CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 22

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Provision in case

+

of successive

transactions.

6.

3.

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consideration and (save in so far as such agree-

ment or other instrument otherwise provides).

at the cost of the assignee or other the person

lawfully requiring the same the property to which

such assignment relates in the form which would

have been directed by the Court prior to the

Japanese occupation in a successful action for the

specific performance of such an agreement.

(2) Without prejudice to the generality of the

preceding sub-section, unless the Japanese

assignment otherwise provides or the context

thereof otherwise requires, a reference to a

house or building in such an assignment shall

be deemed to include the land enjoyed with such

house or building at the date of the execution

of such assignment, together with all rights,

members, easements or appurtenances belonging

or appertaining to such land, house or building.

(1) Where any property, or part thereof, has

during the Japanese occupation been the subject

matter of successive Japanese assignments, then,

the assignee under the last of such assignments

Lay at his own expense require the assignor on

the first of such assignments to assign and the

assignor on the second and any subsequent assign-

ment to confirm unto the assignee under the last

of such assignments or as he may direct the

property or part thereof, as the case may be,

the subject matter of the last of such assign-

ments.

(2) Where any property was assigned by way of

mortgage before the Japanese occupation and the

mortgage debt has been lawfully discharged, then

if the property has been the subject matter of

i

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