Section 137 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 137 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Forms of statutory legal charges. It provides as follows:

(1) As a special form of charge by way of legal mortgage, a mortgage of
freehold or leasehold land may be made by a deed expressed to be made by way of statutory mortgage, being in one of the forms (Nos. 1 or 4) set out in the Fourth
Schedule to this Law, with such variations and additions, if any, as circumstances
may require, and if so made the provisions of this section shall apply thereto.

(2) There shall be deemed to be included, and there shall by virtue of this Law be
implied, in such a mortgage deed First, a covenant with the mortgagee by the person therein expressed to charge as mortgagor to the effect following, namely:

That the mortgagor will, on the stated day, pay to the mortgagee the stated mortgage money, with interest thereon in the meantime at the stated rate, and will thereafter, if and as long as the mortgage money or any part thereof remains unpaid, pay to the mortgagee (as well after as before any judgment is obtained under the mortgage) interest thereon, or on the unpaid part thereof, at the stated rate, by equal half-yearly payments the first thereof to be made at the end of six months from the day stated for payment of the mortgage money:

Secondly, a provision to the following effect (namely):
That if the mortgagor on the stated day pays to the mortgagee the stated mortgage money, with interest thereon in the meantime at the stated rate, the mortgagee at any time thereafter, at the request and cost of the mortgagor, shall discharge the mortgaged property or transfer the benefit of the mortgage as the mortgagor may direct.

This sub-section applies under section 26 of the Conveyancing Act, 1881, to a
mortgage deed made under the corresponding provision of the enactment replaced by this section with a substitution of a reference to “the person therein expressed to convey as mortgagor” for the reference in this sub-section to “the person therein expressed to charge as mortgagor”.