CAP. 24]
Originally
11 of 1873. Fraser
2 of 1873.
3 of 1886.
Short title.
Restriction
on effect of licence to alienate.
22 & 23 Vict. c. 35, s. 1.
Restricted operation of partial
licence.
c. 35, s. 2.
Law of Property Amendment.
CHAPTER 24.
LAW OF PROPERTY AMENDMENT.
To amend the law of property in relation to covenants and conditions in leases, and in relation to sales of reversions.
[23rd September, 1873.]
1. This Ordinance may be cited as the Law of Property Amendment Ordinance..
2.
Where any licence to do any act the doing of which without such licence would create a forfeiture or give a right to re-enter, under a condition or power reserved in any lease, is 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, underlease, or other matter thereby specifically authorized 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 contained in the lease shall remain in full force and virtue, and shall be available as against any subsequent breach of covenant or condition, assignment, underlease, 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.
3.
Where in any lease there is a power or condition of re-entry on assigning, or underletting, or doing any other specified act without licence, and a licence is 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 is 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 the 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
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