A.D. 1883.
resaid, such
3.
nch charge, the Colony,
ot after dili- to pay the
hinks fit, to after
same, r for execu-
e Registrar
ga summary rrent, pay- hereof such .el.
h charge or jointly with
ed with the
le case may
ame rights For the re- ly over the
so released,
is tendered
its common for instru- uch charge lands are charge has f the lands
», then that
ly charged
to expense sewhere of
vidence of
a lease for
e, the rent
be appor- lands.
t between
A.D. 1883.]
TRAMWAYS.
[No. 2.
the lessor (including Her Majesty, her heirs and successors, in those cases where Her Majesty, her heirs or successors, is the lessor) and the lessee of such lands on the one part and the Company on the other part.
(3.) If such apportionment is not so determined by agreement between the parties, such apportionment shall be determined by the Court or a Judge, upon petition in a summary way.
(4.) 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 may be so apportioned in respect of the lands not required for the purposes of this Ordinance; 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 is not 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.
425
to be made to
Compensa-
tion to be made to
tenant from
118. Every such lessee as last aforesaid shall be entitled to receive Compensation from the Company compensation for the damage done to him in his lessee. tenancy by reason of the severance of the lands required from those not required or otherwise by reason of the execution of the works.
119.-(1.) If any such lands are 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 is 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 which he may sustain, or, if a part only of such lands is required, compensation for the damage done to him in his tenancy by severing the lands held by him or otherwise injuriously affecting the same.
(2.) The amount of such compensation shall be determined, in case the parties differ about the same, by the Court or a Judge upon petition in a summary way, and, on payment or tender of the amount of such compensation, all such persons shall respectively deliver up to the Company, or to the person appointed by it to take possession thereof, any such lands in their possession required for the purposes of this Ordinance.
year to year.
of lease
120.-(1.) If any party, having a greater interest than as tenant-at-will, claims compensation in respect of any unexpired term or interest under any lease of any such lands, the Company may require such party interest
where greater