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DEFENCE ACT 1860 - SECT 26

26. If part only of any lands comprised in any lease or mortgage or otherwise
subject to any rent service or other rent, or any annual or other payment or
incumbrance, be taken under this Act, such rent, payment, or incumbrance may
be apportioned by agreement between the parties entitled thereto and to the
lands subject thereto and the said Secretary of State; or in case no such
agreement be made, the same may be apportioned, by the jury or justices by
whom the compensation payable in respect of the part of the said lands taken
by the said Secretary of State is determined, or, if not so determined, may be
determined by two justices, as herein provided in certain cases of
compensation.

After such apportionment such apportioned part only of such rent, payment, or
incumbrance shall be payable out of the residue of the said lands; and all
covenants, provisoes, conditions, agreements, powers, and remedies in respect
of the said rent, payment, or incumbrance shall remain in force in respect of
the apportioned part which is to remain payable, as against the residue of
such lands; and where any rent originally reserved was an ancient and
accustomed rent, the part so continuing payable shall be deemed to be the
ancient and accustomed rent for such residue of the said lands.

© 1860 Crown Copyright

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