the-ordinances-of-the-legislative-counci-1890v2 — Page 89

TRAMWAYS . [ 6 OF 1883.] 679


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 esclu
sively charged therewith ; and such memorandum 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 Where part
a term of years shall be required for the purposes of this ordi- under
omly oflands
dance, the rent payable in respect of the lands comprised in taken therent
to be app or.
such lease shall be apportioned between the lands so required tioned.
and the residue of such lands ; and such apportionment may
be deterinined by agreement between the lessor ( including Her
Majesty, Her Heirs and Successors, in those cases where Her
Majesty, Her Heirs or Successors , 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 determined by
agreement between the parties, such apportionment shall be
determined by the Court or a Judge, upon petition in a sum
mary 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 apportion
ment he had for the recovery of the whole rent reserved by
such lease ; and all the covenants, 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 lessee as last aforesaid shall be entitled to Tenants to be
receive from the company compensation for the damage done compensated .
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 Compensa
person having no greater interest therein than as tenant for aa tion totobe
made
year, or from year to year, and if such person be required to tenants from
give up possession of any lands so occupied by bim before the &rear toyear,