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69
the City Road passed as an ordinary highway into the hands of the Vestry. The last
named Act by s. 4 provided not only that the City Road should be maintained, &c.,
as an open highway by the Vestry but that all Quit-rents and other outgoings payable
in respect thereof " shall continue to be paid by the Vestry as part of the maintenance
thereof." It may of course turn out that the rent charge of £8 10s. is as alleged by
the Vendors a perpetual one awarded to Lord Calthorpe's predecessors in title under
the Act of 1 George III. by a Jury for their interests in the land taken to form the
road, but I am unable to find nor does there appear to have been in the action brought
by Taylor's representatives any documentary evidence of this. Until this is forthcoming
it seems impossible to ascertain what the original City Road Trustees actually
purchased, whether the freehold limited interest subject to a perpetual ground rent
or an easement only, and still more is it difficult to understand how the enclosure
which Lord Calthorpe now claims the right to, came into the possession of the
Vestry's predecessors, the City Road Commissioners, by whom it appears undoubtedly
to have been enclosed.
The matter is undoubtedly a very intricate one, and I would venture to suggest
that the Solicitor be instructed to take steps in the matter, and if necessary to take
Counsel's opinion with reference to the Vestry's rights and liabilities. As the sale is
announced to take place on April 28th, no time should be lost.
I may add that I have to-day obtained, on loan, from the Vestry Clerk of
St. Luke's, the Minute Books of the original City Road Trustees from 1785. These I
propose to have searched to see if any information can be obtained from them.
The Vestry adopted the suggestion as to taking Counsel's opinion,
and a Case was, without delay submitted on the Vestry's behalf to
Mr. Alexander, Q.C., who, however, advised that the Vestry's right to
the Goswell Road enclosure, or even to the sub-soil of the City Road
was to say the least doubtful, and not in his opinion sufficient to
justify it in interfering with the sale. Before the sale actually took
place negotiations were opened up with Lord Calthorpe through the
medium of the Metropolitan Public Gardens Association, by which it
was agreed that in consideration of the Vestry raising no objection to
the sale of the land at the apex of the City and Goswell Road his
Lordship should convey to the Vestry the open space under which
the New River runs between Duncan Terrace and Colebrooke Row
(referred to on page 43) to be maintained as an open space for ever.
The latter piece of land was consequently withdrawn from sale by
the Auctioneers on April 28th, that at the apex of City and Goswell
Roads being on the same day sold for £2,000, the key of the
entrance gate to which the Vestry subsequently surrendered.