Mortgages.

Arrears of Interest, when to be enforced by Appointment

pay off the whole of the same Class, they shall decide the Order in which they shall be paid off by Lot among the Class to which such One or more of the Mortgages or Assignations in Security belong, and shall cause a Notice, signed by their Clerk, to be given to the Persons entitled to the Money to be paid off, pursuant to such Lot, and such Notice shall express the Principal Sum proposed to be paid off, and that the same will be paid, together with the Interest due thereon, at a Place to be specified, at the Expiration of Six Months from the Date of giving such Notice.

LXXXVI. Where by the special Act the Mortgagees or Assignees in Security of the Commissioners are empowered to enforce the Payment of the Arrears of Interest, or the Arrears of a Receiver. of Principal and Interest, due to them, by the Appointment of a Receiver, then, if within Thirty Days after the Interest accruing upon any such Mortgage or Assignation in Security has become payable, and, after Demand thereof in Writing, the same be not paid, the Mortgagee or Assignee in Security may, without Prejudice to his Right to sue for the Interest so in arrear in any of the Superior Courts, require the Appointment of a Receiver, by an Application to be made as herein-after provided; and if within Six Months after the Principal Money owing upon any such Mortgage or Assignation in Security has become payable, and after Demand thereof in Writing the same be not paid, together with all Interest due in respect thereof, the Mortgagee or Assignee in Security, without Prejudice to his Right to sue for such Principal Money, together with all Arrears of Interest, in any of the Superior Courts, may, if his Debt amount to the prescribed Sum, alone, or if his Debt do not amount to the prescribed Sum he may in conjunction with other Mortgagees or Assignees in Security, whose Debts being so in arrear, after Demand as aforesaid, together with his amount to the prescribed Sum, require the Appointment of a Receiver, by an Application to be made as herein-after provided.

Arrears of
Principal and
Interest.

As to the Appointment of Receiver.

LXXXVII. Every Application for a Receiver in the Cases aforesaid shall in England or Ireland be made to Two Justices, and in Scotland to the Sheriff, and on any such Application such Justices or Sheriff may, by Order in Writing, after hearing the Parties, appoint some Person to receive the whole or a competent Part of the Rates or Sums liable to the Payment of such Interest, or such Principal and Interest, as the Case may be, until such Interest, or until such Principal and Interest, as the Case may be, together with all Costs, including the Charges of receiving the Rates or Sums aforesaid, be fully paid; and upon such Appointment being made all such Rates and Sums of Money as aforesaid, or such Part thereof as may be ordered by the said Justices or Sheriff, shall be paid to the Person so to be appointed, and the Money so paid shall be so much Money received by or to the Use of the Party to whom such Interest, or such Principal and Interest, as the Case may be, shall be then due, and on whose Behalf such Receiver shall have been appointed, and after such Interest and Costs, or such Principal,

Interest,

Interest, and Costs, have been so received, the Power of such
Receiver shall cease.

Mortgages.

LXXXVIII. The Books of Account of the Commissioners Account Books shall be open at all seasonable Times to the Inspection of the to be open to the Inspection respective Mortgagees or Assignees in Security of the Commis- of Mortgagees. sioners, with Liberty to take Extracts therefrom without Fee

or Reward.

And with respect to the Accounts to be kept by the Com- Accounts. missioners, be it enacted as follows:

and Disburse

LXXXIX. The Commissioners shall cause Books to be pro- Accounts to be vided and kept, and true and regular Accounts to be entered kept of Receipts therein of all Sums of Money received and paid for and on ments, which account of this and the special Act, and of the several Purposes shall be open for which such Sums of Money shall have been received and for Inspection. paid, which Books shall at all reasonable Times be open to the Inspection of any of the Commissioners, and any Mortgagee, Assignee in Security, or other Creditor of the Commissioners, without Fee or Reward, and the Commissioners and Persons aforesaid, or any of them, may take Copies of or Extracts from the said Books, without paying any thing for the same; and any Penalty for Clerk or other Person having the Custody of the said Books who shall not on any reasonable Demand of any Commissioner, Mortgagee, or Creditor as aforesaid permit him to inspect the said Books, or to take such Copies or Extracts as aforesaid, shall be liable to a Penalty of Five Pounds for every such Offence.

Refusal.

