Page:Public General Statutes 1896.djvu/411

1896.

landlord shall be deemed to be determined within the meaning of section fifteen of the, without prejudice to his right to redeem his interest, as if a decree for possession or a writ of possession had been executed.

(2.) Unless the court before which the ejectment was brought certifies that the nonpayment was due to the nonpayment of rent by the tenant of the holding, such judgment shall not be executed against the tenant, and the tenancy of the holding shall not be affected, except that the superior landlord shall stand in the relation of immediate landlord to the tenant, and may proceed accordingly for the recovery of all rent due from the tenant to the immediate landlord, as if it had always been due to the superior landlord, but (except in the case of fraud or collusion or a letting at a gross undervalue) not for the recovery of the rent due to the superior from the immediate landlord. If the amount recovered by the superior landlord from the tenant equals or exceeds the amount due to him from the immediate landlord, the interest of the immediate landlord shall not be deemed to have been redeemed, but the superior landlord shall pay the excess to the immediate landlord, after deducting any amount due for costs.

13. Where the estate of the immediate landlord for the time Tenure in being is determined during the continuance of any tenancy from severalty, year to year, and two or more persons are entitled in severalty as superior landlords, each of such persons shall be deemed to be the immediate landlord to the tenant of the tenancy within the meaning of section fifteen of the, in respect of the portion of the land to which he is entitled, and to have the rights and to be subject to the obligations of an immediate landlord as provided by the said section; and the Land Commission may, on application being made to them by any person interested otber than the tenant, apportion the rent previously paid by the tenant between the different persons thenceforward entitled to the landlord's interest according to the value of the land held from each; and the tenancy shall thereupon be divided into two or more tenancies according to the portions of land to which each of such landlords is entitled: Provided that each of such tenancies shall continue to be subject to the same conditions in all respects (save as regards the amount of rent to be paid) as the previously existing tenancy was subject to under the immediate landlord prior to the determination of his estate.

14. The, shall be amended as follows:—


 * (a.) The provisions of the Land Law Acts and this Act with respect to improvements shall apply, notwithstanding that the lessee or grantee would not, on quitting his holding, be entitled by reason of his being such lessee or grantee to claim compensation for improvements under the :


 * (b.) A person shall be a lessee or a grantee under a fee farm grant within the meaning of the said Acts, notwithstanding that the instrument under which he holds, though purporting