The Sun.
London, England, 1838-03-08 00:00:00

PRIVATE BUSINESS OF PARLIA-

AIENT.-(YESTERDAY.)

COMMITTEE ON NOTTING HILL BILL—(MIDDLESEX LIST.)
Lord GEORGE LENNOX in the Chair,
Mr. S. Morro addressed the Committee against the evidence which
had been produced in favour of stopping up the right of footpath. He
contended that the whole of that evidence merely related to the Uxbridge
road on the one side, and the Harrow road on the other, That was not
the point germain to the matter; but the point deeleedly was whether
the footpath were or were not a convenience or a nuisance. That it
was the former might easily be inferred from his Learned Friend's
not having called a single inhabitant residing in the immediate
.neighbourhood of the footway over the race-course, to prove the cote.
trary. Had it been otherwise, surely they would have adduced such
people as the best evidence to prove the great annoyance which it was
alleged by his Learned Friends, this footway occasioned. Besides, the
witnesses called by them admitted that there was not any other path so
good or so agreeable as the one over Notting-hill; nor, in short,
any other path at all, excepting one, making a detour of at least
half a mile further. They also proved—although they endeavoured
to prove the contrary,—that, from its super-stratum being an alluvial
soil, and its substratum clay for a considerable depth, there must
consequently be more natural drainage from such a soil than from any
other, which of course must make it drier. Even women and chil-
dren were enabled to, and did, take exercise there every day during
all parts of the year. The neighbourhood of the Potteries, On the
contrary, where it was sought to drive the public by another footpath,
was aptly described by one of these witnesses, Mr. Brathwaite, the en.
gineer, as "a colony of pigs," from the beastly state in which it was
always found. The Learned Counsel then commented with great
point upon the scientific evidence they had called. No less than one
engineer and three surveyors were called instead of res-
pectable inhabitants of the vicinity—one of whom Mulli.
her he had to thank for actually declaring that, by the Potteries,
that colony of pigs, there was no footpath at all. There had been only
one witness called, who was an inhabitant of the vicinity of the road.
The Learned Counsel then adverted to the evidence ofhis own witnesses,
wherein it would beobserved by the Committee that they confined their
testimony to that which they could allege of their own knowledge only.
He left it to the Committee to say whether these witnesses had or had
not proved distinctly that the footpath over Notting.hill was the greatest
accommodation to those Who now sought by every legal means
in" their power, to have it kept open. The Learned Counsel then
commented upon the conduct of Mr. White in first stopping up, ille-
gally, this ancient footway, and then " treating a number of inhabitants
of the neighbourhood to no less than nine actions at law I" Without
meaning to impugn the motives of Mr. White, he (Mr. Motte) could not
conceive such conduct but quite fair. The witnesses he had called, it
would be observed were respectable inhabitants on the very spot,
and in the immediate neighbourhood of the footpath; and they had
one and all testified that the footpath was an accommodation,
Meat agreeable and free from any nuisance ; and that the effect
of stopping up, or obstructing it, would be to deprive them of one of the
greatest advantages the neighbourhood afforded, whether considered in
relation to objects of business or recreation. Mr. Motte concluded a
long speech by commenting upon the Bill itself, denying the truth
of its preamble, and the justice of its objects. The Bill might as well
have declared that a foot-path w•as not a footpath, or that, if it were, it
should be closed, as what it did declare. Mr. White first tried to do
that which he avowed he had a right to do ; but, finding it was resisted
as illegal, lie now sought to carry a Bill through Parliament for a
purpose, which he (Mr. Matte) trusted the Committee would not
sanction, as, if it were effected, it must be considered as a downright
fraud and robbery upon the public.
Mr. Sergeant MERBWEATIIER then addressed the Committee on the
other side. He complained that Mr. Standish Motte had not gone into
the question of equivalent compensation offered to the inhabitants by
Mr. White. He (Sergeant Mereweather) would be brief, and confine
himself to the fact of the path being useful, necessary, and agreeable.
It seemed to him that recreation was the chief object of those
who advocated the right of path. The Committee would do well
to recollect that, in lieu of the mere right of way, Mr. White
offered to them the whole of the inclosure of Notting Hill, in.
cludiqg the Hippodrome—open to the public every Sunday, which would
be an obvious advantage over the present right, which was merely that
of passing along the footpath, without the legal :right to deviate at all
from the path. Then, as to the utility of the footpath the Learned
Serjeant denied that it was useful during the winter season, from the
swampy nature of its soil; and that consequently it was all but deserted.
All this was evident from the cross-examination on the other side. The
vtstry meetings, too, at Kensington seemed to have had strange pro.
eeedings, for they seemed merely to have resolved, as a sort of dictum,
that they would keep the footpath over Notting-hill, and they would not
have anything to do with the one by Portobello-lane, offered to the pub-
lic Ju lieu of it. Surely the Committee would see that no
notice could be taken of the proceedings at meetings where
such resolutions were adopted. The fact was, that Mr. White
offered at his own cost both a better foot-path, and also a horse
and carriage road by Portobello lane. Indeed the only question
Was which would be better, for things to remain as they are, or to be
altered in the way Mr. White proposed; which latter, the Learned
Sergeant contended, would be far more advantageous.
Strangers were then ordered to withdraw; after which the Committee
decided that the alAeration proposed by Mr. Whiteas a substitute (under
certain regulatiAns) appeared reasonable and good.
It was th,zn determined that the details of the Bill should be gone into
to-morrow at 12 o'clock, until which time the Committee adjourned.

