Copyhold Act 1852

Charge under Act to be a First Charge.

X. Any Charge under this Act shall be a First Charge on such Lands, and shall have Priority over all Mortgages, Charges, and Incumbrances whatsoever affecting such Lands, (except Tithe Commutation Rentcharges, and any Charges or Rentcharges which may have been or shall be charged upon the same Lands for the Drainage thereof by virtue of any of the Statutes in that Behalf,) notwithstanding the actual Priority in point of Date or anterior Title of such Mortgages, Charges, and Incumbrances: Provided always, that, notwithstanding any such Charge, any Monies already invested or any Monies previously secured or charged thereon may be continued on the Security of the same, notwithstanding the Imposition of the said Charge under this Act: Provided also, 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 Persons entitled to such Mortgage, Charge, or Incumbrance.