TRAMWAYS . [ 6 OF 1883. ] 677
mortgage deed a time shall have been limited for payment of ifcertain cases,
the principal money thereby secured , and under the provisions paid offbefore
hereinbefore contained the mortgagee shall have been required the stipulated
to accept payment of his mortgage money , or of part thereof, time.
at a time earlier than the time so limited , the company shall
pay to such mortyagee, in addition to the sum which shall
have been so paid off, all such costs and expenses as shall be
incurred by such mortgagee in respect of or which shall be
incidental to the re-investment of the sum so paid off, such
costs in case of difference to be taxed , and payment thereof
enforced in the manner herein provided with respect to the
costs of assignments ; and if the rate of interest secured by such
mortgage be higher than at the time of the same being so paid
off can reasonably be expected to be obtained on re -investing
the same, regard being had to the then current rate of interest
allowed by the Court, such mortgagee shall be entitled to
receive from the company, in addition to the principal and
interest herciubefore provided for, compensation in respect of
the loss to be sustained by him by reason of his mortgage
money being so prematurely paid off, the amount of such
compensation to be ascertained, in case of difference, as in other
cases of disputed compensation ; and until payment or tender
of such compensation as aforesaid the coinpany shall not be
entitled , as against such mortgagee, to possession of the
unortgaged lands under the provisions herein before contained .
Provided that the Court or a Judge may order such payment
or tender to be dispensed with if it or he shall think tit so to
do, and such mortgage money and compensation to be paid
into Court, and , on such payment being made, the company
shall be entitled, as against such mortgagee, to possession of
the mortgaged lands under the powers hereinbefore contained .
Rent-charges.
113. If any difference shall arise between the company and release of
lands from
the party entitled to any rent-charge, or chief or other rent, or rent-charges.
other payment or incumbrance not herein before provided for,
upon any of the said lands mentioned in the said schedule D..
and required to be taken for the purposes of this ordinance,
respecting the consideration to be paid for the release of such
lands therefrom , or from the portion thereof affecting the lands
required for the purposes of this ordinance, the same shall be
determined as in other cases of disputed compensation.
114. If part only of the lands charged with any such rent- Release of
part of
charge, chief or other runt, payment or incumbrance,be required pornchauds
from charge.
to be taken for the purposes of this ordinance, the apportionment