CROWN RIGHTS (RE-ENTRY) ORDINANCE

CROWN RIGHTS (RE-ENTRY) ORDINANCE

CHAPTER 126.

CROWN RIGHTS (RE-ENTRY).

To make Provision for the enforcement of rights of re-enirll by the
Crown ancl for the granting (if relief against forfeiture.

[26th August, 1870.1

WHEREAS it is expedient to extend to this Colony the provisions of
section 25 of the Queen's Remembrancer Act, 1859, 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.

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 memorial of such re-entry, under
the hand of any officer authorized to sign such memorials by Command
of the Governor, 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 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, administrators, 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 provisions 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 anv 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 frorn 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.On the hearing before the Supreme Court of any
such petition the Attorney General shall appear as respondent
thereto on behalf of the Crown, aiid 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. 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.A memorial of re-entry by the Crown shall be

deemed to, have been cancelled if a memorandum, signed
by the Land Officer to the effect that the memorial is
cancelled by order of the Governor in Council or of the
Supreme Court, is written or indorsed thereon, and, imme-
diately on such cancellation, the memorial shall become void
to all intents and purposes as if the same had never been
made or registered, and the lands and tenements described
therein shall be ipso facto re-vested iii tile lessee his execu-
tors, administrators, and assigns, for all his or their pre-
vious 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.

9.Notice of the registration of a memorial of re-entry
by the Crown and of any cancellation thereof shall be
published in the Gazette.

10. 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 tenements


11. 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.
Originally 12 of 1870. Fraser 4 of 1870. 24 of 1950. Short title. Exercise of right of re-entry by the Crown. 22 & 23 Vict, c. 21, s. 25. Memorial of re-entry. 24 of 1950, Schedule. 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. 24 of 1950, 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 12 of 1870. Fraser 4 of 1870. 24 of 1950. Short title. Exercise of right of re-entry by the Crown. 22 & 23 Vict, c. 21, s. 25. Memorial of re-entry. 24 of 1950, Schedule. 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. 24 of 1950, 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/1886

1950

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