A board of works, under the Metropolitan Management Acts, passed a resolution that a certain road should be repaired, and instructed the surveyor to estimate the cost and apportion it on the owners of property through which the road passed. The surveyor divided the road into four sections, and apportioned the cost of repairing each section amongst the owners of property in each section respectively. These apportionments were confirmed by resolutions of the board.
Held: that although the board might, under s. 105 of 18 and 19 Vict. c. 120, and ss. 77 and 112 of 25 and 26 Vict. c. 102, have resolved that part of the road should be repaired, yet, as they had resolved that the whole road should be repaired, there ought to have been but one apportionment on all the owners along the entire road ; and that the separate apportionments were invalid, and could not be enforced.
[1866] UKLawRpKQB 3, (1865-1866) LR 1 QB 233
Commonlii
England and Wales
Updated: 14 September 2021; Ref: scu.653046 br>