1190
Restricted operation of partial licences. [Ibid. s. 2.]
Apportionment of conditions of re-entry in certain cases. [Ibid, s. 3.]
ORDINANCE No. 11 OF 1873.
Law of Property, (Leases).
granted, shall at any time after the passing of this Ordinance be given to any lessee, or his assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given, or to any specific breach of any proviso or covenant made or to be made, or to the actual assignment, under-lease, or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach (unless otherwise specified in such licence); and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and virtue, and shall be available as against any subsequent breach of covenant or condition, assignment, under-lease, or other matter not specifically authorized or made dispunishable by such licence, in the same manner as if no such licence had been given; and the condition or right of re-entry shall be and remain in all respects as if such licence had not been given, except in respect of the particular matter authorized to be done.
2. Where in any lease heretofore granted or to be hereafter granted there is or shall be a power or condition of re-entry on assigning, or under-letting, or doing any other specified act without licence, and a licence at any time after the passing of this Ordinance shall be given to one of several lessees or co-owners to assign or underlet his share or interest, or to do any other act prohibited to be done without licence, or shall be given to any lessee or owner, or any one of several lessees or owners, to assign or underlet part only of the property, or to do any other such act as aforesaid in respect of part only of such property, such licence shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by the co-lessee or co-lessees, or owner or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property (as the case may be) over or in respect of such shares or interests, or remaining property, but such right of re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such licence.
3. Where the reversion upon the lease is severed and the rent or other reservation is legally apportioned, the assignee of each part of the reversion shall, in respect of the apportioned rent or other reservation allotted or belonging to him, have and be entitled to the benefit of all conditions or powers of re-entry for non-payment of the original rent or