Crown Rights (Re-entry).
And provided also that the lessee, or his executors, administrators, or assigns may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against any such re-entry as is referred to in this section in any case in which the said lessee, or his executors, administrators, or assigns, would have been entitled to such relief if the lessor had been a private party and not the Crown, subject always to the provisions of this Ordinance and subject to all other rights of the Crown not expressly affected in this Ordinance.
[CAP. 126
Petition to Governor in Council by lessee for relief against forfeiture.
4. In every case of re-entry by the Crown for breach of covenant in a Crown lease, or for the breach of any condition or stipulation of any tenancy, the lessee, his executors, administrators, or assigns, may petition the Governor in Council to grant him or them relief against the forfeiture.
5. No such petition shall be entertained by the Governor in Council or by the Supreme Court, unless it has been presented 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 in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.
[6]
Time limited for presenting petition.
6. 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 the 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.
[7]
Proceedings on petition to Supreme Court.
7. 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.
[8]
Power to cancellation of re-entry.
Page 563
Crown Rights (Re-entry).
And provided also that the lessee, or his executors, adminis- trators, or assigns may apply by summary petition to the Supreme Court in its equitable jurisdiction for relief against any such re-entry as is referred to in this section in any case in which the said lessee, or his executors, administra- tors, or assigns, would have been entitled to such relief if the lessor had been a private party and not the Crown, subject always to the provisions of this Ordinance and subject to all other rights of the Crown not expressly affected in this Ordinance.
[CAP. 126
Petition to
Governor in
lessee for
4. In every case of re-entry by the Crown for breach of covenant in a Crown lease, or for the breach of any Council by condition or stipulation of any tenancy, the lessee, his relief against executors, administrators, or assigns, may petition the Governor in Council to grant him or them relief against the forfeiture.
5. No such petition shall be entertained by the Governor in Council or by the Supreme Court, unless it has been presented 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 in any particular case extend the time hereby limited for presenting such petition to the Governor in Council or to the Supreme Court.
[6]
forfeiture.
Time limited petition.
for presenting
on petition
Court.
6. On the hearing before the Supreme Court of any Proceedings such petition the Attorney General shall appear as res- to Supreme pondent thereto on behalf of the Crown, and the proceed- ings shall be the 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.
[7]
order
of re-entry.
7. The Governor in Council on the petition of any Power to Crown lessee, his executors, administrators, or assigns, cancellation 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.
[8]
563
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