HC Deb 14 August 1913 vol 56 cc2804-5

"For the further protection of the Tichborne Estate the following provisions shall unless otherwise agreed between the owner and the Postmaster-General have effect (that is to say):

(1) In this Section the expression 'the Tichborne Estate' means the premises now forming the estate in the Metropolitan boroughs of Holborn and St. Pancras of which Sir Joseph H. B. Doughty Tichborne Baronet is tenant for life and the expression the owner means the said Sir Joseph H. B. Doughty Tichborne Baronet or other the owner or owners for the time being of the said premises respectively:

(2) The Postmaster-General shall not acquire any easement in nor construct any part of the railway through or under any property forming part of the Tichborne -Estate and lying between Gray's Inn Road and Millman Street above an imaginary horizontal plane drawn through a point thirty-five feet below the surface of Doughty Street where the centre line of the railway as shown on the deposited plans crosses the centre of that street:

(3) When estimating under the provisions of the Acts incorporated with this Act the purchase money or compensation payable under this Act to the owner in respect of any easement or right acquired by. the Postmaster-General in any sub-soil or under-surface forming part of the Tichborne Estate no regard shall be had to any injurious affection which may be caused to the Tichborne Estate or any part thereof by reason of the execution of the works authorised by or the exercise of the powers of this Act but if any such injurious affection shall be caused by reason of the execution of such works or the exercise of such powers the owners shall thereupon be entitled to compensation in respect thereof under the provisions of the Acts incorporated herewith to the same extent (if any) as the owner would but for this enactment have been entitled to compensation under the said provisions Provided always that any claim so made for such injurious affection shall except as hereafter provided be made within the period of two years from the commencement of the working of the railway and that any such claim and any claim made by the owner under the provisions of the Section of this Act of which the marginal note is "Compensation for damage by working" shall except as hereinafter provided be referred to and determined by the same arbitrator and that such arbitrator shall be appointed in default of agreement by the President of the Surveyors' Institute on the application of either party and the provisions of the Arbitration Act, 1889, shall apply to any such arbitration:

Provided also that if any substantial change is made in the weight or size of the rolling stock used on or in the method of working of any such part of the railway as aforesaid any claim for injurious affection to the Tichborne Estate caused by the working of the railway after such change has been made may be brought within two years from the time when such change is made and shall be determined by an arbitrator to be appointed as aforesaid."

Lords Amendment:—