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Case where incumbrance is charged on several estates.
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12. In any case in which, upon the sale of a holding under the said Act, any moneys, being the proceeds of such sale, coming to an incumbrancer upon such holding in respect of his incumbrance, are applied by him for the purposes of a guarantee deposit under the said Act, then if such incumbrance affect not only the said holding but also other lands the Commission may by order declare that such incumbrance shall, to the extent of the moneys so applied as a guarantee deposit, continue to be a charge upon such other lands in the same priority as it possessed before such sale; provided, however, that such order shall not be made unless the Commission be satisfied that all persons in whom incumbrances upon such other lands puisne to the said incumbrance are vested, consent thereto, and for the purposes of this section, all such persons, whether the incumbrances be vested in them as trustees or otherwise, may give such consent.
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Provided also, that the Commission may, by the same or any other order, dispense with the consent of any such person or persons in any case in which, having due regard to the rights and interests of all parties concerned, it shall appear to them expedient to do so.
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