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Corporations, tenants in tail, or other persons having only particular estates, may, with consent of commissioners, mortgage lands through or in which road or bridge is to be constructed for raising the amount of the contribution.
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66. [Recital.] It shall and may be lawful to and for any corporation, lay or ecclesiastical, sole or aggregate, and for the husbands, trustees, committees, or attornies of, or for the owners or proprietors of, or any company or companies, or the directors thereof, for the time being interested in, any part or parts of any lands through or bordering upon which any such road shall pass or be intended to pass, or in which any such bridge shall be constructed or proposed to be constructed, being under coverture, minors, lunatics, or beyond the seas, or otherwise incapable of acting for themselves, and to and for every of them for the time being, and to and for the owners and proprietors of all such lands being tenants in tail or for life, or tenants in tail after possibility of issue extinct, or tenants in dower, and to and for every of them respectively for the time being, with and by the sanction and consent of the commissioners for the execution of this Act first had and obtained, by indenture or indentures under their respective hands and seals from time to time, and to which indenture or indentures one of the said commissioners shall be an executing party for the purpose of signifying such sanction and consent as aforesaid, to charge the said lands with any sum or sums of money which shall or may be advanced or applied by him, her, or them respectively in or towards payment of the said contribution for the making such road or bridge, and, for securing the repayment of such sum or sums of money with interest, to grant, mortgage, lease, or demise, or otherwise subject the said lands unto any person or persons who shall advance and lend such sum or sums of money respectively, either in fee or for any term of years; so as every such grant, mortgage, lease, or demise be made with a proviso or condition to cease and be void, or under an express trust to be surrendered, in case and so soon as the sum or sums of money thereby to be secured, with lawful interest for the same, shall be fully paid and satisfied at a time or times to be appointed in that behalf, and also with a covenant to pay and keep down the interest in the meanwhile; and so as every such grant, mortgage, lease, or demise do also contain a proviso that the person or persons entitled in remainder or reversion to the lands or grounds therein comprised shall not be liable, upon his, her, or their becoming possessed thereof, to the payment of any further or larger arrear of interest than for six months preceding the time that his, her, or their title to such possession shall have commenced; and every such charge, grant, mortgage, lease, or demise as aforesaid shall be good, valid, and effectual in the law for the purposes hereby intended, and shall take priority of all charges and incumbrances whatsoever and whensoever made.
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