5
Right to apply for relief
against re-entry
of vesting.
(5) default is made in the payment of determined Crown rent or determined annual instalment of premium in respect of a relevant interest,
a vesting notice, under the hand of any public officer authorized by the Governor to sign such instruments, may be registered in the Land Office.
(2) Upon the registration of a vesting notice in the Land Office-
(a) the relevant interest against which the Crown is entitled
to proceed; and
(b) the rights and obligations of the former owner of that relevant interest under any instrument registered in the Land Office and relating to the occupation of premises and connected matters.
shall vest in The Colonial Treasurer Incorporated absolutely and free from-
O any mortgage or charge, whether legal or equitable and
whether registered in the Land Office or not;
(ii) any lien;
(iii) any right vested in any person by which the relevant interest is or might become security for the payment or repayment of money; and
(iv) any right or obligation contained in any instrument not
registered in the Land Office.
(3) The Land Officer shall cause a copy of every vesting notice registered in the Land Office under subsection (1)—
(a) to be served, in the manner provided by section 13, on
the former owner of the relevant interest; and
(b) to be published in the Gazette.
PART IV.
RELIEF AGAINST RE-ENTRY UPON LANDS OR TENEMENTS OR VESTING
OF RELEVANT INTEREST.
8. (1) Subject to subsections (3) and (4), where a memorial
of re-entry has been registered under section 4 in the Land Office. the former owner may-
(a) petition the Governor to grant him relief against the
re-entry:
(5) apply to the Supreme Court in its equitable jurisdiction
for relief against the re-entry-
(i) if he disputes the right of the Crown to re-enter; or (i) if the circumstances are such that he would have been entitled to apply for relief against re-entry had the lessor been a private party and exercised his right of re-entry.
(2) Subject to subsections (3) and (4), where a vesting notice has been registered under section 7 in the Land Office, the former owner of a relevant interest which is the subject of the vesting notice may-
(a) petition the Governor to grant him relief against the
vesting:
(b) apply to the Supreme Court in its equitable jurisdiction
for relief against the vesting-
Q if he disputes the right of the Crown to proceed under section 7: or
() if the circumstances are such that be would have been entitled to apply for relief against re-entry had the fessor been a private party and exercised his right of re-entry.
(3) A petition or application under subsection (1) or sub- section (2) may be made within six months from the registration of the memorial of re-entry or vesting notice, as the case may be, but in the case of a petition to the Governor the Governor may extend this period where be considers it just
(4) A petition to the Governor under paragraph (a) of sub- section (1) or paragraph (2) of subsection (2) shall be a bar to any subsequent application to the Supreme Court under paragraph (5) of subsection (1) or paragraph (b) of subsection (2).
9. (1) Upon consideration of a petition under section 8. the Governor may-
(0) order the cancellation of the memorial of re-entry so far as it affects the lands and tenements in respect of which the petition was made or the cancellation of the vesting notice so far as it affects the relevant interest in respect of which the petition was made, upon such terms as to costs, expenses, damages, compensation, penalty or other- wise as he shall in his discretion think At; or
(6) direct that the petition be referred to the Governor in
Council.
Power of
Governor or Governor in Council to order cancel- lation of
memorial of vesting notice,
re-entry or