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11
"Section 6 recites that plans showing the lines and levels, &c.,
have been deposited, and enacts that, subject to the powers
of deviation contained in the Act, the said Railway shall be
made upon the lands so described, and according to the levels
defined, "and it shall be lawful for the Company to enter upon,
take, and use all or any of the said lands, except as hereinaftermentioned
(not applicable), which they may require for the
purposes thereof," &c.
"By Section 8 it is enacted that "the Company may stop up and
cause to be discontinued as public highways, all streets and
highways within the area herein-before described, as the site of
the intended station, and may appropriate the site of such
streets and highways to the purposes of such station," certain
places excepted.
"Except that Sun Street is mentioned as dividing tho line in two
sections, for construction at different times, no other reference
to it is made in the Act. It is, however, significant that while
the plans show Sun Street to be kept open, they show other
narrow and unimportant places to be stopped up.
"It is clear, therefore, that under this Act, Sun Street was not
intended to be appropriated but arched over.
"Capital could not be raised, and the Works did not proceed, and
in 1870 the Company obtained an Act, the main object of
which was to alter the character of the line from a high to
a low level, and the deposited plans showed that the level of
the rails was to be 18-ft. 6-in. below the surface of the street,
instead of above, but this Act confers no additional power upon
the Company to take lands beyond extending the area, and
the extended area includes but a few feet of the footway of a
portion of Sun Street, just sufficient to enable the Company to
deal with the vaults under the footway. The Act is silent as
to stopping up Sun Street, though it mentions by name a few
small streets and courts in Bethnal Green, &c.
"The Terminal Station is to be constructed and the appropriation
of Sun Street is to be within the City of London, but there is
not, beyond as to payment of rates and lighting of arches, a