LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

No. 2 of 1873.

An Ordinance to amend the law of property in relation to
covenants and conditions in leases.
[23rd September, 1873.]

1. This Ordinance may be cited as the Law of Property
Amendment Ordinance, 1873.

2. Where any licence to do any act the doing of which
without such licence would create a forfeiture or give a right
to re-enter, under a condition or power reserved in any lease,
is given to any lessee or his assigns, every sch licence shall,
unless otherwise expressed, extend only to the permission
actually given, or to any specific breach of any proviso or
covenant made or to be made, or to the actusal assgnment,
underlease, or other matter thereby specifically authorised
to be done, but not so as to prevent any proceeding for any
subsequent breach 9unless otherwise specified in such
licence0; and all rights under covenants and powers of
forfeiture and re-entry contained in the lease shall remain in
full force and virtue, and shall be avaibanle as against any
subsequent breach of covenant or condition, assignment,
underlease, or other matter not specifically authorised or
made dispunishable by such licence, in the same manner as
if no such licence had been given; and the condition or right
of re-entry shall be and remain in all respects as if such
licence had not been given, except in respet of the particular
matter authorised to be done.

* As amended by No. 19 of 1922.
* As amended by Law Rev. Ord., 1923.


3. Where, in any lease there is a power or condition of
re-entry on assigning, or underletting, or doing any other
specified act withou licence, and a licence is given to one of
several lessees or co-owners to assign or underlet his share
or intrest or to do any other act prohibited to be done with-
out licence, or is given to any lessee or owner, or any one tof
several lesseses or owners, to assign or underlet party only of
the property or to do any other such act as aforesaid in
respect of party only of the property, such licence shall not
operate to destroy or extinguish the right of re-entry in case
of any breach of the convenant or condition by the co-lessee
of owner of the other shares or interests in the property or
by the lessee or owner of the rest of the property, as the case
may be, over or in respect of such shares or interests or
remaining property, but such right of re-entry shall remain
in full force over or in respect of the shares or interests or
property not the subject of such licence.

4. Where the revrsion upon the lease is severed and the
rent or other reservation is legally apportioned, the assignee
of each part of the reversion shall, in respect of the appor-
tioned rent or other reservation alloted or beloging to him
have and be entitled to the benefit of all conditions or powers
of re-entry for non-payment of the original rent or 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 reserva-
tion allotted or belonging to him.

5. 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 happende, and the breach has, in the opinion of the
court, been committed through accident or mistake or other-
wise 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, on such terms as
to the court may seem fit.

6. The Supreme Cout, where such relief is granted, shall
direct a record of such relief having been granted to be made
by indorsement on the lease or otherwise.

7. the Supreme Court shall not have power 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

























where a forfeiture under the covenant in respect of which
relief is sought has been already waived out of court in
favour of the person seeking the relief.

8. 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
to the building covenanted to be insured which has been
effected by the lessee or mortgagor in respect of his interest
under the lease or in the property or by any person
under him, but not effected in conformity with the covenant,
as he would have from an insureance effected in conformity
with the covenant.

9. Where on the bona fide purchase of a leasehold
under a lease containing a covenant on the part of the lessee
to insure against loss or damage by fire, the purchaser is
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 f 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 any breach of the covenant committed at any
time before the completion of the purchase of which the
purchaser had not notice before the completion of the
purchase; but this provision is not to take away any remedy
which the lessor or his legal representatives may have against
the lessee or his legal representatives for breach of
covenant.

10. Nothing in this Ordinance shallaffect the provisions
of the Crown Rights (Re-entry) Ordinance, 1870.
[Originally No. 11 of 1873. Law Rev. Ord., 1924.] Short title. Restriction on effect of licence to alienate. 22 & 23 Vict.c. 35, s. 1. Restricted operation of partial licence. 22 & 23 Vict.c. 35, s. 2. Apportionment of conditions of re-entry in certain cases. 22 & 23 Vict.c. 35, s. 3. Relief against fofeiture for breach of covenant to insure in certain cases. 22 & 23 Vict.c. 35, s. 4. Record of relief. 22 & 23 Vict.c. 35, s. 5. Restriction on power to relieve. 22 & 23 Vict. 35, s. 6. Lessor or mortgagee to have benefit of informal insureance. 22 & 23 Vict.c. 35, s. 7. Protection of purchaser agianst forfeiture under covenant for insurance against fee in certain cases. 22 & 23 Vict.c. 23 s. 6. Saving of rights of the Crown. Ordinance No. 4 of 1870.

[Originally No. 11 of 1873. Law Rev. Ord., 1924.] Short title. Restriction on effect of licence to alienate. 22 & 23 Vict.c. 35, s. 1. Restricted operation of partial licence. 22 & 23 Vict.c. 35, s. 2. Apportionment of conditions of re-entry in certain cases. 22 & 23 Vict.c. 35, s. 3. Relief against fofeiture for breach of covenant to insure in certain cases. 22 & 23 Vict.c. 35, s. 4. Record of relief. 22 & 23 Vict.c. 35, s. 5. Restriction on power to relieve. 22 & 23 Vict. 35, s. 6. Lessor or mortgagee to have benefit of informal insureance. 22 & 23 Vict.c. 35, s. 7. Protection of purchaser agianst forfeiture under covenant for insurance against fee in certain cases. 22 & 23 Vict.c. 23 s. 6. Saving of rights of the Crown. Ordinance No. 4 of 1870.

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