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Section 60 Charges to be personal property, but money to be invested on real security may be invested on mortgages.C1

Every charge under this Act shall, as regards the holder thereof, be deemed to be personal property, except that any holder of such a charge, who shall desire to extinguish the same by reuniting it to the land charged, shall have power for that purpose to direct by any deed that it shall be reunited to and merge in the beneficial interest in the said land, as if it were of the same nature and tenure therewith; but all trustees, directors, and other persons who may be directed or authorized to invest any money on real security shall (unless the contrary be provided by the instrument directing or authorizing such investment) have power, at their discretion, to invest money in such charges, or on mortgages thereof.

Annotations

Modifications

C1

S. 60 repealed as to trustees (E.W.) by Trustee Act 1893 (c. 53), Sch. and (S.) by Trusts (Scotland) Act 1921 (c. 58), Sch. C

Notes on the whole Act

Textual amendments

F1

Act repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2