585
P
Mortgagor execute and do all such assurances and things for further or better assuring all or any of the property conveyed unto the Mort- gagee as by him shall be reasonably required.
(e.) A covenant by the Mortgagor with the Mort- () Mortga-
gague that the Mortgagor (until the Mortgagee gor to pay enters into possession of the property conveyed) rents, &c. will pay all rents payable in respect of the property conveyed, and will perform and ob- serve all covenants and conditions, so far as they relate to the property conveyed, contained in the Crown Lease, licence or grant under which the property conveyed is held, and will indemnify the Mortgagee against the non-pay- ment of the said reat and the non-performance and non-observance of the said covenants and conditions so far as aforesaid.
(f.) A proviso that if the Mortgagor on the stated (ƒ) Proviso
day pays to the Mortgagee the stated mort-
for redemp tion. gage money with interest in the meantime at the stated rate the Mortgagee will at any time thereafter at the request and cost of the gagor release the property to the Mortgagor as in this Ordinance is provided.
ort-
38. In a Conveyance by way of mortgage in Form C Chinese in the Third Schedule to this Ordinance there shall be customary
deemed to be included the following further covenants and mortgage. provisos in addition to the covenants contained in sub- sections (6) and (ɗ) of section 36 of this Ordinance :
(2.) A covenant by the Mortgagor with the Mort- Implied cor-
gages that it shall be lawful for the Mortgagee, (Quiet
enants:
as from the date of the mortgage, if not receiv» enjoyment. ing any interest on the mortgage money, to enter into possession of the property conveyed and thenceforth to quietly hold, occupy, enjoy and take the same and all benefits and advan- tages aceruing in respect thereof without in any way accounting to any person whatsoever in respect thereof, and without any interruption by any person until the time when such mort- gage shall be redeemed.
(b.) A covenant by the Mortgagee with the Mort- (b) Refund
gagor that the Mortgagee will on demand of Crown refund to the Mortgagor all sums paid by the Rent and latter on account of any Crown Rent or taxes
indemnity. payable in respect of the property conveyed during the possession of the Morgagee, and that the Mortgagee will during such posses- sion indemnify the Mortgagor against the non-perfo mance and non-observance of the covenants and conditions, so far as they relate to the property conveyed, contained in the Crown Lease, licence or grant under which such property is held.
(c.) A proviso that on the Mortgagor paying to the (2) Redemp-
Mortgagee the principal money (without inter- tion at end est) and all costs lawfully due to the Mort- of term. gagce in respect of the mortgage the Mort- gagee will at the request and cost of the Mort- gagor release the mortgaged property to the
Mortgagor as in this Ordinance is provided,
(d.) A proviso that the Mortgagor shall not be (d) Notice of
entitled to redeem the mortgage except on intention to giving three months' previous notice in writing
to the Mortgagee of his intention so to do,
redeem.
39. A transfer of mortgage made in Form D in the Fffect of Third Schedule to this Ordinance shall have effect as transfer of follows, namely :-
mortgage.
(a.) There shall be vested in the person to whom the mortgage is expressed to Le transferred (hereinafter called the transferee") the right to deman, sue for, recover and give receipts for the mortgage money or the unpaid part thereof, and interest (if any) due thereon and thenceforth to become due thereon, and the