1901_CODE_OF_CIVIL_PROCEDURE — Page 101

752

Limitation

of right of lessee to relief on equitable grounds.

c. 76 s. 211.

No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901

found on the demised premises, countervailing the arrears then due, and that the landlord or lessor had power to re-enter, then the landlord or lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.

(2.) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief on equitable grounds within six months after such execution executed, then the lessee, his assignee, and all other persons claiming and deriving under the lease shall be barred and foreclosed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth hold the demised premises discharged from such lease. Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession if such mortgagee, within six months after such judgment obtained and execution executed, pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed.

512.—(1.) In case the lessee or his assignee, or other person claiming any right, title, or interest in law or equity of, in, or to the lease, within the time aforesaid, applies to the Court for relief on equitable grounds such person shall not be entitled to a stay of the proceedings on such 15 & 16 Vict. ejectment, unless, within forty days next after a full and perfect answer to such application has been made by the claimant in such ejectment, he pays into Court such sum of money as the landlord or lessor in his answer swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain until the trial of the cause, or to be paid out to the landlord or lessor on good security subject to the judgment of the Court.

(2.) In case such application for relief on equitable grounds is made within the time aforesaid and after execution is executed, the landlord or lessor shall be accountable only for so much and no more as he may really and bona fide, without fraud, deceit, or wilful neglect, make of the demised premises from the time of his entering into the possession thereof; and if what is so made by the landlord or lessor happens to be less than the rent reserved on the lease, then the lessee or his assignee, before he shall be restored to his possession, shall pay to the landlord or lessor the amount by which the money so made by him fell short of the reserved rent for the time the landlord or lessor held the demised premises.