1630 ORDINANCE No. 1 OF 1882.
Tramways.
Deposit in case of 119. Upon payment or tender of the compensation so agreed upon or determined
refusal to
release.
to the party entitled to any such charge as aforesaid, such party shall execute to the
company a release of such charge ; and if he fail so to do , or if he fail to adduce good
title to such charge to the satisfaction of the company, it shall be lawful for them to
deposit the amount of such compensation in the bank in the manner hereinbefore
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 purchase 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, shall cease and
be extinguished .
Charge to con
tinue on lands 120. If any such lands be so released from any such charge or incumbrance, or
not taken.
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 memorandum 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 Ordinance, 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 memorandum
shall be made and executed at the expense of the company and shall be evidence in all
Courts and elsewhere of the facts therein stated, but not so as to exclude any other
evidence of the same facts.
Where part
only of lands 121. Where part only of any lands comprised in a lease for a term of years shall
inder lease taken
the rent to be be required for the purposes of this Ordinance, the rent payable in respect of the lands
apportioned .
comprised in such lease shall be apportioned between the lands so required and the
residue of such lands ; and such apportionment may be settled 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 settled by agreement between the parties such
apportionment shall be settled by a Judge in Summary Jurisdiction ; and after such
apportionment the lessee of such lands shall, as to all future accruing rent, be liable
only to so much of the rent as shall 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 ,