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whole to the Treasury.
This custom is in order so long as
the Remaining Portion continues to be held by the original Crown lessee or his legal personal representatives. It appears however from the authorities quoted in the notes to paragraph 1128 of Volume 18 of Halsbury's Laws of England, and from Dooner v Odlum 1914 2.I.R. 411 that once the Remaining Portion has been assigned to a stranger to the Crown Lease the assignee is no longer liable to action for the whole of the Crown Rent but only for the Rent of that portion held by him.
4.
Nevertheless even in such cases it has been the custom to require the holder of the Remaining Portion to collect and pay Crown Rent for the whole lot although it is doubtful whether he could in the circumstances enforce by action a demand for payment to him of the proportionate shares of the assignees of the sections with whom he has no priity of contract. The result has been that in a number of cases Section holders have failed to pay their proportionate shares and the holder of the Remaining Portion has either made up the deficit from his own pocket or has defaulted in payment to the Crown.
5. Where re-entry has followed such default it is considered inequitable that the holders of Sections, who have been at all times ready to pay their proportionate share of Crown Rent should be penalised owing to the default of others against whom they would appear to have no remedy.
It would appear moreover to be accepted by all the authorities that re-entry for the non-payment of rent should
be
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