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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 108

Power to redeem mortgages.

108. It shall be lawful for the promoters of the undertaking to purchase or
redeem the interest of the mortgagee of any such lands which may be required
for the purposes of the special Act, and that whether they shall have
previously purchased the equity of redemption of such lands or not, and
whether the mortgagee thereof be entitled thereto in his own right or in trust
for any other party, and whether he be in possession of such lands by virtue
of such mortgage or not, and whether such mortgage affect such lands solely,
or jointly with any other lands not required for the purposes of the special
Act; and in order thereto the promoters of the undertaking may pay or tender
to such mortgagee the principal and interest due on such mortgage, together
with his costs and charges, if any, and also six months additional interest,
and thereupon such mortgagee shall immediately convey his interest in the
lands comprised in such mortgage to the promoters of the undertaking, or as
they shall direct; or the promoters of the undertaking may give notice in
writing to such mortgagee that they will pay off the principal and interest
due on such mortgage at the end of six months, computed from the day of giving
such notice; and if they shall have given any such notice, or if the party
entitled to the equity of redemption of any such lands shall have given six
months notice of his intention to redeem the same, then at the expiration of
either of such notices, or at any intermediate period, upon payment or tender
by the promoters of the undertaking to the mortgagee of the principal money
due on such mortgage, and the interest which would become due at the end of
six months from the time of giving either of such notices, together with his
costs and expences, if any, such mortgagee shall convey or release his
interest in the lands comprised in such mortgage to
the promoters of the undertaking, or as they shall direct.

© 1845 Crown Copyright

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