View report page

68
was the subject of a law suit in 1873, between the representatives of Mr. Jas.
Molyneux Taylor and this Vestry, the former claiming £51 or six years' rent from
1864 (when the City Road first became a public Highway) to 1871, under a lease
dated March 12th, 1793, by Lord Shuldham to Taylor's predecessor in title for 91 years
from that date. The Plaintiffs were successful, and the rent charge has ever since
been paid to Taylor's representatives by the Vestry as it had been previously paid by
the Turnpike Road Commissioners, but it appears to have been allowed on the
express understanding that the charge would expire with the lease at Lady-Day last.
Very scanty records of the particulars of this action are, however, in the Vestry's
possession.
The conditions of sale state that as regards Lot 32 (the sub-soil of the City Road),
"the title to Lot 32 shall commence with an Act of Parliament passed in the first
"year of the reign of King George III. intituled an Act for making, widening and
"repairing a road from the north-east side of Goswell Street Road next Islington
"in the County of Middlesex, and near to the road called the New Road over the
"fields and grounds to Old Street Road, opposite the Dog House Bar, and at and
"from Dog House Bar to the end of Chiswell Street by the Artillery Grounds.
"Whereby it was enacted that the Trustees or any seven of them were authorised to
"treat, contract and agree with the owners of any lands, tenements or hereditaments
"for the purchase thereof or by way of annual rent for the same, and in case of
"refusal to treat or non-agreement for the purchase of any such lands, tenements or
"hereditaments, it was enacted that the Trustees should cause it to be inquired into
"and ascertained by and upon the oath of a jury as therein mentioned. The rent of
"£8 10s. mentioned in the particulars of sale was ordered and adjudged by a jury
"empanelled in accordance with the provisions of the said Act, to be paid to the
"lessee of the land affected thereby during the continuance of his interest therein,
"and to the reversioner thereof on the expiration of the term granted by the lease
"The purchaser shall not be entitled to make any enquiry as to the said inquisition
"but shall assume the facts to be as stated herein, on production of the judgment given
"in an action brought in the year 1874, by the Trustees of the late James Taylor (the
"lessee of the premises) against the Vestry of St. Mary, Islington, to recover the
"arrears of rent payable in respect of the above road."
I venture to add for the Vestry's information, that the making of the City Road
or at least of that portion in the Parish of Islington, was authorised by an A.ct of the
1 George III., c. 26, and appears from "Entich's History and Survey of London
to have been completed and opened in 1761. By the before-mentioned Act, certain
Commissioners were appointed with powers to contract for the acquisition of the land
necessary for the formation of the road either by purchase or by way of annual rent,
and it was also enacted that in case of persons refusing or neglecting to treat, a
Middlesex Jury should assess the value. The powers and liabilities of the Special
Commissioners appointed under this Act were subsequently transferred by an Act of
7 Geo. IV., c. 42, to Commissioners for all Turnpike Roads north of the River
Thames, and in 1863 by the Act of 26 & 27 Vic., c. 78, the Tolls were abolished and