CAP. 97]
[s. 37 cont.]
Satisfaction
of mortgage.
New Territories.
or transferring the same to the mortgagee shall be concerned to inquire whether any money remains due under the mortgage.
[45]
38. When all moneys due under or in respect of any mortgage have been paid off or the said mortgage has been Sched. Form F. Otherwise fully satisfied, a receipt by the mortgagee in Form
Receipt in body of deed to be sufficient.
Mortgage to two or more jointly.
Construction of implied covenants.
Covenant to be annexed to estate or interest, etc.
Covenants to extend to successors, etc.
F in the Schedule, when registered by the Land Officer, shall vest in the mortgagor or other persons deriving title by, through or under him the property comprised in such mortgage, freed and absolutely discharged from the said mortgage and all claims and demands in respect thereof. [46]
39. A receipt for any consideration money or other consideration embodied in a deed shall be a sufficient discharge to any person paying the same without any further receipt, and shall in favour of any subsequent purchaser not having notice that the same was not in fact paid or given be sufficient evidence of the payment thereof. [47]
40. Where any mortgage made under this Ordinance is expressed to be made to more persons than one jointly and not in shares, the mortgage money shall be deemed to be owing to such persons on a joint account, and the receipt of the survivor, or his successors or personal representatives, shall be a complete discharge for that amount.
[48]
41. In the construction of a covenant or a proviso, or other provision implied in a deed by virtue of this Ordinance, words importing the singular or plural number or the masculine gender shall be read as also importing the plural or singular number, or the feminine gender, as the case may require.
[49]
42. The benefit of a covenant implied by this Ordinance shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by any person in whom that estate or interest is, for the whole or any part thereof, vested [50]
43. Every covenant, whether expressed or implied, shall be deemed to be made with the covenantee, his successors, executors, administrators and assigns, and shall have effect as if successors, executors, administrators and assigns were expressed.
[51]
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