Law of Property Amendment..
or owner 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.
4. 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 other reservation, in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him.
5. The Supreme Court shall have power to relieve against a forfeiture for breach of a covenant or condition to insure against loss or damage by fire, where no loss or damage by fire has happened, and the breach has, in the opinion of the court, been committed through accident or mistake or otherwise without fraud or gross negligence, and there is an insurance on foot at the time of the application to the court in conformity with the covenant to insure, on such terms as to the court may seem fit.
6. The Supreme Court, where such relief is granted, shall direct a record of such relief having been granted to be made by indorsement on the lease or otherwise.
7. The Supreme Court shall not have power to relieve the same person more than once in respect of the same covenant or condition; nor shall it have power to grant any relief where a forfeiture under the covenant in respect of which relief is sought has been already waived out of court in favour of the person seeking the relief.
8. The person entitled to the benefit of a covenant on the part of a lessee or mortgagor to insure against loss or damage by fire shall, on loss or damage by fire happening,
[CAP. 24
Apportionment of conditions of re-entry in certain cases.
22 & 23 Vict. c. 35, s. 3.
Relief against forfeiture for breach of covenant to insure in certain cases.
22 & 23 Vict. c. 35, s. 4.
Record of relief.
22 & 23 Vict. c. 35, s. 5.
Restriction on power to relieve.
22 & 23 Vict. c. 35, s. 6.
Lessor or mortgagee to have benefit of insurance.
22 & 23 Vict. c. 35, s. 7.
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