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69
LEGAL PROCEEDINGS.
Eayres v. Chisnell.
This action against one of the Rate Collectors, particulars of which
will be found in the Annual Report for last year, was tried before Mr.
Baron Pollock and a Special Jury on June 4th, 1891, with the result
that judgment was given for the Defendant with costs, the Plaintiff
not having given the statutory notice of action. The Vestry, which
had instructed its Solicitor to defend the action, has, however, had to
pay the whole of Defendant's costs (amounting to £83 17s. 4d.), it
having been found impossible to recover any portion from the Plaintiff,
who has, moreover, intimated his intention of appealing against the
judgment.
The Vestry v. Barratt.
A summons was issued at the instance of the Yestry in May, 1891,
from the Clerkenwell Police Court, against Mr. G. O. Barratt, a builder,
for erecting a shop on the forecourt of 147, Stroud Green Road beyond
the general line of buildings without the consent of the London County
Council, contrary to the provisions of the Metropolis Management
Amendment Act, 1862. The building had been decided to be in advance
of the general line by the Superintending Architect of the London
County Council, against whose decision the Defendant had appealed
to the court of experts constituted by the London County Council
General Powers Act, 1890. This Court, consisting of three members
appointed by the Council of the Royal Institute of British
Architects, the Council of the Surveyors Institute, and by the London
County Council, also decided after considerable delay against the
Defendant, but having regard to the fact, which came subsequently to
the knowledge of the Vestry, that negociations were in progress to
obtain the consent of the Council to the erection of shop-fronts on
all the adjacent forecourts, the Vestry subsequently withdrew the
summons.
Smithers (otherwise Henry) v. The Yestry.
In December, 1891, a notice of action was served upon the Yestry
at the instance of the Plaintiff in respect of damages alleged to have
occurred to his horse and brougham through a subsidence in Poet's Road.
The Yestry instructed its Solicitor to defend the action, but the matter
had not come into Court up to the end of the year with which this report
deals.