1923_CROWN_RIGHTS_(RE-ENTRY)_ORDINANCE__1870 — Page 3

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CROWN RIGHTS (RE-ENTRY).

No. 4 of 1870.

177

may in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.

on petition

7. On the hearing before the Supreme Court of any such petition the Attorney General shall appear as respondent thereto on behalf of the Crown, and the proceedings shall be same as upon an ordinary petition in the court, unless the court otherwise directs, and it shall be lawful for the court to exercise the same powers, and to make the same decree or order, as in an action between private parties for the same relief.

8. The Governor in Council on the petition of any Crown lessee, his executors, administrators, or assigns, under section 4, and the Supreme Court on the hearing of any petition under section 3, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition has been presented, and such cancellation, if so ordered, shall be effected in manner hereinafter mentioned.

9. 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, is written or indorsed thereon, and, immediately on 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.

10. The form of memorial in the Schedule or any form to the like effect, may be used for the purpose of section 3, with such variations as the circumstances of the case may require.

11. Notice of the registration of a memorial of re-entry by the Crown and of any cancellation thereof shall be published in the Gazette.

* As amended by No. 11 of 1923.

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177may in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.on petition7. On the hearing before the Supreme Court of any such petition the Attorney General shall appear as respondent thereto on behalf of the Crown, and the proceedings shall be same as upon an ordinary petition in the court, unless the court otherwise directs, and it shall be lawful for the court to exercise the same powers, and to make the same decree or order, as in an action between private parties for the same relief.8. The Governor in Council on the petition of any Crown lessee, his executors, administrators, or assigns, under section 4, and the Supreme Court on the hearing of any petition under section 3, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition has been presented, and such cancellation, if so ordered, shall be effected in manner hereinafter mentioned.9. 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, is written or indorsed thereon, and, immediately on 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.10. The form of memorial in the Schedule or any form to the like effect, may be used for the purpose of section 3, with such variations as the circumstances of the case may require.11. Notice of the registration of a memorial of re-entry by the Crown and of any cancellation thereof shall be published in the Gazette.* As amended by No. 11 of 1923.
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177may in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.on petition7. On the hearing before the Supreme Court of any suchProceedings petition the Attorney General shall appear as respondentto Supreme thereto on behalf of the Crown, and the proceedings shall beCourt.: same as upon an ordinary petition in the court, unless the court otherwise directs, and it shall be lawful for the court to exercise the same powers, and to make the same decree or order, as in an action between private parties for the same relief.*cancellation**8. The Governor in Council on the petition of any CrownPower to lessee, his executors, administrators, or assigns, under sectionorder 4, and the Supreme Court on the hearing of any petitionof re-entry. under section 3, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition has been presented, and such cancellation, if so ordered, shall be effected in manner hereinafter mentioned.of memorial9. A memorial of re-entry by the Crown shall be deemedCancellation to have been cancelled if a memorandum, signed by theof re-entry. Colonial Secretary, to the effect that the same is cancelled by order of the Governor in Council or of the Supreme Court, is written or indorsed thereon, and, immediately on 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..memorial of10. The form of memorial in the Schedule or any formForm of to the like effect, may be used for the purpose of section 3,re-entry. with such variations as the circumstances of the case may Schedule. <require.11 Notice of the registration of a memorial of re-entryNotice of by the Crown and of any cancellation thereof shall beregistration published in the Gazette.of memorial.* As amended by No. 11 of 1923.
2026-05-03 09:02:00 · Baseline
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CROWN RIGHTS (RE-ENTRY).

No. 4 of 1870.

177

may in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.

on petition

7. On the hearing before the Supreme Court of any such Proceedings petition the Attorney General shall appear as respondent to Supreme thereto on behalf of the Crown, and the proceedings shall be Court.

:

same as upon an ordinary petition in the court, unless the court otherwise directs, and it shall be lawful for the court to exercise the same powers, and to make the same decree or order, as in an action between private parties for the same relief.

*

cancellation

**

8. The Governor in Council on the petition of any Crown Power to lessee, his executors, administrators, or assigns, under section order 4, and the Supreme Court on the hearing of any petition of re-entry. under section 3, may order the cancellation of the memorial of re-entry upon the lands and tenements in respect of which the petition has been presented, and such cancellation, if so ordered, shall be effected in manner hereinafter mentioned.

of memorial

9. A memorial of re-entry by the Crown shall be deemed Cancellation to have been cancelled if a memorandum, signed by the of re-entry. Colonial Secretary, to the effect that the same is cancelled by order of the Governor in Council or of the Supreme Court, is written or indorsed thereon, and, immediately on 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.

.

memorial of

10. The form of memorial in the Schedule or any form Form of to the like effect, may be used for the purpose of section 3, re-entry. with such variations as the circumstances of the case may Schedule. <require.

11 Notice of the registration of a memorial of re-entry Notice of by the Crown and of any cancellation thereof shall be registration published in the Gazette.

of memorial.

* As amended by No. 11 of 1923.

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