the-ordinances-of-the-legislative-counci-1890v3 — Page 442

ORDINANCE No. 6 OF 1883 . 1725


Tramways.


sation 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 incum
brance, 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 in Charge to
continue on
cumbrance, or portion thereof, to which they were subject jointly with lands not
taken.
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 memorandum 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 Ordinance, 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 exclu
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 a term Where part
only of lands
of years shall be required for the purposes of this Ordinance, the rent under lease
taken the rent
payable in respect of the lands comprised in such lease shall be apportioned to be appor
tioned.
between the lands so required and the residue of such lands ; and such
apportionment may be determined by agreement between the lessor ( in
cluding 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