ELECTION COMMITTEES.

(YESTERDAY.)

READING.
The Committee met this day at two o'clock, Sir E. T. TRoUDRIDEE
in the chair.
Mr. Rogers, Mr. Austin, and Mr. Talbot appeared for the peti-
tioner; Mr. Sergeant Merewether and Mr. llill for the sitting Member.
Mr. Rooxas said he appeared on behalf of the petitioner, Mr.
Russell, and the complaint in the petition was, that the scat had been
obtained by Mr. Palmer by an apparent and colourable majority only.
The case would therefore resolve itself into a scrutiny. At the
election which took place on the 24th July, there werethree candidates
and at the close of the poll the numbers were—
For Mr. Serjeant Talfourd .

Mr. Fyshe Palmer
Mr. Charles Russell
giving Mr. Palmer a majority of nine over Mr. Russell. This majority
he (Mr. Russell) would now endeavour to strike off:
The poll-books were then produced, arid put in, and the examina.
lion of witnesses was proceeded with up to the time of adjournment.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, linws 7.

The SPEAKER took the chair a few minutes before Four.
The SPEAKER informed the House that he had received
a petition complaining of an undue return for the county of
Galway. The petition was ordered to be taken into conside-
ration on the 22d of May.
Mr. CURRY brought up the report of the London Elec-
tion Committee, stating that Sir Matthew Wood, James Pat-
tison, Esq., Wm. Crawford, Esq., and G. Grote, Esq., were
duly elected, and that the petition was not frivolous or vexa-
tious, nor Isas the opposition thereto.
OR the motion of Captain ALSAGER, the London and
Croydon Railway Bill (No. 1.) was read a second time.
On the motion of Mr. SHEPPARD, the Warminster and
Frome Road Bill was read a third time and passed.
Mr. CLIVE presented a petition against the tonnage duty
on coals.
Mr. WAKLET presented a petition from the owners and
tveupiers of houses in Holborn, praying to be heard by counsel
lit the bar, as to the proposed street between Holborn and the
Strand. The petition was referred to the Committee on the
Metropolis Improvements Bill.
Mr. O. GORE brought in the Ellesmere Road Bill, which
Was read a first time.
Mr. W. PATTEN brought in the Grand Junction Rail-
way Amendment Bill, which was read a first time.
Mr. WILLIAMS' presented a petition from Monmouth
44ainst the negro apprenticeship system.
Mr. LANGDALE presented a similar petition from
Beverley.
, Mr. HAL FORD presented a petition from St. Martin's,
Leicester in favour of the repeal of the Poor-laws.
Mr. G. BERKELEY presented a petition from a parish
In Gloucester against negro apprenticeship.
Mr. CRAWFORD presented a petition from the part of
London in favour of the Fishguard Harbour Bill.
Mr. MONEYPENNY presented a petition from Rye
Against marine insurances.
Mr. BRIDGMAN presented a petition from Ennis in fa-
vour of municipal reform.
Mr. PRoTHERoE, Mr. BEAMISII, and Mr. PEASE, presented
Petitions from different places, praying for the immediate eman-
eipatio'n of the negroes.
Mr. Sergeant JACKSON presented a petition from the
.lectors of Cork, complaining of the state of the Registration
