the-ordinances-of-the-legislative-counci-1890v3 — Page 443

1726 ORDINANCE No. 6 of 1883.

Tramways.



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 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 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.
Tenants to be 118. Every such lessee as last aforesaid shall be entitled to receive
compensated.
from the company compensation for the damage done to bim 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.
Compensa 119. Ifany such lands shall be in the possession of any person having
tion to be
made to no greater interest therein than as tenant for a year, or from year to year,
tenants from
year to year, and if such person be required to give up possession ofany lands so occu
&c.
pied by him before the expiration of his term or interest therein , he shall
be entitled to compensation for the value of his unexpired 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 in

juriously affecting the same ; and the amount of such compensation shall
be determined , in case the parties differ about the same, by the Court or
a Judge upon petition in a summary way, and upon payment or tender
of the amount of such compensation all such presons shall respectively
deliver up to the company, or to the person appointed by them to take
possession thereof, any such lands in their possession required for the
purposes of this Ordinance.

Where greater 120. If any party, having a greater interest than as tenant-at- will ,
interest
claimed than claim compensation in respect of any unexpired term or interest under
at will, lease
to be any lease of any such lands , the company may require such party to
produced .
produce the lease in respect of which such claim shall be made, or the