HC Deb 14 August 1913 vol 56 cc2808-10

"Notwithstanding anything in this Act contained or shown on the deposited plans the following provisions for the benefit and protection of Electra House Limited (in this Section referred to as "the Company") and for the protection of the buildings and premises known as Electra House and Tower Chambers Finsbury Pavement in the City of London of which and the subsoil beneath the same (in this Section called "the protected premises")the Company is or is reputed to be lessee shall unless otherwise agreed in writing between the Postmaster-General and the Company be observed and have effect that is to say:

  1. (1) The Postmaster-General shall not (except for the purpose of underpinning). without the previous consent in writing of the Company under their Common Seal take use enter upon or in any way alter or interfere with either temporarily or permanently any part of the structure of-the protected premises:
  2. (2) No shaft shall be sunk or trial boring made within 100 feet of any part of the protected premises:
  3. (3) The railway where it passes through the subsoil of the protected premises and within 100 feet of any part thereof (in this Section referred to as "the portion of the railway") shall only be constructed in accordance with plans sections and specifications previously submitted to and. reasonably approved by the company or in ease of difference settled by an arbitrator to be appointed as hereinafter provided. Such plans sections and specifications shall be submitted to the Company not less than twenty-one days before the commencement of the construction of the portion of the railway and if for fourteen days after their submission the Company refuse or neglect to approve the same or to state their reasonable requirements in-relation thereto they shall be deemed to have approved thereof. No approval of any such plans drawings or specifications shall prejudice or affect the liability of the Postmaster-General to make good any injury or damage which may at any time be caused to the protected premises and if and as often as any such injury or damage to the protected premises shah 2809 arise from the construction of the railway the same may be made good by the Company and the Postmaster-General shall repay to the Company the amount reasonably expended by them in so doing:
  4. (4) If at any time either before or during the construction or after the completion of the portion of the railway it shall appear to the Company that, any works appliances or measures of protection are required to ensure the stability of the protected premises whether the same be by way of addition to the protected premises or in connection with the works of the portion. of the railway or in relation to the method of constructing the same the Postmaster - General shall subject nevertheless to arbitration as hereinafter provided carry out such works or take such measures of precaution as the Company shall in writing reasonably require. Any such works or measures of precaution as aforesaid as may have to be carried out on and in connection with the protected premises may be carried out by the Company and the reasonable costs and expenses incurred by the Company in connection therewith (including compensation payable to any workmen or their legal representatives or dependents who may be injured or killed whilst employed by the Company in or about such works or measures of precaution) shall be repaid by the Postmaster-General on demand:
  5. (5) The Company shall be entitled by 11.11 engineer (in this Section called `the engineer ') to be agreed upon between the Company and the Postmaster-General or failing agreement to be appointed by the President of the Institution of Civil Engineers to inspect the portion of the railway at all reasonable times during the construction thereof and the Postmaster-General shall on demand pay to the Company the reasonable costs charges and expenses of the engineer in respect of any services rendered by him in accordance with the provisions of this Sub-section:
  6. (6) Any difference which shall arise between the Postmaster-General and the Company with reference to any matter arising under this Section shall be referred to and determined by an engineer to be agreed, upon or failing agreement appointed on the application of either party by the President of the Institution of Civil Engineers and such reference shall be in all respects under and in accordance with the provisions of the Arbitration Act 1889."


Certain provisions of this new Clause fall into exactly the same position as the others, and I suggest that they should be dealt with in the same way.