178
No. 4 of 1870.
Petition to
Governor by
lessee for
relief against
forfeiture.
Referring of petition to the Supreme Court.
Time limited for presenting
petition.
*
Proceedings
on petition.
+
[cf. No. 3 of 1901.]
Power to order cancel-lation of
re-entry.
§
CROWN RIGHTS (RE-ENTRY).
shall ipso facto become thereby re-vested in the Crown as fully as if the Crown lease thereof had determined, or a surrender to His Majesty of such Crown lease had been executed by the lessee, his executors, administrators, or assigns: Provided always that in case the lessee, his executors, administrators, and assigns, disputes or dispute the right of the Crown to re-enter, he or they may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against such re-entry,
4. In every case of re-entry by the Crown for breach of covenant in a Crown lease, the lessee, his executors, administrators, or assigns, may, within such period as is hereinafter mentioned, petition the Governor to grant him or them relief against the forfeiture of the Crown lease by reason of such breach of covenant.
5. It shall be lawful for the Governor-in-Council on such petition to grant the relief asked for, but in case he does not think fit to do so, or in case he desires that the matter be dealt with by a Court of Law, the petition, unless previously withdrawn, shall be referred to the Supreme Court in its equitable jurisdiction.
6. No such petition shall be entertained by the Governor-in-Council or by the Supreme Court, unless it has been presented within 12 months from the publication in the Gazette of the notice of registration of the memorial of re-entry: Provided always that the Governor-in-Council may in any particular case extend the time hereby limited for presenting such petition.
7. On the hearing before the Supreme Court of any such petition the Attorney General shall appear as respondent thereto on behalf of the Crown, and the proceedings shall be the same as upon an ordinary petition in the Court, unless the Court otherwise directs, and it shall be lawful for the Court to exercise the same powers, and to make the same decree or order, as in an action between private parties for the same relief, and, in any case where the right of re-entry is in dispute, to apply the provisions of the Code of Civil Procedure and generally to grant such relief and make such decree or order upon such petition as the justice of the case may require.
8. The Governor-in-Council on the petition of any Crown lessee, his executors, administrators, or assigns, under section 4, and the
* As amended by No. 62 of 1911.
4 As amended by No. 62 of 1911 and No. 63 of 1911.
$ As amended by No. 61 of 1911.
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affect of re-entry.