CROWN RIGHTS (RE-ENTRY) ORDINANCE, 1870

CROWN RIGHTS (RE-ENTRY) ORDINANCE, 1870

No. 4 of 1870.

To make provision for the enforcement of rights of re-entry by
the Grown and for the granting of Relief against Forfeiture.
[26th Angnst, 1870.]
WHEREAS it is expedient to extend to this Colony the provision of
section 25 nf tho 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. 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, a memorial of such re-entry,
under the hand of the Governor and the public seal, may be regis-
tered 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 accured, and the said lands and tenements






shall ipso facto become thereby re-vested hi. the Crown as fully as
if the Crown lease thereof had determined, or a surrender to Ilis
Majesty of such Crown lease had been executed by the lessee, his
executors,administrators,or assigns: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 Suprerne Court in its equitable jurisdic-
tion, for relief against such re-entry.

4, In every case of re-entry by the Crown for breach of covenant
in a Crown lease, the lessee, his executors, administrators, or assigns,
may, within such period as is hereinafter mentioned, petition the
Governor to grant him or them relief against the forfeiture of the
Crown lease by reason of such breach of covenant.

5. It shall be lawful for the Govenor-in-Council on such petition
to grant the relief asked for, but in case he does riot think fit to do
so,or in case he desires that the matter be dealt with by a Court
of Law, the petition,unless previously withdrawn, shall be referred
to the Supreme Court in its equitable jurisdiction.
6. No such petition shall be entertained by the Governor-in-
Council or by the Supreme Court,unless it has been presented
within 12 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.

7. On the hearing before the Supreme Court of any such petition
the Attorney General shall appear as respondent there to on behalf
of the Crown,and the proceedings shall be the same as upon an
ordinary petition in the Court,unless the Court otherwise direcrs,
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,and,in any case where the right
of re-entry is in disputy,to apply the provisions of the Code of Civil
Procedure and generally to grant such relief and make such decree
or order upon such petition as the justice of the case may require.
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 og any such petition,may order the
cancellation of the memorial of re-entry upon the lands and tene-
ments 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 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 in the lessee,his executors,adminis-
trators,and assigns,for all his or theor previous estate and interest
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 required.
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.
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 tenements.

SCHEDULE. [s.10.]
MEMORIAL OF RE- ENTRY BY THE COLONY.
Short title. Exercise of right of re-entry by the Crown. [22 & 23 Vict.c.21 s. 25.] Memorial at re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition to the Supreme Court. Time limited for presenting petition. Proceedings on petition. [cf. No. 3 of 1901.] Power to order cancellation of re-entry. Cancellation or memorial of re-entry. Form of memorial of re-entry. Notice of registration of memorial. Saving of other remedies of the Crown.

Short title. Exercise of right of re-entry by the Crown. [22 & 23 Vict.c.21 s. 25.] Memorial at re-entry. Petition to Governor by lessee for relief against forfeiture. Referring of petition to the Supreme Court. Time limited for presenting petition. Proceedings on petition. [cf. No. 3 of 1901.] Power to order cancellation of re-entry. Cancellation or memorial of re-entry. Form of memorial of re-entry. Notice of registration of memorial. Saving of other remedies of the Crown.

https://oelawhk.lib.hku.hk/items/show/791

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