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24
"In the year 1890, the attention of the Board was called to
Pond Yard in consequence of certain obstructions therein, and
the matter was referred to the Committee for enquiry. The
Board's records show that it was always thought unadvisable to
take any definite action in regard thereto, and, on the 2nd
December in that year, the Committee reported that they had
carefully considered the question of the right of way and were of
opinion that the matter had better stand over until application
was made to the Board for building on the adjacent property.
Such report was unanimously adopted by the Board and nothing
further occurred until the recent proposal on behalf of
Mr. Fortescue.
"We entirely fail to see that terminating this right of way can
be injurious to the adjoining property, or cause any depreciation
of rates. On the contrary we are decidedly of opinion that
advantage would accrue from the cessation of the nuisance
resulting from the existence of such a narrow and isolated
thoroughfare and the evils which unfortunately seem inseparable
from such places.
"We further consider that it is entirely valueless to the
inhabitants of Bankside from a commercial point of view, being
a right of way for foot passengers only, and for these, Emerson
Street is so close and so preferable in every way that they can
suffer little or no inconvenience from its being closed, nor,
considering the proximity of the above street, could we recommend
that any public money should be spent on its widening.
"We also most emphatically state that we consider it would
be entirely in the interests of good order and morality that the
right of way should be terminated, whether it were to exist in its
present condition or be transformed into a narrow passage about
200ft. long by 3ft. or 4ft. wide, and walled up on either side.
"With reference to the £100 to be received. As the Board
are not the freeholders of public thoroughfares, much less of
rights of way over private property belonging to individuals, but
only custodians thereof for the purposes of maintenance, lighting
and cleansing, no power to sell this right of way is vested in
the Board, and, therefore, the Board cannot accept money for
what does not belong to them, nor has any question or idea of
sale ever been entertained by us.
"further, with reference to the £100. When Mr. Fortescue
approached us asking us on behalf of the Board to define the
position and limits of the right of way, we having regard to the
abominations of the place, suggested that he should make
a proposal for closing it. In reply to this, Mr. Fortescue offered
£100 if the Board would approve of his application to the