XC. The Commissioners shall cause their Accounts to be Statement of balanced in each Year to a Period not less than One Month Accounts to be prepared, and before the annual General Meeting at which they are to be to be open for produced, as after mentioned; and Fourteen Days at the least Inspection. before such Meeting the Commissioners shall cause a full and true Statement and Account to be drawn out of the Amount of all Rates or Assessments made, and of all Contracts entered into, and of all Monies received and expended by virtue of this or the special Act during the preceding Year, and also of all Debts then owing by the Commissioners, and they shall cause such Statement and Account to be printed, and shall allow the same to remain for Inspection at the Office of the Commissioners; and every Creditor on the Rates and Assessments by this or the special Act, or any Act incorporated therewith, authorized to be made, and every Person paying any such Rate or Assessment, or any Person acting on behalf of any such Creditor or Rate-payer, may, at all reasonable Times, inspect such Statement and Account, and compare the same with the Books and Documents relating thereto in the Possession of the Commissioners; and the Clerk shall, on Demand, furnish a Copies of such printed Copy of the said Statement and Account to every such Statement to be Creditor and Rate-payer without Fee; and Fourteen Days at the least before to the Meeting for examining and settling such Account the Commissioners shall give public Notice of such intended Meeting, stating in such Notice that the said State

02

ment

furnished.

Accounts.

Accounts to be examined and

settled at the

ment and Account are printed, and lie at the Office of the Commissioners ready for the Inspection of the Creditors and Rate-payers or other Parties interested.

XCI. The Accounts of the Commissioners, so balanced as aforesaid, together with the said Statement and Account, shall annual Meeting. be produced at the annual Meeting of the Commissioners, or at some Adjournment thereof, at which Meeting all Creditors and Rate-payers and other Persons interested may be present, and the Accounts shall be then finally examined and settled by the Commissioners, and if the same be found just and true they shall be allowed by the Commissioners, and certified accordingly under the Hand of the Chairman of such Meeting; and after such Accounts have been so allowed and signed by such Chairman, and also by the Auditors as herein-after provided, the same shall be final in regard to all Persons whomsoever, unless an Appeal be prosecuted against such Accounts as herein-after provided.

Auditors to be appointed.

Auditors.

XCII. Except in the Cases where by the special Act Provision is made for the Appointment of a permanent Auditor, and such Auditor shall have been appointed accordingly, the Ratepayers present at the said annual Meeting may appoint Two or more Persons not being Commissioners to be Auditors of the Accounts of the Commissioners; and if no other Person present at such Meeting propose the Names of Two Persons to be appointed Auditors by such Meeting, it shall be the Duty of the Chairman of the Meeting to propose the Names of Two Persons Qualification of to be so appointed; and the Persons so to be appointed Auditors shall have the like Qualification, and shall be subject to the like Disqualification or Disability, as the Commissioners; and before entering on their Office they shall make and sign before a Justice or the Sheriff a solemn Declaration of the like Purport and Effect to that hereby required to be signed by the Commissioners; and the Auditors so appointed shall receive a reasonable Remuneration for their Time and Trouble, not exceeding Two Guineas each for every Day they shall be fully employed on such Audit, and all such Expences as they shall be put unto attending the auditing of the said Accounts; and if any Dispute arise as to the Amount of the Remuneration and Expences to be paid to such Auditors, it shall in England or Ireland be settled by Two Justices, and in Scotland by the Sheriff.

Auditors to inspect Ac

counts, and may

Part of the same, if they think fit.

XCIII. The Auditors so nominated, or the said permanent Auditor, if any shall have been appointed as aforesaid, shall appeal against attend, as soon as conveniently may be after the said annual Meeting, at the Office of the Commissioners, or at some other convenient Place to be appointed by the Commissioners, and from Time to Time shall, in the Presence of the Clerk to the Commissioners if he desire to be present, proceed to audit the Accounts of the Commissioners for the Year preceding the said annual Meeting; and the Commissioners shall by their Clerk produce and lay before such Auditors the Accounts so allowed and certified as aforesaid, together with the Statement

and

and Account herein-before mentioned, accompanied with proper Vouchers in support of the same, and all Books, Papers, and Writings in their Custody or Power relating thereto; and any Person interested in the said Account, either as a Creditor of the Commissioners or as a Rate-payer, may be present at the Audit of the said Accounts by himself or his Agent, and may make any Objection to any Part of such Account; and if the said Accounts be found correct such Auditors shall sign the same in token of their Allowance thereof, but if such Auditors think there is just Cause to disapprove of any Part of the said Accounts, they or any other Person interested in the said Accounts as aforesaid may appeal against any such Parts of the said Accounts as shall be so disapproved of to one of the Two next Quarter Sessions in England or Ireland, and to the Sheriff in Scotland, Notice in Writing of such Appeal being given to the Clerk of the Commissioners Fourteen Days at the least before the Hearing of such Appeal.

Accounts.

