LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

No. 2 of 1873.
AnOrdinance. 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 ot his assigns, every such 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 actual assignment,
underlease, or other matter thereby specifically authorized to
be done, but not so as to. prevent any proceeding for any
subsequent breach (unless otherwise specified in such licence)
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 available as against any subsequent breach
of covenant or condition, assignment, underlease, or other
matter not specifically authorized 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
respect of the particular matter authorized to be done.

3. Where in any lease there is a power or condition of
re-entry on assigning, or underletting, or doing any other
specified act without licence, and a lic ' ence is given to one of
several lessees or co-owners to assign or underlet his share or
interest or to do any other act prohibited to be done without
licence, or is given to any lessee or owner, or any one of several
lessees or owners, to assign or underlet part only of the property
or to do any other such act as aforesaid in respect of part only
of the property, such licence sli.all not operate to. destroy or
extinguish the right of re-entry in case of any breach oi the
covenant or condition by the 'co-lessee or 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 reversion 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 apportioned
rent or other reservation allotted or belonging to him, have and
be entitled to the benerit of all conditions or powers of re-entry
for non-payment of the origina * 1 rent or other reservation, in
like manner as if such conditions or nowers had been reserved
to him 'as incident to his part of the reversion in respect
of the apportioned rent or other reservation allotted or belonging
to him.

5. The Suprerne Court shall have power to relieve against
a forfeiture for breach of a covenant or condition to insure
against !oss or damage by fire, where no loss or damage by fire
has happened, and the breach has, in the opinion of the court,*
been committed. through accident or mistake or otherwise 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 fi t.

6. The Supreme Court, 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 inore 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
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same advanta-e from any then subsisting insurance relating
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 claiming under
him, but not effected in conformity with the covenant, as he
would have from an insurance effected in conformity with the
covenant.

9. Where, on the bond fide purchase of a leasehold interest
tinder a lease containing a covenant on the part of the lessee
to insure against loss or damage by fire, the purchaser is
furnished 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 tinie of the completion of the purchase an insurance in
conformity with the covenant, the purchaser or any person claim-
ing 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 shall affect the provisions of
the Crown Rights (Re-entry) Ordinance, 1870.
[Originally No. 11 of 1873.] 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 forfeiture for breach of convenant 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. c. 35, s. 6. Lessor or mortgagee to have benefit of informal insurance. 22 & 23 Vict. c. 35, s. 7. Protection of purchaser against forfeiture under convenant for insurance against fire in certain cases. 22 & 23 Vict. C. 23 , s. 8. Saving of rights of the Crown. Ordinance No. 4 of 1870.

[Originally No. 11 of 1873.] 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 forfeiture for breach of convenant 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. c. 35, s. 6. Lessor or mortgagee to have benefit of informal insurance. 22 & 23 Vict. c. 35, s. 7. Protection of purchaser against forfeiture under convenant for insurance against fire in certain cases. 22 & 23 Vict. C. 23 , s. 8. Saving of rights of the Crown. Ordinance No. 4 of 1870.

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