978
THE HONGKONG GOVERNMENT GAZETTE, 13TH AUGUST, 1870.
Title.
Preamble.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make Provision for the Enforcement of Rights of Re-entry by the Crown.
[
, 1870.]
Wions of the Eventy-fifth Section of an Act of the Imperial HEREAS it is expedient to extend to this Colony the Pro- Parliament passed in the Twenty-second and Twenty-third Years of Her Majesty Queen Victoria, entitled: "An Act to regulate the Office of Queen's Remembrancer, and to amend the Practice and Procedure on the Revenue Side of the Court of Exchequer," and to make Provision for the Enforcement of Rights of Re-entry by the Crown: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. When a Right of Re-entry upon Lands or other Heredita- ments within this Colony shall have accrued to Her Majesty or her Successors, such Right may be exercised or enforced without be exercised. any Inquisition being taken or Office being found, or any actual
Re-entry being made on the Premises.
Right of Re-entry by the Crown. How it may
Memorial of Re-entry.
Power to cancel Memorial.
Cancellation
II. Whenever it shall be necessary to enforce a Right of Re- entry by the Crown upon any Lands or Tenements within the Colony, the Surveyor General may cause a Memorial of such Re-entry under the Hand of the Governor and the Public Seal of the Colony to be registered in the Land Office and immediately upon the Registration of such Memorial, the Crown shall be deemed to have re-entered upon the Jands or Tenements described therein and in Respect of which such Right of Re-entry shall have accrued, and the said Lands and Tenements shall ipso facto become thereby re-vested in the Crown as fully as if a Surrender to Her Majesty and her Successors of the Crown Lease thereof had been executed by the Lessee, his Executors, Administrators or Assigns.
III. It shall be lawful for the Governor in Council, if he shall think fit, to order such Memorial of Re-entry to be cancelled at any Time after the Registration thereof, and immediately upon such Cancellation, the Memorial shall become void to all Întents and Purposes as if the same had never been made or registered, and the Land and Tenements described therein shall be ipso facto re-vested in the Lessee, his Executors, Administrators and Assigns for all his or their previous Estate and Interest therein, and the Crown Lease thereof, and every Mortgage, Charge or Lien pre- viously existing thereon, shall be deemed to be as valid and sub- sisting in every Respect, as if no such Re-entry had been effected by the Crown under the Provisions of this Ordinance.
IV. A Memorial of Re-entry by the Crown, shall be deemed to of Memorial. have been cancelled if a Memorandum signed by the Colonial Secretary to the Effect that the same is cancelled by Order of the Governor in Council be written or endorsed thereon.
Form of Memorial of Re-entry.
Notice in the Gazette.
V. The Form of Memorial contained in the Schedule to this Ordinance or any Form to the like Effect may be used for the Purpose of Section II, with such Variations as the Circumstances of the Case may require.
VI. Notice of the Registration of a Memorial of Re-entry by the Crown and of any Cancellation thereof, shall be published in the Gazette.
SCHEDULE.
Memorial of Re-entry by the Crown.
Description of the Property as in the Crown Lease.
BE IT REMEMBERED that on the
1,
Day of
Governor of Hongkong, did in the name and on behalf of Her Majesty the Queen re-enter upon the Lands, Tenements, and Premises above described for Breach of Covenant contained in the Crown Lease thereof.
L. S.
Governor.
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