ORDINANCE No. 11 of 1873.
Law of Property, (Leases).
other reservation, in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him.
4. 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 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.
1191
Relief against forfeiture for breach of covenant to insure in certain cases. [Ibid. s. 4.]
5. The Court, where relief shall be granted, shall direct a record of such relief having been granted to be made by indorsement on the lease or otherwise.
When relief granted the same to be recorded. [Ibid. s. 5.]
6. 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 relief under this Ordinance where a forfeiture under the covenant in respect of which relief is sought shall have been already waived out of Court in favor of the person seeking the relief.
Court not to relieve any person more than once in respect of the same covenant, &c. [Ibid. s. 6.]
7. The person entitled to the benefit of a covenant on the 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 insurance effected in conformity with the covenant.
Lessor to have benefit of an informal insurance. [Ibid. s. 7.]
8. 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 damage by fire, the purchaser is furnished with the written receipt of the person entitled to receive the rent, or his agent, for the last payment of rent accrued due before the completion of the 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
Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases. [Ibid. s. 8.]
ORDINANCE No. 11 or 1873.
Law of Property, (Leases).
other reservation, in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him.
4. 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 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.
1191
Relief against. breach of insure in [Ibid. s. 4.]
forfeiture for
covenant to
certain cases.
5. The Court, where relief shall be granted, shall direct a record of When relief such relief having been granted to be made by indorsement on the lease or otherwise.
6. 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 relief under this Ordinance where a forfeiture under the covenant in respect of which relief is sought shall have been already waived out of Court in favor of the person seeking
the relief.
7. The person entitled to the benefit of a covenant on the 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 insurance effected in conformity with the covenant.
8. Where, on the bona fide purchase after the passing of this Ordi- nance of a leasehold interest under a lease containing a covenant on the part of the lessee to insure against loss or damage by fire, the purchaser is furnished with the written receipt of the person entitled to receive the rent, or his agent, for the last payment of rent accrued due before the completion of the 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 any of forfeiture or damages, or otherwise, in respect of
granted the same to be recorded. [lbid. s. 5.]
Court not to relieve any person more than once in respect of the same coven-
ant, &c. [Ibid. s. 0.]
Lessor to have benefit of an informal
insurance. [Ibid. 8. 7.]
Protection of purchaser
against for covenant for
feiture under
insurance against fire in
[Ibid. s. 8.] certain cases.
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