LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

LAW OF PROPERTY AMENDMENT ORDINANCE, 1873

No. 2 of 1873.

To amend the Law of Property in relation to Covenants and
Conditions in Leases. [23rd September, 1873.]
1. 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 of power reserved in any lease, is given to any
lessee or his assigns every such licence shall,unless otherwise ex-
pressed, 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 assigninent, under-lease, or other matter thereby
specifically authorisod to be done, bot 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 for-
feiture, and re-entry contained in the shall remain in full force
and virtue, and shall be available as against any snbsequent breach
of covenant or condition, assignment, under-lease, or other matter
not specifically authorised or made dispunishable by such licence,
in the same manner as if no such licence bad 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 authorised to be done.

3. Where, in any lease there is a power or condition of re-entry
on assigning, or under-letting, or doing any other specified act
without licence, and a licence 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 bc done without licence, or is given to any
lessee or owner, or lmy one, of several lessnes 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
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 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 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
reservation 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 hap-
pened,and the brearch 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 fit.

6. The Supreme Court, where such relief is granted, shall direct
a record of such relief having been granted to be made by indorse-
ment 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 con-
dition; nor shall it have power to grant any relief where a forfei-

turn under the convenant 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 relating to the

building convented 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 insur-
ance effected in conformity with the covenant.

9. Where, on the bona fide purchase of a leasehold interest
under 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 time of
the completing of 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 convenant 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 rememdy with 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.


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. [ib.s.3.] Relief against forfeiture for breach of covenant to insure in certain cases. [22 & 23 Vict.c. 35 s. 4.] Record of relief. [ib.s.5.] Restriction on power to relieve. [ib.s.6.] Lessor or mortgage to have benefit of informal insurance. [ib.s.7.] Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases. [ib.s.8.] Saving of rights of the Crown. [No. 4 of 1870.]

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. [ib.s.3.] Relief against forfeiture for breach of covenant to insure in certain cases. [22 & 23 Vict.c. 35 s. 4.] Record of relief. [ib.s.5.] Restriction on power to relieve. [ib.s.6.] Lessor or mortgage to have benefit of informal insurance. [ib.s.7.] Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases. [ib.s.8.] Saving of rights of the Crown. [No. 4 of 1870.]

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