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Apportionment of rent reserved where part only is redeemed. 7. Where it is intended to redeem under this Act a part only of any rent, it shall be lawful for one of the judges of the Landed Estates Court to apportion the rent reserved by the lease or grant, as between the part thereof to be redeemed and the land as to which the same is to be extinguished, and the remaining part or parts of the said rent and land; and the judge shall direct notice of any such intended apportionment as aforesaid to be given to such persons and in such manner as he shall think fit, and shall hear such parties as shall apply in relation thereto; and after such apportionment, and after the said part of the said rent shall have been so redeemed, the owner of the remaining part of the said rent so apportioned shall have the like remedies for the recovery thereof against the lands out of which the same shall be payable, and the owners and occupiers thereof respectively, as were subsisting for the entire rent before such apportionment; and all the covenants, conditions, and agreements of every lease or grant, except as to the amount of rent to be paid, shall as regards the part or parts not redeemed remain in force in the same manner as they would have done if such redemption had not taken place: Provided always, that the enactment in this section shall be deemed to apply to the redemption of any parts of the same original rent to be redeemed at different times; provided also, that where any such part of the said rent so intended to be redeemed shall have been theretofore apportioned or fixed and determined as between the owners of such lands or tenements liable to payment of the whole rent, and such part or parts shall have been theretofore apportioned as between such owners themselves, such apportionment shall be adopted and acted upon to all intents and purposes as if the same was made under the provisions of this section.
© 1864 Crown Copyright
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