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THE HONGKONG GOVERNMENT GAZETTE, 26TH MAY, 1905.
Mortgagee's receipt a sufficient discharge.
Satisfaction
30. The receipt in writing of a Mortgagee shall be a sufficient discharge for any money arising under the power of sale conferred by this Ordinarice, and no person paying or transferring the same to the Mortgagee shall be con- cerned to enquire whether any money remains due under the mortgage.
31. Where all moneys due under or in respect of any of mortgage. mortgage have been paid off or the said mortgage has been otherwise fully satisfied a receipt by the Mortgagee in the Form F in the Schedule hereto, endorsed on the mortgage, and signed in the presence of and attested by the Land Officer, shall vest in the Mortgagor or other persous deriving title by, through or under him, the property comprised in such mortgage, freed and absolutely discharged from the said mortgage and all claims and demand in respect thereof.
Receipt in body of deed to be sufficient.
Mortgage to two or more jointly.
Construction of implied covenants.
Covenant to be annexed to estate.
Covenants to extend to
successors,
&c.
Implied cov enant may be varied.
Provision for
ke.
32. A reecipt for any consideration money or other consideration embodied in a deed shall be a sufficient discharge to any person paying the same without any further receipt, and shall in favor of any subsequent purchaser not having notice that the same was not in fact paid or given be sufficient evidence of the payment thereof.
33. Where any mortgage made under this Ordinance is expressed to be made to more persons than one jointly and not in shares, the mortgage money shall be deemed to be owing to such persous ou a joint account, and the receipt of the survivor, or his or her successors or personal repre- sentatives, shall be a complete discharge for that amount.
34. In the construction of a covenant, or a proviso, or other provision implied in a deed by virtue of this Ordinance words importing the singular or plural number or the masculine gender shall be read as also importing the plural or singular number, or the feminine gender, as the case may require.
35. The benefit of a covenant implied by this Ordinance shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by any person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.
36. Every covenant, whether expressed or implied, shall be deemed to be made with the covenantee, his successors, executors, administrators and assigns, and shall have effect as if successors, executors, administrators and assigns were expressed.
37. Any covenant or provision implied by this Ordinance may be varied or extended by deed, and as so varied and extended shall as far as may be operate in the like manner and with all the like incidents, effects and consequences as if such variations and extensions were directed in this Ordinance to be implied.
38. Every Conveyance, except a Conveyance by way of all the estate. lease, shall by virtue of this Ordinance be effectual to pass all the estate, right, title, interest, claim aud demand which the conveying parties respectively have in, or to, or on the property so conveyed or expressed or intended to be so conveyed, or which they respectively have power to con- vey in, or to, or on the same.
Power for
make regul- ations.
39. It shall be lawful for the Governor-in-Council from Governor-in- time to time as he may think fit to make regulations for Council to the purposes of this Ordinance, and particularly of fixing the fees to be paid thereunder and of providing for the recovery of Crown rent by distraint or other proceedings. The said regulations shall be published in the Gazette in both the English and Chinese Languages, and shall there- upon be as valid as if inserted in this Ordinance.
Recovery of fees.
Certified copies
40. Any fees payable in virtue of any regulation made under this Ordinance shall be recoverable in a summary way before a Magistrate.
41. A copy of or extract from any document in the custody of the Land Officer shall, if certified by the Land Officer to be correct, be admissible in evidence in all in evidence. Courts to the same extent as the original document would
receivable
Ordinance not to affect Crown, &c..
be admissible.
42. Nothing in this Ordinance shall be deemed to affect the interests of the Crown, or to confer a larger right in relation to any land than is granted in the Crown Lease, Grant or Licence whereunder the said Land is held; and no liability shall attach to the Land Officer, or to the Government of the Colony,.
,.or to the Crown, in respect of any act done, or entry made by such Land Officer in the course of his duty.
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