1724 ORDINANCE No. 6 OF 1883.
Tramways.
to possession of the mortgaged lands under the provisions hereinbefore
contained . Provided that the Court or a Judge may order such pay
ment or tender to be dispensed with if it or he shall think fit so to do ,
and such mortgage money and compensation to be paid into Court , and,
on such payment being made , the company shall be entitled , as against
such mortgagee, to possession of the mortgaged lands under the powers
hereinbefore contained .
Rent-charges.
Release of 113. If any difference shall arise between the company and the
lands from
rent-charges. party entitled to any rent- charge, or chief or other rent, or other payment
or incumbrance not hereinbefore provided for , upon any of the said lands
mentioned in the said schedule D. , and required to be taken for the
purposes of this Ordinance, respecting the consideration to be paid for
the release of such lands therefrom , or from the portion thereof affecting
the lands required for the purposes of this Ordinance, the same shall be
determined as in other cases of disputed compensation .
Release of 114. If part only of the lands charged with any such rent -charge,
part of lands
from charge. chief or other rent, payment or incumbrance , be required to be taken for the
purposes of this Ordinance, the apportionment of any such charge may
be determined by agreement between the party entitled to such charge
and the owner of the lands on the one part, and the company on the other
part, and if such apportionment be not so determined by agreement, the
same shall be determined by the Court or a Judge upon petition in a
summary way, but if the remaining part of the lands so jointly subject
be a sufficient security for such charge, then, with consent of the owner
of the lands so jointly subject, it shall be lawful for the party entitled to
such charge to release therefrom the lands required, on condition or in
consideration of such other lands remaining exclusively subject to the
whole thereof.
Payment into 115. Upon payment or tender of the compensation so agreed upon
Court in case
of refusal to or determined to the party entitled to any such charge as aforesaid , such
release.
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 , or if he be absent from the Colony, whether
temporarily or permanently, or in hiding, or cannot after diligent enquiry
be found, it shall be lawful for them to pay the amount of such compen