable as to the viaduct,
etc. and the said Yestry may, for the purposes of
such compliance, from time to time execute all such works,
and do all such acts as they may think necessary."
The Local Government Act, 1888 (51 and 52 Vict., c. 41)
puts the London County Council into the shoes of the Metropolitan
Board of Works.
Section 11 (10).—"The County Council may, if they
think fit, contribute towards the cost of the maintenance,
repair, enlargement, and improvement of any highway or
public footpath in the County, although the same is not a
main road."
The Solicitor to the London Council says a contribution in
the case of Rosebery Avenue is ultra vires.
Opinion.
The Vestry cannot now raise the point that the road was
badly paved to commence with; by accepting the duties of