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THE HONGKONG GOVERNMENT GAZETTE, 26TH MAY, 1905.
Implied cov- enants:
(a) Quiet enjoyment.
(e) Redemp- tion at end of term.
(4) Notice of intention to redeem.
Effect of
transfer of mortgage.
Leases.
(a.) A covenant that it shall be lawful for the Mort- gagee, as from the date of the mortgage, if not re- ceiving any interest on the mortgage money, to enter iuto possession of the property conveyed and thence- forth to quietly hold, occupy, enjoy and take the same and all benefits and advantages accruing 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 mortgage shall be redeemed.
(b.) A covenant by the Mortgagee with the Mortgagor that the Mortgagee will on demand refund to the Mortgagor all smms paid by the latter on account of any Crown Rent or taxes payable in respect of the property conveyed during the possession of the Mortgagee, and that the Mortgagee will during such possession indemnify the Mortgagor against the non-performance and non-observance of the coven- ants and conditions, so far as they relate to the property conveyed, contained in the Crown Lease Licence or Grant under which such property is held.
(e.) A proviso that on the Mortgagor paying to the Mortgagee the principal money (without interest) and all costs lawfully due to the Mortgagee in respect of the mortgage the Mortgagee will at the request and cost of the Mortgagor release the mort- gaged property to the Mortgagor as in this Ordin- ance is provided.
(d.) A proviso that the Mortgagor shall not be entit- led to redeem the mortgage except on giving six Chinese calendar moutlis' previous notice in writing to the Mortgagee of his intention so to do.
24. A transfer of mortgage made in Form D in the Schedule hereto shall have effect as follows, namely:
(a) There shall be vested in the person to whom the mortgage is expressed to be transferred (hereinafter called "the transferee") the right to demand, sue for, recover and give receipts for the mortgage money or the unpaid part thereof, and interest (if any) due thereon and thenceforth to become due thereon, and the benefit of all securities for the same, and the benefit of and the right to sue on all coven- ants with the Mortgagee and the right to exercise all powers of the Mortgagee.
(b.) All the estate and interest of the Mortgagee in the mortgaged property shall vest in the transferce subject to redemption.
25. In any Lease made in the Form E of the Schedule Implied coys hereto the following covenants by the Lessor and Lessee
shall be implied, namely :-
enants:
(a) To pay. rent and yield up at end of term.
(7) Quiet en- joyment.
(e) Lessor's right to in- spect.
(d) Proviso for re-entry.
(a.) A covenant by the Lessee at all times during the continuance of the Lease to pay the rent at the time, or times, and in the manner in which such rent is stated to be paid in the Lease, and all rates, taxes and assessments payable in respect thereof, except as otherwise expressly stated, and to keep and deliver up the said premises to the Lessor or persons deriving title under him at the expiration or sooner determination of the term or tenancy in good order and condition according to the custom of the country.
(b.) A covenant by the Lessor to permit the Lessee, and those deriving title from or under him, to enter into and upon, or receive, and thenceforth quietly hold and enjoy, or take the subject matter expressed to be leased during the continuance of the term or tenancy, so long as the Lessee shall perform all the covenants, agreements and conditions coutained in such lease and on his part to be observed and performed.
(c.) A reservation for the Lessor at all times in the daytime, by himself or his agents, of the right to enter into and upon the said premises for the pur- pose of inspecting the same.
(d.) A proviso that the Lessor, or person deriving title under bim, may, in the event of the rent or any part thereof being in arrear for the space of 21 days after any of the days when it ought to be paid, or
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