THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1882.
whether temporarily or permanently, or in hiding, or cannot after diligent enquiry be found, it shall be lawful for them to deposit the amount of such compensation in the Bank in the manner herein before provided in like cases, and also, if they think fit, to execute a deed poll, duly stamped in the manner hereinbefore provided in the case of the pur- chase of lands by them, and thereupon the rent-charge, chief or other rent, payment or incumbrance, or the portion thereof in respect whereof such compensation shall so have been paid, suall cease and be extinguished.
118. If any such lands be so released from any such charge or incumbrance, or portion thereof to which they were subject jointly with other lands, such last-mentioned lands shall alone be charged with the whole of such charge, or with the remainder thereof, as the case may be, and the party entitled to the charge shall have all the same rights and remedies over such last-mentioned lands for the whole or the remainder of the charge, as the case may be, as he had previously over the whole of the lands subject to such charge; and if upon any such charge or portion of charge being so released the deed or instrument creating or transferring such charge be tendered to the Company for the purpose, they shall affix their common seal to a memoran- dum of such release endorsed on such deed or instrument, declaring what part of the lands originally subject to such charge shall have been purchased by virtue of this Ordi- nance, and if the lands be released from part of such charge, what proportion of such charge shall have been released, and how much thereof continues payable, or if the lands so required shall have been released from the whole of such charge then that the remaining lands are thenceforward to remain exclusively charged therewith; and such memo- randum shall be made and executed at the expense of the Company and shall be evidence in the Courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts.
119. Where part only of any lands comprised in a lease for a term of years shall be required for the purposes of this Ordinance, the rent payable in respect of the lands comprised in such lease shall be apportioned between the lands so required and the residue of such lands; and such apportionment may be determined by agreement between the lessor (including Her Majesty in those cases where Her Majesty shall be the lessor) and the lessee of such lands on the one part, and the Company on the other part, and if such apportionment be not so determined by agree- ment between the parties such apportionment shall be determined by a Surveyor in the same manner as is herein- before provided with respect to the apportionment of rent charges, chief, or other rents, or other payments, or incum- brances, not provided for, and after such apportionment the lessee of such lands shall, as to all future accruing rent, be liable only for so much of the rent as shall be so apportioned in respect of the lands not required for the purposes of this Ördinance; and as to the lands not so required, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of rent as previously to such apportionment he had for the recovery of the whole rent reserved by such lease; and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to that part of the land which shall not be required for the purposes of this Ordinance, in the same manner as they would have done in case such part only of the land had been included in the lease.
120. Every such lessee as last aforesaid shall be entitled to receive from the Company compensation for the damage done to him in his tenancy by reason of the severance of the lands required from those not required or otherwise by reason of the execution of the works.
121. If any such lands shall be in the possession of any person having no greater interest therein than as tenant for a year, or from year to year, and if such person be required to give up possession of any lands so occupied by him before the expiration of his term or interest therein, he shall be entitled to compensation for the value of his unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain, or, if a part only of such lands be required, compensation for the damage done to him in his tenaney by severing the lands held by him or otherwise injuriously affecting the same; and the amount of such compensation shall be determined
Charge to continue on lands not
Laken.
Where part only of lands under lease taken the rent to be apportioned
Tenants to he compensated,
Compensation
to be made to Lenamus from year to your,
&c.
973