ORDINANCE No. 1 oF 1882. 1631
Tramways .
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.
Compensation to tenants.
122. Every such lessee as last aforesaid shall be entitled to receive from the Tenants to be
compensated.
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.
123. If any such lands shall be in the possession of any person having no greater Compensation to
be made to
interest therein than as tenant, and if such person be required to give up possession tenants.
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 tenancy by severing the
lands held by him or otherwise injuriously affecting the same ; and the amount of such
compensation shall be determined by a Judge in Summary Jurisdiction in case the
parties differ about the same ; and upon 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 them to take possession thereof, any such lands in their possession
required for the purposes of this Ordinance .
124. If any party, having a greater interest than as tenant-at-will, or monthly Where greate
interest claimed
than at will,
tenant, claim compensation in respect of any unexpired term or interest under any lease to be
produced.
lease of any such lands, the company may require such party to produce the lease in
respect of which such claim shall be made, or the best evidence thereof in his power ;
and, if, after demand made in writing by the company, such lease or such best evidence
thereof be not produced within twenty-one days, the party so claiming compensation
shall be considered as a tenant holding only from month to month , and be entitled to
compensation accordingly.
Limit of compulsory powers.
125. The powers of the company for the compulsory purchase or taking of lands Limit of time for
compulsory
for the purposes of this Ordinance shall not be exercised after the expiration of three purchase.
years from the passing of this Ordinance.
Interests omitted to be purchased.
126. If at any time after the company shall have entered upon any lands which, Company
empowered to
under the provisions of this Ordinance, they were authorized to purchase, and which purchase
interestsin lands.
shall be permanently required for the purpose of this Ordinance, any party shall appear the purchase
whereof may
have been
to be entitled to any estate, right, or interest in or charge affecting such lands which omitted by
mistake.
the company shall, through mistake or inadvertence, have failed or omitted duly to