CAP. 256]
Provision in case of successive transactions.
Proceedings
in
relation
to disputes.
Land Transactions (Enemy Occupation).
6. (1) Where any property, or part thereof, has during the Japanese occupation been the subject matter of successive Japanese assignments, then, the assignee under the last of such assignments may at his own expense require the assignor on the last and any prior assignment to confirm unto the assignee under the last of such assignments, or as he may direct, the property or part thereof, as the case may be, the subject matter of the last of such assignments.
(2) Where any property was assigned by way of mortgage before the Japanese occupation and the mortgage debt has been validly discharged, then if the property has been the subject matter of a Japanese assignment or of successive Japanese assignments, the assignee under such assignment or the last of such successive assignments, as the case may be, may require the mortgagee at the expense of such assignee to reassign the property to him or as he may direct.
(3) Any requirement lawfully made under this section may be enforced by action commenced by writ of summons in the original jurisdiction of the court in like manner as if the liability to comply therewith had been included in a contract relating to the property in respect of which such requirement had lawfully been made under this section.
7. (1) If proceedings have been commenced in the original jurisdiction in relation to any dispute or difference between any persons as to the construction or effect of any instrument registered or recorded in the Japanese registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to relate, or as to the form or content of any assignment, reassignment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the court may, on the application of any party to such dispute or difference—
(a) with the written consent of all the parties to such dispute or difference; or
(b) if no defendant to such proceedings has entered an appearance therein; or
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CAP. 256]
Provision in case of successive transactions.
Proceedings
in
relation
to disputes.
Land Transactions (Enemy Occupation).
6. (1) Where any property, or part thereof, has during the Japanese occupation been the subject matter of successive Japanese assignments, then, the assignee under the last of such assignments may at his own expense require the assignor on the last and any prior assignment to confirm unto the assignee under the last of such assignments, or as he may direct, the property or part thereof, as the case may be, the subject matter of the last of such assignments.
(2) Where any property was assigned by way of mortgage before the Japanese occupation and the mortgage debt has been validly discharged, then if the property has been the subject matter of a Japanese assignment or of successive Japanese assignments, the assignee under such assignment or the last of such successive assignments, as the case may be, my require the mortgagee at the expense of such assignee to reassign the property to him or as he may direct.
(3) Any requirement lawfully made under this section. may be enforced by action commenced by writ of summons in the original jurisdiction of the court in like manner as if the liability to comply therewith had been included in a contract relating to the property in respect of which such requirement had lawfully been made under this section.
7. (1) If proceedings have been commenced in the original jurisdiction in relation to any dispute or difference between any persons as to the construction or effect of any instrument registered or recorded in the Japanese registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to relate, or as to the form or content of any assignment, reassignment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the court may, on the application of any party to such dispute or difference--
(a) with the written consent of all the parties to such
dispute or difference; or
(b) if no defendant to such proceedings has entered
an appearance therein; or
104
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