The Sun.
London, England, 1838-03-02 00:00:00

PRIVATE BUSINESS OF PARLIA-

MENT.-(YESTERDAY.)

COMMITTEE—MIDDLESEX LIST.
NOTTING-HILL FOOTWAY BILL.
Lord GEORGE LENNOX in the Chair.
Captain Alexander, Mr. Aglionby, Mr. Byng (Middlesex),
Mr. Btliew, Mr. Forbes, Mr. M'Taggart, Lord Melgund,
Mr. Pryme, Mr. G. Phillips, Mr. Ponsonby, Mr. Tancred,
Captain Wood (Middlesex).
This is a Bill to divert a footpath, but, at the same time to
secure to Mr. White the exclusive benefit of the Hippodrome.
Mr. Sergeant MEREWETHER, for the Bill, in along address,
stated the great abuses and filthy indecencies to which this
neighbourhood had previously been subjected ; that this plan
of a race-course was a great public improvement ; that
at present the public took the advantage of the footpath to
rush in upon the race course ; that Mr. White had expended
about 6001. or NU in giving plates as prizes, and that he
might at once be protected, and yet substitute another
footpath for the public by the way of Portobello-lane,
is at present impassable.
Mr. AOLIONBY asked if it were admitted that there was at
present a right of footway.
The Learned Counsel acknowledged that there was a right
of footway, but contended that the offered substitute would be

infinitely better.
Mr. Morr said that they had no notice of the intended new
footway, which did not lead to the great points of the present
one. As he acted for the parochial authorities, and numerous
inhabitants, he contended that this new line of road would not

be of equal convenience to them.
Sergeant MEREWETUER said he would grant any time, or any
other accommodation that might be desired, as his only object
was to conciliate those who acted for the public.
Mr. AGLIONBY observed that the new plan now put in, did
not show the same line as that which was deposited in the
Private Bill Office.
Sergeant INIEBEWETHER said the plan so deposited was not
intended to show the substitute, which was to be left, to this
' Committee, and to the three Justices named in the Bill, to see
that it was effectually done, and much further than Potobello-
lane, before Mr. White should have the right of stopping up
this footway.
Mr. AOLIONBY asked whether his client had yet the power
to do so.
Sergew;t MEREIVETHER said a small part belonged to S:r
George Talbot's property, and he could not yet say Sir
George had assented, but Mr.• White was ready to
deposit a sum of money to carry on such road, whenever
such assent should be received. He strongly appealed
to the opposing Counsel and the parochial authorities
to mention what were the points in issue, in order that, if
possible, they might be arranged.
'Mr. Morr said that one of the first points was the Hip-
podrome itself, which his clients considered to be a great
public nuisance ; secondly, that the present footway was of
much more importance to the inhabitants than the one pro-
posed ; and thirdly, that the proceedings were contrary to the
Standing Orders of the HouSe.
Sergeant MEREWETUER said be hoped that they would have
conceded something, especially as he had conceded at the first
that his client would pay the expense of the opposition. He
thought the only question should be the diversion of the path.
The ground of the Hippodrome was Mr. White's private
property.
Ma. Brno said his constituents did not care one tittle about
a new road, or a diversion of the old one. What they wished
was to prevent that great nuisance the Hippodrome altogether
—he cared nothing for Mr. White's offer of money, for the
more he spent the more he must make up by the profligacy
he encouraged.
Lord GEORGE LENNOX said, as to expenses he had pledged
Mr. White in the House of Commons to pay all reasonable
expenses as to the tight of the public foot-path, but certainly
not into an enquiry as to the benefit or injury of the Hippo-
drone itself, which this Committee could not stop, as the ground
was his own property.
Mr. MOTT said, that nine actions had been commenced
against individuals for trespasses on this very footpath, which
it was now admitted was a public right ; he, however, would
not dernd upon that, but would ask whether, under all the
circumstances of the case, Mr. White should be permitted to
stop up a footpath for such a purpose as the Hippodrome and
its games, which were not specified?
Captain Wcon aid it was ab urd that Mr. White hould he
called to pay the expense of proving that his own Hippodrome
was a nuisance. Of course, the Committee ought to enquire
into that point before they would allow the Bill to eo on.
A long contention took place between the Learned Counsel
as to the mode of carrying on the case, in order to determine
as to the amount of expense to which Mr. White was to be
subjected.
The room was cleared, in order that the question of limi-
tation of expense should be decided.
The Committee decided that Mr. White's pledge should
only extend to the diversion cf the footpath, and the evidence
thereupon.—Counsel against the Bill might afterwards is
into the question of the character of the Hippodrome itself at
their own expense.
Mr. John Braithwaite, civil engineer, who put in the plan,
was then called t,) show that the intended footway was near,
than the present one by 945 yards ; that the present footwal
was in a bad state in wet weather; and that if Poilobello•lane
were put in .g:oel repair it would be much better than the pre-
sent footway. An old plan, lip -in a very la-ge scale was put
in, of the date of 1740, in which the pretei.t footway did not
appear.
Cross-exereined by Mr. Mo-rr —Had heard that there was a
right of foutivey to cross the Canal to Kensal-green, about
five or sx yeirs ago, beyond the in!endcd footpath,
and in connection with it. There is no such footpath now,
as there is no bridge. There were other branch footwava
leading from tiOrtereSent footway. The Great Western. Rail-
way and Thames Junction Rail-:vay would coirc near this fo t.:
path. Had heard that the terminus of the Thames Junction
and Birmiegbern Railway was to be near. The junction of
the Thames Junction and Great Weetern Railway would be in
Woimwcol Scrubby. The population in the neighbourhood
will be streatly increased by the Railways. The present foot-
-Nett over the dill was certainly the best as a pleasure walk.
Committee adjourned till to-morrow at twelve.
COMMITTEE ON BILLS (SOMERSET LIST.)
Mr. StIEPPARD in the Chair.
Warminster and Frome Road.—This Bill passed the Com-
mittee without opposition.