The Court may order Payment

of the Costs of

XCIV. Upon the Hearing of any such Appeal the Justices or the Sheriff may make such Order as they or he think fit respecting the Payment of the Costs of the Appellant out of the the Appeal. Monies coming to the Hands of the Commissioners under the special Act or otherwise, as they or he think fit, and such Order shall be final.

made up and

open to Inspec

XCV. The Commissioners shall every Year cause an annual Annual AcAccount in abstract to be prepared, showing the total Receipt count to be and Expenditure of all Funds levied by virtue of this and the transmitted to special Act, and any Act incorporated therewith, for the Year the Clerk of ending on the Day down to which their Accounts shall have the Peace in England or been made up for the said annual Meeting, or some other con- Ireland, or to venient Day in each Year, under the several distinct Heads of the Sheriff Receipt and Expenditure, with a Statement of the Balance of Clerk in Scotsuch Account, duly audited and certified by the Chairman of the land, and to be Commissioners and also by the Auditors thereof, and shall, if tion. the Undertaking is situated in England or Ireland, send a Copy of the said Account free of Charge to the Clerk of the Peace for the County where the Undertaking is situate, and if the Undertaking is situated in Scotland shall send such Copy to the Sheriff Clerk of such County, on or before the Thirty-first Day of January then next, or within One Month after the same has been duly audited, which Account shall be open to the Inspection of the Public at all reasonable Hours, on Payment of the Sum of One Shilling for every such Inspection; and if the Commissioners shall omit to prepare and transmit such Account as aforesaid, they shall be liable for every such Omission to a Penalty of Twenty Pounds.

And with respect to the making of Bye Laws, be it enacted as follows:

Bye Laws.

Power to make

Bye Laws for

XCVI. The Commissioners may from Time to Time make such Bye Laws as they think fit, for the Purpose of regulating regulating the the Conduct of the Officers and Servants of the Commissioners, Officers, &c. of and for providing for the due Management of the Affairs of the the Commis

O 3

Conduct of the

Com- sioners.

Bye Laws.

Fines for Breach of such Bye Laws.

Bye Laws to be so framed as that Penalties may be mitigated.

Notices.

Service of No

missioners.

10 VICT. Commissioners, and may from Time to Time alter or repeal any such Bye Laws and make others, provided such Bye Laws be not repugnant to the Laws of that Part of the United Kingdom where the same are to have effect, or to the Provisions of this or the special Act; and such Bye Laws shall be reduced into Writing, and shall have affixed thereto the Common Seal of the Commissioners, where the Commissioners are a Body Corporate, or shall be signed by the Commissioners, or any Two of them, where they are not a Body Corporate; and a Copy of such Bye Laws shall be given to every Officer and Servant of the Commissioners affected thereby.

XCVII. The Commissioners may by such Bye Laws impose such reasonable Penalties upon all Persons, being Officers or Servants of the Commissioners, offending against such Bye Laws as the Commissioners think fit, not exceeding Five Pounds for any One Offence.

XCVIII. All the Bye Laws to be made by the Commissioners shall be so framed as to allow the Justice or the Sheriff before whom any Penalty imposed thereby may be sought to be recovered to order a Part only of such Penalty to be paid, if such Justice or Sheriff think fit.

And with respect to giving Notices and Orders, be it enacted as follows:

XCIX. Any Summons or Notice, or any Writ or other tices upon Com- Proceeding at Law or in Equity, requiring to be served upon the Commissioners, may be served by the same being left at or sent through the Post Office directed to the Commissioners, at their principal Office, or one of their principal Offices where there shall be more than One, or by being given personally to the Clerk, or in case there be no Clerk, then by being given to any One Commissioner.

Notices by

C. All Notices required by this or the special Act, or any Advertisement. Act incorporated therewith, to be given by Advertisement, shall be advertised in the prescribed Newspaper, or if no Newspaper be prescribed, or if the prescribed Newspaper cease to be published, in a Newspaper circulating in the District within which the Undertaking shall be situated.

Authentication of Notices and Orders.

Proof of Debts in Bankruptcy.

CI. Every Order, Summons, Notice, or other such Document requiring Authentication by the Commissioners shall be sufficiently authenticated if signed by Two Commissioners, or by the Clerk of the Commissioners, and it need not be under the Common Seal of the Commissioners, although they be incorporated, and the same may be in Writing or in Print, or partly in Writing and partly in Print.

CII. And with respect to the Proof of Debts in Bankruptcy or Insolvency, be it enacted, That if any Person against whom the Commissioners have any Claim or Demand become bankrupt, or take the Benefit of any Act for the Relief of Insolvent Debtors, the Clerk or Treasurer of the Commissioners, in all Proceedings against the Estate of such Bankrupt or Insolvent, or under any Fiat, Sequestration, or Act of Insolvency against such