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Commissioners to determine Amount of increased Rent to be paid for Land improved.
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CXVII. And be it enacted, That in case any Land which shall be drained or improved by Drainage under this Act shall, at the Time of making the said Award, be in the Occupation of a Person who shall not be a Proprietor thereof within the Meaning of the Provisions in that Behalf herein-before contained, or in case any Land so drained or improved shall be held under any Person who shall within the Meaning of the aforesaid Provisions be a Proprietor thereof by any other Person or Persons, under any Lease, Agreement, or Contract for a Lease, or shall be held under any Lease, Agreement, or Contract for a Lease granted or made by any Person or Persons having any immediate or derivative Title from or under such Proprietor, then and in such Case the said Commissioners shall determine the Amount of increased Rent or Rents which such Occupant, and other Person or Persons, having such immediate or derivative Title from or under such Proprietor as aforesaid, shall pay in consequence of any Improvement of such Land, regard being had to the Duration, Extent, and Value of the Interest of such Occupant or Person or Persons in such Land, and the necessary Expences to be incurred in the Cultivation thereof, and the peculiar Circumstances of each Case, and regard also being had to the Rates and Taxes which will be payable by the Proprietor under this Act for the ordinary Maintenance and Support of the Works which shall have been executed, but without taking into account any probable Expences which may be payable by the Proprietor for the Reconstruction or Reinstatement of such Works, or any Reparation of any extraordinary Nature ; and the Landlord or respective Landlords of such Occupant or other Person or Persons, and every intermediate Landlord, shall have the same Remedies for the Recovery of such increased Rent or Rents as he or they was or were entitled to for the Rent or Rents originally reserved ; and the Decision of the said Commissioners shall be signified by Endorsement on the Lease or Instrument or Leases or Instruments of Demise, under the Hands and Seals of the said Commissioners or any Two of them.
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