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THE HONGKONG GOVERNMENT GAZETTE, 23RD AUGUST, 1873.

Restricted Operation of partial Licences.

to be hereafter granted, shall at any Time after the Passing of this Ordinance be given to any Lessee, or his Assigns, every such Licence shall, unless otherwise expressed, extend only to the Per- mission actually given, or to any specific Breach of

any Proviso or Covenant made or to be made, or to the actual Assignment, Under-lease, or other Matter thereby specifically authorised to ne 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 in the Lease contained shall remain in full Force and Virtue, and shall be available as against any subsequent Breach of Covenant or Condition, Assignment, Under-lease, or other Matter not specif- cally authorized or made dispunishable by such Licence, in the same Manner as if no such Licence had been given; and the Con- dition 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 par- ticular Matter authorized to be done.

II. Where in any Lease heretofore granted or to be hereafter granted there is or shall be a Power or Condition of Re-entry on assigning, or under-letting, or doing any other specified "Act without Licence, and a Licence at any Time after the Passing of this Ordinance shall be 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 shall be 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 such 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 or Co-lessees, or Owner or Owners of the other Shares or Interests in the Property, or by the Lessee or Owner of the Rest of the Property (as tlie 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.

III. Where the Reversion upon a Lease is severed and the of Conditions Rent or other Reservation is legally apportioned, the Assignee of each of Re-entry 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 in- cident to his Part of the Reversion in respect of the apportioned Rent or other Reservation allotted or belonging to him.

Apportionment

in certain Cases,

Relief against Forfeiture for Breach of Covenant, to insure in

IV. 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 certain Cases. 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, upon such Terms as to the Court may seem fit.

When Relief granted the same to be recorded,

Court not to relieve any Person more than once in

V. The Court, where Relief shall be granted, shall direct a Record of such Relief having been granted to be made by Indor- sement on the Lease or otherwise.

VI. The Court shall not have Power under this Ordinance to relieve the same Person more than once in respect of the same Covenant or Condition; nor shall it have Power to grant any respect of the Relief under this Ordinance where a Forfeiture under the Covenant sameCovenant, in respect of which Relief is sought shall have been already waived out of Court in favor of the Person seeking the Relief.

&c.

Lessor to have

informal Insurance.

VII. The Person entitled to the Benefit of a Covenant on the Benefit of an Part of a Lessee or Mortgagor to insure against Loss or Damage by Fire shall, on Loss or Damage by Fire happening, have the same Advantage from any then subsisting Insurance relating to the Building covenanted to be insured, effected by the Lessee or Mortgagor in respect of his Interest under the Lease or in the Property or by any Person claiming under him, but not effected in conformity with the Covenant, as he would have from an In- surance effected in conformity with the Covenant.

Protection of Purchaser

against Forfei- ture under

VIII. Where, on the bona fide Purchase after the Passing of this Ordinance of a Leasehold Interest under a Lease containing a Covenant on the Part of the Lessee to insure against Loss or Da- Covenant for mage by Fire, the Purchaser is furnished with the written Receipt Insurance of the Person entitled to receive the Rent, or his Agent for the against Fire in last Payment of Rent accrued due before the Completion of the certain Cases. Purchase, and there is subsisting at the Time of the Completion of the Purchase an Insurance in conformity with the Covenant, the Purchaser or any Person claiming under him shall not be subject to any Liability, by way of Forfeiture or Damages or otherwise, in respect of any Breach of the Covenant committed