CROWN RIGHTS (RE-ENTRY) ORDINANCE, 1870

CROWN RIGHTS (RE-ENTRY) ORDINANCE, 1870

No. 4 of 1870.
An Ordinance to make provision for the enforcement of
rights of re-entry by the Crown and for the granting
of relief against forfeiture.
[26th August, 1870.]

WHEREAS it is expedient to extend to this Colony the provisions of
section 25 of the Act 22 & 23 Victoria, chapter 21, and to make
provision for the enforcement of rights of re-entry by the Crown
and for the granting of relief against forfeiture:-

1. This Ordinance may be cited as the Crown Rights
(Re-entry) Ordinance, 1870.

2. When a right of re-entry upon lands or tenements has
accrued to His Majesty, such right may be exercised or
enforced without any inquistition being taken,or office being
found, or any acutal re-entry being made on the premises.

* As amended by law Rev. Ord., 1923. this Ordinance is not affected
by No. 2 of 1873.
+ As amended by law Rev. Ord., 1923.










Whenever it is necesary to enforce, a right of re-entry
by. the Crown upon any such lands or tenements for the
breach of any covenant in the Crown lease thereof, or for the
brecach of any condition or stipulation of any tenaancy therof,
a memorial of such re-entry, under the hand of the Governor
and the public seal, may be registered in the Land Office,
and, immediately on the registration of such memorial, the
Crown shall be deemed to have re-entered upon the lands or
tenements described therein and in respect of which such
right of re-entry has accrued, and the said lands, and tene-
ments shall ipso facto become thereby re-vested in the Crown
as full as if the Crown lease thereof had determined, or a
surrender to His Majesty of such Crown lease had been
executed by the lessee, his executors, administrators, or
assigns, or, as the case may be, is fully as if the tenancy had
absolutely determined: Provided always that case the
lessee, his executors, administhitors, and assigns, disputes
or dispute the right of the Crown to re-enter, he or they may
apply by summary petition to the SupremenCourt in its
equitable jurisdiction for relief against such re-entry: And
provided also that the lessee, or his executors, administrators,
or assigns may apply by summary petition to the Supreme
Court inits equitable jurisdiction for relief against any such
re-entry as is referred to inthis 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 affeted in this Ordinance.

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.
[s.5, rep. No. 11 of 1923.]

6. No such peition 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

* As amended by No. 11 of 1923.

















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

7. On the hearing before the Supreme Court of any such
petition the Attorney General shall appear as respondent
thereto o 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.

8. The Governor in Council on the petition of any Crown
lessee, his executors, administrators, or assigns, unnder section
4 and the Supreme Court on the hearing of any petition
under secti6n 3, may ordet 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
intens and purposes as if the same had never been made
or registered, and the lands and tenements described therin
shall be ipso facto re-vested in the lessee,his executors,
administrators, and assigns, for all his or their previous
estate and interest therin, 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
punished in the Gazette.

* As amended by No. 11 of 1923.









12. Nothing in this Ordinance shall be deemed to take
away or affect any other remedies of the Crown for the
enforcement of rights of re-entry upon any lands or tene-
ments.

13. A petition to the Governor in Council under section
4 shall be a bar to any subsequent petition to the Supreme,
Court under section 3.

SCHEDULE. [s.10]

MEMORIAL OF RE-ENTRY BY THE CROWN.


[Originally No. 12 of 1870. No. 11 of 1923. Law Rev. Ord., 1924.] Short title. Exercise of right of re-entry of the Crown. 22 & 23 Vict.c. 21, s. 25. Memorial of re-entry. Petition to Governor in Council by lessee for relief against forfeiture. Time limited for presenting petition. Proceedings on petition to Supreme Court. Power to order cancellation of re-entry. Cancellation of memorial of re-entry. Form of memorial of re-entry Schedule. Notice of registration of memorial. Saving of other remedies of the Crown. Petition to Governor in Council to be a bar to petition to the Supreme Court.

[Originally No. 12 of 1870. No. 11 of 1923. Law Rev. Ord., 1924.] Short title. Exercise of right of re-entry of the Crown. 22 & 23 Vict.c. 21, s. 25. Memorial of re-entry. Petition to Governor in Council by lessee for relief against forfeiture. Time limited for presenting petition. Proceedings on petition to Supreme Court. Power to order cancellation of re-entry. Cancellation of memorial of re-entry. Form of memorial of re-entry Schedule. Notice of registration of memorial. Saving of other remedies of the Crown. Petition to Governor in Council to be a bar to petition to the Supreme Court.

https://oelawhk.lib.hku.hk/items/show/1086

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