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Amendment of 10 Geo. 4. c. 50. as to sale to copyhold tenant for purpose of enfranchisement.
See 15 & 16 Vict. c. 51. s. 46.
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4. Whenever in pursuance of the Crown Lands Act, 1829, and the Acts amending the same, the freehold of any copyhold or customary tenement, parcel of or holden of any manor belonging to the Crown, or any manorial right, parcel of any manor belonging to the Crown over or in relation to any land, is sold by the Commissioners of Woods to the tenant thereof (whether there has been any conditional surrender or not); the right of any person in to or out of such copyhold or customary tenement or the land subject to such manorial right under any will settlement mortgage or otherwise shall continue to attach upon such tenement or land, in the same manner as if the freehold had been comprised in and had been devised conveyed charged or otherwise disposed of, by the will settlement mortgage or other instrument or disposition, under which such person claims.
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The purchaser in any such case may mortgage the fee simple of such tenement or land to secure the payment of the purchase money and the costs of the purchase and interest thereon to the person advancing the same his executors administrators and assigns, and such mortgage may be made although the purchaser himself advances the money, and such mortgage shall have priority over all mortgages charges and incumbrances whatsoever affecting such land (except tithe commutation rent charge, and any charges or rent charges which either before or after such mortgage are charged upon the same land for the drainage thereof by virtue of any Act of Parliament), and that notwithstanding the actual priority in point of date or anterior title of such mortgages charges and incumbrances; but any such previous mortgage, charge, and incumbrance shall continue notwithstanding the mortgage under this section: Provided that no such charge shall have priority over any mortgage charge or incumbrance which at the time of the passing of this Act may affect the lands enfranchised, without the consent of the Land Commissioners for England.
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