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single saving clause for the City ! ! But section 94 of the first
Act, and 52 of the latter, provide that nothing in these Acts
shall exempt the railways of the Company from the General
Act.
"The General Railway Clauses Act, 1845, sec. 13, provides, that
arches or tunnels as shewn on plans shall be made accordingly;
and sees. 53 to 56 provide, that if it is neccessary to interrupt
a road by the constructon of a railway, the Company shall
first construct a temporary road, and if the original cannot be
restored, the Company shall substitute a permanent road, as
convenient as the original.
"Under these powers the Company now claim the right to stop up
and appropriate the site of Sun Street one of the main arteries
of London, for which they offer no substitute whatever! !
"Upon an application by the City of London, Vice-Chancellor
Bacon granted an injunction to restrain the Company, holding
that the plans must be considered as explanatory of the Act,
and that there were no powers to stop up Sun Street.
"The Company appealed to the Lord Justices, who have decided
the contrary; they admit that the plans may have deceived
the parties affected, but they do not govern the powers of the
Special Act which overrides the General Act, and Lord Justice
James said he wished he could have bound the Company by
the plans, but he could not.
"The Company therefore, through an accident, if nothing worse,
have acquired extraordinary powers, and intend to inflict
upon the metropolis, an enormous injury, which it would cost
a quarter of a million to partially remedy, and although there
is an appeal to the House of Lords with doubtful result, there
is nothing to prevent the Company from proceeding forthwith,
which probably, unless Parliament interferes, they will
speedily do."