Law in Ireland. The petitioners stated that there were no
means of correcting improper admissions to the register, and
They prayed that the appointment of the assistant barristers
should no longer be influenced by party considrations. The
Learned Gentleman moved that the petition be printed, giv-
ing' maize that on Tuesday the 13th, he would move for a
Bill tz, amend the system of Registration in Ireland.
Mr. GREEN presented a petition from Lancaster, pray-
ing for the immediate abolition of negro apprenticeship.
On the motion of Mr. PE ND A RVE S, certain returns con-
nected with the importation and exportation of copper, were
ordered.

Mr. BARING presented a petition, praying for the aboli-
tion of the duty on Marine Insurance.
Mr. EVANS presented petitions from the Baptist
congregations of Reading and Worcester, praying for the
4bolitiqn of negro apprenticeship.

-COMMISSIONS.
Col, SIBTHORP moved for a continuation of the returns
tit the number of Commissions issued since the last returns were
bbd before the House. He expressed a hope that they would
furnish.. fuller details than had been given by the former returns;
'"'r in the case of the Commission which had been issued to in-
quire into the grievances of Canada, they had received no ac-
errunt whatever of the number of clerks employed. Now he
to have the fullest information upon this as well as upon
every point of expenditure.
Mr. BARING said that he had no objection to the produc-
`loll of the returns moved for by the Hon. and Gallant officer.
Mr. P. THOMSON presented a petition from Manehes-
.-r3 praying that the system of negro apprenticeship might
"rtninate on the Ist of August next. The Hon Member also
presented a petition from the Chamber of Commerce of Man-
chester in favour of the Grand Junction Railway Bill. Mr.WILLIAM DUNCOMBE presented a petition from
Ye North Riding of the County of York against the Bonn-
nary Bill.
Mr. WAKLEY presented a petition from a surveyor in
Is_redford-square, complaining of the law of Debtor and
tki editor, and praying for its alteration:—also petitions from
cr,re Liverpool Working Men's Association, and from the
"oeiety of Operative Carpenters and Mechanics of Dumfries,
°raying for a mitigation of the sentence of the Glasgow Cot-
rl, Spinners. The Hon. Member also presented a petition from
7_, Working-Man in Shoreditch, stating that he had an
idiot daughter, whom he was desirous of placing in'some
lie institution, but they would not receive her either in the
Workhouse or in Bartholomew Hospital, and that when he
;',ent to work he was obliged to chain her up till his return.
The Hon. Member trusted that the House would allow the
Petition to be referred to the Poor-law Committee, which he
F"sidered the proper tribunal to take merits of the petition
into consideration.—Referred to the Poor-law Committee.
Lord CLEMENTS presented a petition from poor fisher-
Men of Leitrim, Sligo, and Donegal, praying that the indul-
gence Acts of former Sessions might not be abrogated.
un the motion of Mr. P. THOMSON, the different Orders
tef the Day were read, for the purpose of postponing them to
day.