676075-1883-Ordinance-passed-6-of-1883- — Page 27

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THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.

to pay the amount of such compensation into Court, and also if they think fit to prepare a deed of release of such charge, and to tender the same, after the same shall have been duly stamped as required by law, to the Registrar for execution on behalf of the releasing parties, and thereupon the Registrar shall, upon an order of the Court to be obtained upon petition in a summary way, exccute the same, and 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.

116. If any such lands be so released from any such charge or incumbrance, or 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 memoran- dum 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 Ordi- nance, 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 memo- randum shall be made and executed at the expense of the Company, and shall be evidence in the Courts and elsewhere of the facts therein stated, but not so as to exclude any other evidence of the same facts.

117. Where part only of any lands comprised in a lease for a term of years shall be required for the purposes of this Ordinance, the rent payable in respect of the lands comprised in such lease shall be apportioned between the lands so required and the residue of such lands; and such apportionment may be determined by agreement between the lessor (including Her Majesty, her heirs and succes- sors, in those cases where Her Majesty, her heirs or suc- cessors, shall be the lesser) and the lessee of such lands on the one part, and the Company on the other part, and if such apportionment be not so determined by agree- ment between the parties, such apportionment shall be determined by the Court or a Judge, upon petition in a summary way, and 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 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 be had for the recovery of the whole rent reserved by such lease; and all the cove- nants, 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 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.

118. Every such lessce as last aforesaid shall be entitled to receive from the 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,

119. If any such lands shall be 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 be 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 nexpired 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,

Charge to continue on lands not

taken.

Where part

only of inds under leasE takon she rent to be apportional,

Tenants Le be compensated.

Compensation

to be made to tenants frore year to year,

Ace.

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