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 Tights
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 pro-
visions of section 2,5 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 inquisition being taken, or office being found, or
any actual re-entry being made on the premises.

3. Whenever it is necessary 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 breach
of any condition or stipulation of any tenancy thereof, a

This Ordinance is not affected by No. 2 of 1873 [Law of Property
Amendment.]
As amended by No. 32 of -1936 [28.8.36.





memorial of such re-entry, under the hand of the Colonial
Secretary or of any Assistant Colonial Secretary authorized to
sign such memorials by Command of the Governor, may be
registered in the Land Office, and, immediately on the regis-
tration 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 tenements shall ipso facto become thereby
re-vested in the Crown as fully 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, adminis-
trators, or assigns, or, as the case may be, as fully as if the
tenancy had absolutely determined: Provided always that in
case the lessee, , his executors, administrators, and assigns,
disputes or dispute the right of the Crown to re-enter, he or
they may apply by summary petition to the Supreme Court 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 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 pro-
visions of this -Ordinance and subject to all other rights of the
Crown not expressly affected 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, adminis-
trators, 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 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.





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
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, 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 Clerk
of Councils or by the Registrar of the Supreme Court, as the
case may be, 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 sanie 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 arnended by No. 32 oi 1936 [23.8.36.1
12. Nothing in this Ordinance shall be deemed to take
away or affect any other remedies of the Crown for the enforce-
ment of rights of re-entry upon any lands or tenements.

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-FINTRY BY THE CROWN.

Description of the lands and tenements.

Be it remembered that on the day of
......................... 19 the Crown did re-enter
upon the lands, tenements, and premises abo-ye
described for breach of covenant in the Crown lease
thereof (or, as the case may be, for breach of a
condition or stipulation of the tenancy thereof).

Dated the................day of ............., 19
By Command,

(Signed) ...........................
(Assistant) Colonial Secretary.
[Originally No. 12 of 1870. No. 32 of 1936.] Short title. Exercise of right of re-entry by 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 or 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. 32 of 1936.] Short title. Exercise of right of re-entry by 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 or 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/1394

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