A406
Ord. No. 62/84
CONVEYANCING AND PROPERTY
CONVEYANCING AND PROPERTY
Ord. No. 62/84
A407
PART II
Amendment of
Trustee
Ordinance.
(Cap. 29.)
Amendment of Schedules.
Consequential amendments.
(Cap. 88.)
Repeals.
Fifth Schedule.
(6) This section does not apply to notices served in proceedings in any court or tribunal.
63. Section 15 of the Trustee Ordinance is amended by deleting subsection (2) and substituting the following subsection-
"(2) A receipt in writing for the proceeds of sale or other capital money arising under a trust for sale of land shall be a sufficient discharge if it is signed by the person or persons lawfully executing the conveyance in pursuance of that sale and the person making payment shall not be liable for any loss or misapplication of those proceeds or that money.".
64. The Legislative Council may by resolution amend the First, Second, Third and Fourth Schedules.
65. The Schedule to the Application of English Law Ordinance is amended by deleting items 7, 10, 11, 21 and 32.
66. The Ordinances specified in the first column of the Fifth Schedule are repealed to the extent set out in the second column of that Schedule.
FIRST SCHEDULE
PART I
COVENANTS FOR TITLE IMPLIED IN ANY ASSIGNMENT
OF THE LEGAL ESTATE IN LAND
A.
BY A PERSON WHO ASSIGNS
[s. 35.]
That, in the event of a portion of the Crown rent being apportioned on the land, the assignor shall from the date of the assignment or other date therein stated pay the balance of the Crown rent on the due dates and observe and perform all the covenants (other than the covenant to pay the whole of the Crown rent) agreements and conditions contained in the Crown lease and on the part of the lessee to be observed and performed so far as the same relate to the portion of the land remaining vested in the assignor and shall from the date aforesaid save harmless and keep indemnified the assignee and his estate and effects from and against all proceedings costs claims and expenses on account of any omission to pay the aforesaid balance of the Crown rent or failure to perform and observe any of the said covenants agreements and conditions so far as they relate as aforesaid.
B. BY A PERSON TO WHOM AN ASSIGNMENT IS MADE
That the assignee and any person deriving title under the assignee shall at all times from the date of the assignment or other date therein stated pay the Crown rent or as the case may be the apportioned Crown rent and observe and perform all the covenants (other than the covenant to pay the whole of the Crown rent if the Crown rent has been apportioned) agreements and conditions contained in the Crown lease and on the part of the lessee to be observed and performed so far as the same relate to the land assigned and also will from time to time and at all times from the date aforesaid save harmless and keep indemnified the assignor and his estate and effects from and against all proceedings costs claims and expenses on account of any omission to pay the Crown rent or apportioned Crown rent or any breach of any of the said covenants agreements and conditions so far as the same relate as aforesaid.
COVENANTS FOR TITLE IMPLIED IN AN ASSIGNMENT OF LAND TO A PURCHASER FOR VALUABLE CONSIDERATION BY A PERSON WHO IS EXPRESSED TO ASSIGN AS BENEFICIAL OWNER (THE VENDOR")
That the liability of the vendor in respect of a breach of any of the following covenants shall extend and shall extend only to such a breach arising from anything made, done, executed or omitted, or knowingly suffered-
(a) by the vendor;
(b) by any person through whom the vendor derives title otherwise than by purchase
for value;
(c) by any person assigning by the direction of the vendor;
(d) by any person rightfully claiming through, under or in trust for the vendor or any
person assigning by his direction;
(e) by any person rightfully claiming by, through or under any person (other than in respect of an estate or interest subject to which the assignment is expressly made) through whom the vendor derives title otherwise than by purchase for value. That the Crown lease is good, valid and subsisting.
1.
2.
That-
3.
4.
5.
(a) the premium or other money (if any) and the Crown rent payable under and
reserved by the Crown lease have been paid; and
(b) the covenants, terms and conditions contained in the Crown lease have been
observed and performed.
up to the date of the assignment.
That the vendor now has good right and title to assign the land free from encumbrances save as specified in the assignment and subject to the manner in which the assignment is expressed to be made.
That the land may be quietly entered into and during the residue of the term of years created by the Crown lease (and any renewal thereof) held and enjoyed by the person to whom the assignment is expressed to be made ("the purchaser") and any person deriving title under him without any lawful interruption or disturbance.
That all such lawful acts, assurances and things for further or more perfectly assuring the land and every part thereof to the purchaser and to those deriving title under the purchaser shall, from time to time and at all times at the request and cost of the purchaser or any person deriving title under him, be executed and done (subject to the manner in which the assignment is expressed to be made) as by the purchaser or any such person may be reasonably required.
PART III
COVENANT FOR TITLE IMPLIED IN AN ASSIGNMENT
BY WAY OF VOLUNTARY DISPOSITION BY A PERSON WHO IS EXPRESSED TO ASSIGN AS DONOR
That the donor and any person assigning the land by his direction and any person deriving title under him by deed or act or operation of law in his lifetime subsequent to that assignment, or by testamentary disposition or devolution in law, on his death, shall from time to time after the date of that assignment, at the request and at the cost of the person to whom the land is expressed to be assigned or any person deriving title under such person execute and do all such lawful acts, assurances and things for further or more perfectly assuring the land and every part thereof to the person to whom the land is expressed to be assigned and to those deriving title under him (subject to the manner in which the assignment is expressed to be made) as by him or any such person may be reasonably required.
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