ORDINANCE No. 12 of 1870.
Forfeiture and Re-entry.
5. No such petition as last aforesaid shall be entertained by the Governor in Council or by the Supreme Court, unless the same shall have been presented to the Governor within twelve months from the publication in the Gazette of the notice of registration of the memorial of re-entry: Provided always that the Governor in Council may, if he shall think fit in any particular case, extend the time hereby limited for presenting such petition.
1065
Time limited petition.
for presenting
on petition.
6. Upon the hearing before the Supreme Court of any petition under this Ordinance, the Attorney General shall appear as respondent thereto on behalf of the Crown, and the proceedings shall be the same as upon a summary petition under Ordinance No. 1 of 1857, unless the Court shall otherwise direct, and it shall be lawful for the Court in its discretion to exercise the same powers, and to make the same decree or order as in a suit between private parties for the same relief, and in cases where the right of re-entry is in dispute to apply the provisions of Ordinance No. 3 of 1861, and generally to grant such relief and make such decrees or orders upon such petitions as the justice of the case may require.
7. The Governor in Council, upon the petition of any Crown lessee, his executors, administrators, and assigns under section 3, and the Supreme Court, upon the hearing of any petition under this Ordinance, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition shall have been presented, and such cancellation if so ordered, shall be effected in manner hereinafter mentioned.
Power to order
of memorial
cancellation
of re-entry
of memorial.
8. A memorial of re-entry by the Crown, shall be deemed to 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 or of the Supreme Court be written or endorsed thereon, and immediately upon such cancellation, the memorial shall become void to all intents and purposes as if the same had never been made or registered, and the lands 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 previously existing thereon, shall be deemed to be as valid and subsisting in every respect, as if no such re-entry had been effected by the Crown under the provisions of this Ordinance.
ORDINANCE No. 12 or 1870.
Forfeiture and Re-entry.
5. No such petition as last aforesaid shall be entertained by the Governor in Council or by the Supreme Court, unless the same shall have been presented to the Governor within twelve months from the publica- tion in the Gazette of the notice of registration of the memorial of re-entry: Provided always that the Governor in Council may, if he shall think fit in any particular case, extend the time hereby limited for presenting such petition.
1065
Time limited petition.
for presenting
on petition.
6. Upon the hearing before the Supreme Court of any petition under Proceedings this Ordinance, the Attorney General shall appear as respondent thereto on behalf of the Crown, and the proceedings shall be the same as upon a summary petition under Ordinance No. 1 of 1857, unless. the Court shall otherwise direct, and it shall be lawful for the Court in its discretion to exercise the same powers, and to make the same decree or order as in a suit between private parties for the same relief, and in cases where the right of re-entry is in dispute to apply the provisions of Ordinance No. 3 of 1861, and generally to grant such relief and make such decrees or orders upon
such petitions as the justice of the case may require.
7. The Governor in Council, upon the petition of any Crown lessee, his executors, administrators, and assigns under section 3, and the Supreme Court, upon the hearing of any petition under this Ordinance, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition shall have been presented, and such cancellation if so ordered, shall be effected in manner hereinafter mentioned.
Power to order. of memorial
cancellation.
of re-entry
of memorial.
8. A memorial of re-entry by the Crown, shall be deemed to have Cancellation 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 or of the Supreme Court be written or endorsed thereon, and immediately upon such cancellation, the memorial shall become void to all intents and purposes as if the same had never been made or registered, and the lands 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 previously existing thereon, shall be deemed to be as valid and subsisting in every respect, as if no such re-entry had been effected by the Crown under the provisions of this Ordinance.
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