§ The following provisions shall be observed and have effect with reference to the Church of Saint Mary Woolnoth in the City of London (that is to say):—
- (a) Notwithstanding anything contained in the Act of 1893 or shown on the deposited plans referred to in that Act the Company shall not, except as hereinafter provided, purchase or take any part of the Church forming part of the property numbered on the said plan 39 in the parish of Saint Mary Woolnoth, but the
1560 Company may purchase, take and use, and the owners and other persons interested in the said property shall sell, the surface of such other part of the said property as the Company may require for the purposes for which but for this section they might have purchased, taken or used the said Church, and an easement or right of using the sub-soil under any part of the property of which the surface shall not be purchased, including such part of the crypt and foundations of the said Church as the Company may require for the purposes as aforesaid.
- (b) The Company may during the construction of the Railway and Works take possession of, use, and temporarily interfere with the structure of the said Church or any part thereof for the purposes of such construction, provided that the Company shall on the completion of the said Railway and Works and subject to the last preceding Subsection, deliver up the said Church and the furniture and fittings thereof in as good condition and state of repair as they were in when the Company took possession thereof.
- (c) The amount of compensation to be paid by the Company for the portion of so much of the surface as is not occupied by the Church as shall be required by them and for the sub-soil and crypt, and for the temporary occupation of the Church and all other matters of difference shall, unless otherwise agreed, be determined by an arbitrator to be agreed on between the parties or in default of agreement to be appointed on the application of either of them by the Board of Trade, provided that the arbitrator to be so appointed shall in assessing the amount to be paid by the Company as compensation as aforesaid, take into consideration the additional liabilities and expenses entailed upon the Company in constructing the Railway and Works thereof without removing the said Church, and the costs of any arbitration shall be in the discretion of the arbitrator.
- (d) The Company shall at their own cost make good any damage or injury which may during the construction of the Railway and Works be caused to the structure of the said church or any part thereof, or at any time after the completion of the said railway and works in consequence of the construction, use, or want of repair thereof.
- (e) If the Company desire to obtain possession of the church for the purpose of constructing their Railway and Works before the amount to be paid to the owner as compensation shall have been determined by agreement or arbitration as herein provided, it shall be lawful for them to do so under the provisions of Section 85 of the Lands Clauses Consolidation Act 1845.]
THE CHAIRMAN OF COMMITTEES (The EARL of MORLEY)
explained that the object of the clause—which he admitted might have been more definitely expressed, was to give the Ecclesiastical Commissioners some control over the amount of the purchase money.
§ Read 3a, with the Amendments; further Amendments made; a further Amendment moved, and negatived; Bill passed, and returned to the Commons.