|
|
Commissioners empowered to fix increased Rent of Tenants.
|
XLVI. And be it enacted, That in case any Land which shall be so improved as aforesaid shall at any Time, not later than Twelve Months after the Completion of the Works for the Improvement thereof, be in the Occupation of any Person who shall not be the Owner thereof within the Meaning of this Act liable to such Rent-charge, then and in every such Case the said Commissioners of Public Works shall, if required so to do by or on behalf of the Owner of such Land for the Time being liable to such Rent-charge, or by or on behalf of the Occupier of such Land, determine the Amount of increased Rent, if any, which the Occupier of such Lands ought (immediately or prospectively at one fixed or at a progressive Rent) to pay by reason of the improving thereof under the Provisions of this Act; and shall signify their Determination by Endorsement in Writing on the Lease or other Instrument, if any, by which such Lands may be held, or by a separate Instrument under their Corporate Seal, in which Determination the Commissioners shall be bound to have regard and as far as possible to give effect to any Agreement which shall be shown to their Satisfaction to have been entered into by the Proprietor and any Person or Persons having an immediate or derivative Title from him in the said Lands respecting the Improvement thereof under the Provisions of this Act; and the Occupier of such Lands shall pay to his next immediate Landlord the said increased Rent, and the immediate Landlord, of such Occupier, if not himself such Owner as last aforesaid, shall pay the said increased Rent to his immediate Landlord, and so successively each Sub-Lessor and Sub-Lessee of such Land, not being such Owner as last aforesaid, shall pay the same to his immediate Landlord until such Payment shall be made to the Owner of such Lands within the Meaning of this Act; and the said increased Rent shall be due and payable at the same Times as the Rent originally reserved would be due and payable between the respective Parties and the Landlord of such Occupier; and every Landlord entitled under the Provision aforesaid shall have the same Remedies for the Recovery of such increased Rent as he or they might have or were entitled to have for the Rent originally reserved.
|
