THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 28, 1910. 507
into, held and enjoyed by the Mortgagee with- out any interruption by any person.
(d.) A convenant by the Mortgagor with the Mort-
(d) Further gagce that the Mortgagor and every person assurance. claiming any estate or interest in the property conveyed will at all times at the cost of the 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- (e) Mortga-
gagee that the Mortgagor (until the Mortgageo 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 rent 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- gage money with interest in the meantime at tion.
the stated rate the Mortgagee will at any time thereafter at the request and cost of the Mort-
gagor release the property to the Mortgagor as in this Ordinance is provided.
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 (d) of section 37 of this Ordinance :-
(a.) A covenant by the Mortgagor with the Mort- Implied cov- gagee that it shall be lawful for the Mortgagee, enants: as from the date of the mortgage, if not receiv- (a) Quiet ing any interest on the mortgage money, to
enjoyment. enter into possession of the property conveyed and thenceforth to quietly hold, occupy, enjoy and take the same and all benefits and advan- tages aceruiug 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 Mortgagee, and that the Mortgagee will during such posses- sion indemnify the Mortgagor against the non-performance and non-observance of the covenants and conditions, so far as they relato 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 (c) Redemp
Mortgagee the principal money (without inter- tion at end est) and all costs lawfully due to the Mort- of term. gagee in respect of the mortgage the Mort- gagce 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 redeem. to the Mortgagee of his intention so to do.
39. A transfer of mortgage made in Form D in the Effect 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 be transferred
C
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