15218-1910-Ordinances-passed-and-assented-to--Opium-Amendment-No-2--No-33 — Page 9

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 28,

Conveyance to be in prescribed forms.

Sales.

Implied cor-

enants:

(a) Validity of lease,

right to con- vey, further asur nce.

() Par- chaser to pay rents, &c.

Mortgages.

Implied cor- enants: (a) To pay principal and interest.

(b) Validity

of lease and right to cor- vey.

(e) Quiet en- joyment after default.

35. Every Conveyance executed after the coming iuto operation of this Ordinance shall be made according to one of the Forms set out in the Third Schedule to this Ordin- ance with such variations (if any) as circumstances may require. The Land Officer may from time to time prescribe such other forms as he may deem necessary for facilitating dealings with land; such forms shall be published in the Gazette, and shall thereafter be deemed to be included in the said Schedule,

30. A Conveyance on a sale shall be made in Form A in the said Schedule, and the following covenants shall be deemed to be included in every such Conveyance :-

(a.) A covenant by the Vendor with the Purchaser that notwithstanding anything by the Vendor done or knowingly omitted or suffered the Crown Lease, liceuce or grant under which the property couveyed is held is at the date of the Conveyance valid and subsisting; And that the Vendor has at the date of the Conveyance good right to convey the property comprised in the Conveyanco as is in the Conveyance expressed free from incumbrances except as therein men- tioned; And that the Vendor and all persons claiming under or in trust for him will, during the residue of the term of years created by the Crown Lease, licence or grant under which the property conveyed is held, at the request and cost of the Purchaser do all acts and execute and sign all deeds and writings reasonably re- quired for perfecting the Conveyance.

(b.) A covenant by the Purchaser with the Vendor that the Purchaser will during the residue of the term of years created by the Crown Lease, licence or grant under which the property conveyed is held pay all rents payable in res- pect of the property conveyed, and will perform and observe all covenants and conditions so far as they relate to the property conveyed, con- tained in the said Crown Lease, licence or grant, and will indemnify the Vendor against the non-payment of the said rents and the non-performance and non-observance of the said covenants and conditions so far as afore- said.

37. A Conveyance by way of Mortgage (when it is the intention of the parties that the Mortgagee shall not enter into possession until default is made in payment of the mortgage money) shall be made in Form B in the Third Schedule to this Ordinance, and the following covenants and proviso shall be deemed to be included in every such mortgage :-

(a.) A covenant by the Mortgagor with the Mort-

gagee that the Mortgagor will on the stated day pay to the Mortgagee the stated mortgage money, and will, so long as the mortgage money or any part thereof remains due, pay to the Mortgagee interest thercon by equal monthly payments at the stated rate on the stated day of each month.

(b.) A covenant by the Mortgagor with the Mort- gagee that the Crown Lease, licence or grant under which the property conveyed is held is at the date of the Conveyance good, valid and subsisting, and that the rent thereby reserved and the Lessee's covenants therein contained have been paid and performed up to the date of the Conveyance; And the Mortgagor has at the said date power to assign the property conveyed in manuer therein expressed free from incumbrances except as therein men- tioned.

(c.) A covenaut by the Mortgagor with the Mort- gagee that the property conveyed may after default in payment of the monies intended to be secured by the mortgage be quietly entered

1910.