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Protection of landlords in fiduciary capacities.
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44.—(1) Where the landlord of a tenement is a person entitled to receive the rents and profits of such tenement as trustee or in any character otherwise than for his own benefit and money is payable by such landlord to the tenant of such tenement in respect of compensation under this Act or in respect of costs, charges, or expenses in relation to such compensation, the following provisions shall have effect, that is to say:—
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(a) such money shall not be recoverable personally against such landlord nor shall he be under any liability to pay such money, but such money shall be a charge on and recoverable only against such tenement and all property, real or personal, held by the landlord on the same trusts or in the same character as such tenement;
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(b) such landlord shall, either before or after having paid such money to such tenant, be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by him on the same trusts or in the same character as such tenement to the amount of such money and of all costs properly incurred by him in obtaining such charge or raising the amount thereof;
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(c) if such landlord neglects or fails to pay such money to such tenant within one month after such tenant has quitted such tenement, such tenant shall be entitled to obtain from the Court a charge on such tenement and all property, real or personal, held by such landlord on the same trusts or in the same character as such tenement to the amount of such moneys or of so much thereof as is then unpaid and of all costs properly incurred by him in obtaining such charge or in raising the amount thereof.
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(2) Any company now or hereafter incorporated by statute and having power to advance money for the improvement of land may take an assignment of any charge made by the Court under this section, and such company may assign any such charge so assigned to them to any person or persons whatsoever.
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