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THE HONGKONG GOVERNMENT GAZETTE, 7TH JULY, 1905.
hereto, and the following covenants and proviso shall be deemed to be included in every such mortgage :—-
Implied eov- enants: (a) To pay. principal and interest.
(by Validity of lease and right to con- rey.
(e) Quiet un- joyment-after cefault.
(4) Further
(e) Mortga- gor to pay rents, &C.
(/) Proviso for redemp- tion.
Chinese
customary mortgage.
Implied cov-
enants :
(a) Quiet enjoyment.
(b) Refund of Crown Kent and indemnity.
(a.) A covenant by the Mortgagor with the Mortgagee 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 thereon by equal monthly payments at the stated rate on the stated day of each mouth.
(b.) A covenant by the Mortgagor with the Mortgagee that the Crown Lease, licence or grant under which the property conveyed is hold is at the date of the Conveyance good valid and subsisting, and that the reut thereby reserved and the Lessee's covenants therein contained have been paid and performed up to the date of the Conveyance; AND that the Mortgagor has at the said date power to assign the property conveyed in manner therein expressed free from incumbrances except as therein mentioned,
(c.). A covenant by the Mortgagor with the Mortgagee that the property conveyed may after default in payment of the monies intended to be secured by the mortgage be quietly entered into held and enjoyed by the Mortgagee without any interruption by any person.
(d.) A covenant by the Mortgagor with the Mort- gagee that the Mortgagor and every person 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 into the Mortgagee as by him shall be reasonably required.
(c.) A covenant by the Mortgagor with the Mort- gagee that the Mortgagor (nutil the Mortgagee enters into possession of the property conveyed) will pay all rents payable in respect of the property conveyed, and will perform and observe 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-payment of the said rent and the non-perfor- mauce and non-observance of the said covenants aud conditions so far as aforesaid.
(f.) A proviso that if the Mortgagor on the stated day pays to the Mortgagee the stated mortgage money with interest in the meantime at the stated rate the Mortgagee will at any time thereafter at the request and cost of the Mortgagor release the property to the Mortgagor as in this Ordinance is provided.
24. In a Conveyance by way of mortgage in Form C in the Schedule hereto there shall be deemed to be included the following further covenants and provisos in addition to the covenants contained in sub-sections (b) and (d) of Section 22 of this Ordinance :--
(4.) A covenant by the Mortgagor with the Mortgagee that it shall be lawful for the Mortgagee, as from the date of the mortgage, if not receiving any interest on the mortgage money, to enter into 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 covenaut by the Mortgages with the Mortgagor that the Mortgagee will on deinaud refund to the Mortgagor all sums 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 Mortgagée will during such possession indemnify the Mortgagor against the
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