1064
[*Cap. 21.]
Right of
re-entry by the Crown.
How it may be exercised.
Memorial of re-entry.
Lessee may petition the Governor for relief against forfeiture for breach of covenant.
Petition if not
granted to be referred to Supreme Court
ORDINANCE No. 12 of 1870.
Forfeiture and Re-entry.
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, and for the granting of relief against forfeiture: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. When a right of re-entry upon lands or tenements within this Colony shall have accrued to Her Majesty or Her Successors, such right may be exercised or enforced without any inquisition being taken or office being found, or any actual re-entry being made on the premises.
2. Whenever it shall be necessary to enforce a right of re-entry by the Crown upon any such lands or tenements, for the breach of any covenant in the Crown lease thereof, a memorial of such re-entry under the hand of the Governor and the public seal of the Colony may 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 lands 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 the Crown lease thereof had determined, or a surrender to Her Majesty and Her Successors of such Crown lease had been executed by the lessee, his executors, administrators, or assigns: Provided always, that in case the lessee, his executors, administrators, and assigns, shall dispute the right of the Crown to re-enter, he may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against such re-entry.
3. In every case of re-entry by the Crown for breach of covenant in a Crown lease, the lessee, his executors, administrators, or assigns may within such period as hereinafter mentioned, petition the Governor to grant him relief against the forfeiture of the Crown lease by reason of such breach of covenant.
4. It shall be lawful for the Governor in Council upon such petition to grant the relief, but in case he shall not think fit to do so, or in case he shall desire that the matter be dealt with by a Court of Law, the petition, unless previously withdrawn, shall be referred to the Supreme Court in its equitable jurisdiction.
1064
[*Cap. 21.]
Right of
re entry by the Crown.
How it may be exercised.
Memorial of re-entry.
Lessee may petition the Governor for relief against forfeiture for breach of covenant.
Petition if not
granted to be referred to Supreme Court
ORDINANCE No. 12 of 1870.
Forfeiture and Re-entry.
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, and for the granting of relief. against for feiture: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. When a right of re-entry upon lands or tenements within this Colony shall have accrued to Her Majesty or Her Successors, such right may be exercised or enforced without any inquisition being taken or office being found, or any actual re-entry being made on the premises.
2. Whenever it shall be necessary to enforce a right of re-ely by the Crown upon any such lands or tenements,
for the breach of any covenant in the Crown lease thereof, a memorial of such re-entry under the hand of the Governor and the public seal of the Colony may 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 lands 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 the Crown lease thereof had determined, or a surrender to Her Majesty and Her Successors of such Crown lease had been executed by the lessee, his executors, administrators, or assigns: Provided always, that in case the lessee, his executors, administrators, and assigns, shall dispute the right of the Crown to re-enter, he may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against such re-entry.
3. In every case of re-entry by the Crown for breach of covenant in a Crown lease, the lessee, his executors, administrators, or assigns may within such period as hereinafter mentioned, petition the Governor to grant him relief against the forfeiture of the Crown lease by reason of such breach of covenant.
4. It shall be lawful for the Governor in Council upon such petition to grant the relief, but in case he shall not think fit to do so, or in case he shall desire that the matter be dealt with by a Court of Law, the petition, unless previously withdrawn, shall be referred to the Supreme Court in its equitable jurisdiction.
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