90
No. 4 of 1870.
Petition to Governor in Council by lessee for relief against forfeiture.
CROWN RIGHTS (RE-ENTRY).
memorial of such re-entry, under the hand of the Colonial Secretary or of any Assistant Colonial Secretary authorized to sign such memorials by Command of the Governor, may be registered in the Land Office, and, immediately on the registration of such memorial, the Crown shall be deemed to have re-entered upon the lands or tenements described therein and in respect of which such right of re-entry has accrued, and the said lands and tenements 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, or, as the case may be, as fully as if the tenancy had absolutely determined: 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: And provided also that the lessee, or his executors, administrators, or assigns may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against any such re-entry as is referred to in this section in any case in which the said lessee, or his executors, administrators, or assigns, would have been entitled to such relief if the lessor had been a private party and not the Crown, subject always to the provisions of this Ordinance and subject to all other rights of the Crown not expressly affected in this Ordinance.
4. In every case of re-entry by the Crown for breach of covenant in a Crown lease, or for the breach of any condition or stipulation of any tenancy, the lessee, his executors, administrators, or assigns, may petition the Governor in Council to grant him or them relief against the forfeiture.
[s. 5, rep. No. 11 of 1923.]
Time limited for presenting petition.
6. No such petition shall be entertained by the Governor in Council or by the Supreme Court, unless it has been presented within twelve 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 to the Governor in Council or to the Supreme Court.