the-ordinances-of-the-legislative-counci-1890v2 — Page 88

07S
[ 6 OF 1883. ] TRAMWAYS .


of any such charge may be determined by agreement between
the party entitled to such charge and the owner of the lands on A


the one part, and the company on the other part, and if such
apportionment be not so determined by agreement, the same 1

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
Court in case 115. Upon payment or tender of the compensation so agreed
of refusal to
release.
upon or determined 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, or
if he be absent from the Colony, whether temporarily or per
manently, or in hiding, or cannot after diligent enquiry be
found , it shall be lawful for them to pay the amount of such 1




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, execute 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.
Charge to 116. If any such lands be so released from any such charge
continue on
lands not or incumbrance, or portion thereof, to which they were subject
taken .
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 inay 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 com
pany for the purpose, they shall affix their common seal to a
memorandum of such release endorsed on such deed or instru
ment, declaring what part of the lands originally subject to
such charge shall have been purchased by virtue of this ordi