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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 118 

Charge to continue on lands not taken.

118. If any such lands be so released from any such charge or incumbrance, or
portion thereof, to which they were subject jointly with other lands, such
last-mentioned lands shall alone be charged with the whole of such charge, or
with the remainder thereof, as the case may be, and the party entitled to the
charge shall have all the same rights and remedies over such last-mentioned
lands, for the whole or for the remainder of the charge, as the case may be,
as he had previously over the whole of the lands subject to such charge; and
if upon any such charge or portion of charge being so released the deed or
instrument creating or transferring such charge be tendered to
the promoters of the undertaking for the purpose, they or two of them shall
subscribe, or if they be a corporation shall affix their common seal to a
memorandum of such release endorsed on such deed or instrument, declaring what
part of the lands originally subject to such charge shall have been purchased
by virtue of the special Act, and if the lands be released from part of such
charge, what proportion of such charge shall have been released, and how much
thereof continues payable, or if the lands so required shall have been
released from the whole of such charge, then that the remaining lands are
thenceforward to remain exclusively charged therewith; and such memorandum
shall be made and executed at the expence of the promoters of the undertaking,
and shall be evidence in all courts and elesewhere of the facts therein
stated, but not so as to exclude any other evidence of the same facts.

And with respect to lands subject to leases:

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© 1845 Crown Copyright

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