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(Cap. 116).
(5) if the action does not cease as aforesaid and the Court at the trial is salisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, the Court shall order possession of the land to be given to the lessor at the expiration of such period, not being less than four weeks from the date of the order, as the Court thinks fit, unless within that period the lessce pays into court all the rent in arrear and the costs of the action as endorsed on the writ or as may be fixed by the Court:
(c) if within the period specified in the order, the lessee pays into court all the rent in arrear and the costs of the action. he shall hold the land according to the lease without any new lease, but if the lessee does not, within the said period, pay into court all the rent in arrear and the costs of the action, the order shall be enforced in the prescribed manner, and so long as the order remains unreversed the lessee shall be barred from all relief:
Provided that, where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent, paragraph (4) of this subsection shall not apply, and nothing in this subsection shall be taken to affect the power of the Court to make any order which it would otherwise have power to make as respects the right of re-entry or forfeiture on that other ground.
(2) Where any such action as aforesaid is brought in the Court and, at the time of the commencement of the action, one half-year's cent is in arrear and the lessor has a right to re-enter for non-payment thereof and no sufficient distress is to be found on the premises counter- vailing the arrears then due, the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
(3) Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may, if the annual rent or the rate- able value determined in accordance with the provisions of the Rating Ordinance or the net annual value of the land, whichever is the less. does not exceed five thousand dollars, at any time within six months from the date on which the lessor re-entered apply to the Court for relief, and on any such application the Court may, if it thinks fit, grant to the lessee such relief as the Supreme Court could have granted.
(4) For the purposes of this section-
(a) the expression "lease" includes an original or derivative under- lease, also an agreement for a lease where the lessee has become entitled to have his lease granted, also a grant, securing
a rent by condition but does not include a lease directly from the Crown;
(b) the expression “lessee” includes an original or derivative under- lessee, and the persons deriving title under a lessee, also a grantee under any such grant as aforesaid and the persons deriving title under him;
(c) the expression "lessor" includes an original or derivative under- lessor and the persons deriving title under a lessor, also a person making such grant as aforesaid and the persons deriving tide under him;
(d) the expression "under-lease" includes an agreement for an under-lease where the under-lessee has become entitled to have bis under-lease grunted;
(e) the expression "under-lessee" includes any person deriving title
under an under-lessee.
46. The Court shall have the same power to enforce an under- Solicitors. taking given by a solicitor in relation to any proceedings in that court as the Supreme Court has to enforce an undertaking so given in relation to any proceedings in the Supreme Court.
47. (1) No action shall be brought against a judge for any act Protection done by him in the execution of his duty until the act done by him of judges. has been quashed on appeal to the Full Court or by the Court.
(2) No such action shall be brought in respect of any matter within the jurisdiction of the judge unless it is expressly alleged that such act was done maliciously and without reasonable and probable cause and the burden of proof that the act was so done shall rest with the plaintiff in such action.
(3) In any such action in respect of any matter over which by law the judge had no jurisdiction or in which he exceeded the juris- diction conferred on him by this Ordinance or by any other enactment, it shall be a good defence that the act complained of was not done maliciously and without reasonable or probable cause and the burden of proof that the act was not so done shall rest with the judge.
(4) Save under and in accordance with this section no action shall lie in any civil court against a judge for any act done in a matter over which by law he had no jurisdiction or in which he exceeded the juris- diction conferred on him by this Ordinance or by any other enactment.
48. (1) The Rules Committee may make rules regulating the Civil Proce- practice of the Court in the exercise of its civil jurisdiction and the dure Rules. forms of proceedings therein and prescribing scales of costs to be paid to counsel and solicitors and the court fees to be paid in respect of any such proceedings.