the Highways] of the said Parish, in and by a Rate made on at E.F. and G.H., Esquires, Two of Her Majesty's Justices of the Peace in and for the said County [or the said Churchwardens and Overseers, or Surveyors, by C.D., One of the said Overseers, or Surveyors, appeared before E.F. and G.H., Esquires, Two of Her Majesty's Justices of the Peace in and for the said County; but the said A. B., although duly called, did not appear by himself, his Counsel or Attorney, and it was then satisfactorily proved to the said Justices that the said A.B. had been duly served with the Summons in that Behalf, which required him to be and appear there at that Day before such Two or more Justices of the Peace as should then be there, to answer the said Complaint, and to be further dealt with according to Law]; and then having heard the Matter of the said Complaint, and it being then duly proved to the said Justices upon Oath [in the Presence and Hearing of the said A.B.] that an Assessment for the [Relief of the Poor, or the Maintenance of the Highways] of the said Parish of dated the was duly made, allowed, and published, and that the said A.B. was therein and thereby assessed at the Sum of aforesaid, and that the said Sum had been duly demanded of the said A.B., but that he had not paid, and had refused and still refused to pay the same, and the said A.B. then not showing to the said E.F. and G.H. any sufficient Cause for not paying the same, the said Justices thereupon then issued a Warrant to commanding them to levy the said Sum and the Sum of for the Costs incurred in obtaining that Warrant, by Distress and Sale of the Goods and Chattels of the said A.B.: And whereas it now appears to me, the undersigned, One of Her Majesty's Justices of the Peace in and for the said [County], as well by the Return of the said of to the said Warrant of Distress as otherwise, that the said at of and (Sec. 121.) Warrant of Commitment. (Sections 121.122./ for the Costs attending the said Distress, and the further Sum of Given under my Hand and Seal this in the Year of our Lord Day of at in the [County] J.S. (L.S.) Sections 107 to 114 & 119 of 11 And with respect to the Mortgages to be executed upon the & 12 Vict. c. 63. Credit of any Rate under this Act, be it enacted, incorporated with this Act. Mortgage of Rates may bo mortgaged. No Priority amongst Mortgagees. Only for Works of a permanent nature and limited in amount. CXXII. That the following Sections of the Public Health Act, 1848, shall be incorporated with this Act: The Section numbered 107 in the said Act: CVII. And be it enacted, That the Local Board of Health may, for the Purpose of defraying any Costs, Charges, and Expenses incurred or to be incurred by them in the Execution of this Act, borrow and take up at Interest, on the Credit of the Rates authorized to be made or collected under this Act, any Sums of Money necessary for defraying any such Costs, Charges, and Expenses; and for the Purpose of securing the Repayment of any Sums so borrowed, together with such Interest as aforesaid, the said Local Board may mortgage and assign over to the Persons by or on behalf of whom such Sums are advanced the respective Rates upon the Credit of which the Sums are borrowed; and the respective Mortgagees shall be entitled to a Proportion of the Rates comprised in their respective Mortgages according to the Sums in such Mortgages mentioned to have been advanced; and each Mortgagee shall be repaid the Sums so advanced, with Interest, without any Preference over the others of them by reason of any Priority of Advance or the Date of his Mortgage: Provided always, that the Money borrowed under the Authority of this Act shall be borrowed only for Works of a permanent Nature, and shall not at any Time exceed in the whole the assessable Value for One Year of the Premises assessable under this Act within the District or Part of the District for or in respect of which such Money shall be borrowed, and shall (as far as practicable) be borrowed upon the Credit of the respective Rates applicable to the Works, Mat (Sec. 122.) and ters, or Things in respect of which the Money is required; the Money borrowed for the Purpose of defraying any Costs, Charges, or Expenses incurred or to be incurred in respect of Part of a District only shall be charged (as far as practicable) upon the Credit of any separate Rates made or to be made for the Purposes of such Part; and in case any such Costs, Charges, or Expenses Apportionment shall apply to or be incurred in respect of Two or more of such Parts, the Money borrowed in respect of the same shall be equitably apportioned by the Local Board upon any Rates made or to be made for the Purposes of such Parts respectively. Also the Section numbered 108 of the same Act: of Loans between parts of Districts. of Public Works CVIII. And be it enacted, That the Commissioners acting in the Commissioners Execution of an Act passed in the Second Session of the Fifth Year of Her Majesty's Reign, intituled An Act to authorize the missioners under Advance of Money out of the Consolidated Fund to a limited Amount for carrying on Public Works and Fisheries and Employment of the Poor, and to amend the Acts authorizing the Issue of Exchequer Bills for the like Purposes, and in the Execution of any of the Acts recited in that Act, or of any Act or Acts for amending or continuing the same Acts or any of them, may, if they shall think fit, make Advances to the Local Board of Health of any District, for the Purposes of this Act, upon the Security of the Rates to be levied by such Board under this Act, and without requiring any further or other Security than a Mortgage of such Rates. Also the Sections numbered 109 and 110 of the same Act: borrowed at Interest, to pay bearing a higher CIX. And be it enacted, That if the Local Board of Health can at Money may be any Time borrow at a lower Rate of Interest than that secured by lower Rates of any Mortgage previously made by them, and then outstanding and off Securities in force, they may, if they shall think fit, so borrow accordingly, Rate. in order, with the Consent of the Mortgagee, to pay off and discharge any of the Securities bearing a higher Rate of Interest, and may charge the Rates which they may be authorized to mortgage under this Act with Payment of the Sum so borrowed, together with the Interest thereon, in such Manner and subject to such Regulations as are herein contained with respect to other Monies borrowed upon Mortgage. Money to pay off gages. CX. And be it enacted, That if at the Time appointed by any Mort- Power to borrow gage Deed for Payment of the Principal Money secured thereby former Mortthe Local Board of Health are unable to pay off the same, they may, if they shall think fit, borrow such Sum of Money as may necessary for the Purpose of paying off the whole or any Part of the said Principal Monies, and may secure the Repayment of the be (Sec. 122.) Form of Mortgage. Register of Open for Inspection. Transfer of Register of Clerks Foo same, and the Interest to be paid thereon, in the same Manner in all respects as on the Case of Monies borrowed for defraying Costs, Charges, and Expenses incurred by the Local Board of Health in the Execution of this Act. Also the Section numbered 111 of the same Act: CXI. And be it enacted, That every Mortgage authorized to be made CXII. And be it enacted, That any Mortgagee or other Person en- (a) By section 23 ante, page 38, Two Commissioners are sufficient. the Principal and Interest secured thereby; and every such Trans- (Sec. 122.) feree may in like Manner transfer his Estate and Interest in any Executors such Mortgage; and no Person, except the Person to whom the Transferee or same shall have been last transferred, his Executors, Administra- &c. only to discharge. tors, or Assigns, shall be entitled to release or discharge any such Mortgage, or any Money secured thereby. Also the Section numbered 113 of the same Act: Interest to be to be paid off by means of Sinking Fund. CXIII. And be it enacted, That the Interest secured by any Mortgage authorized to be made under this Act shall, unless otherwise paid half-yearly. provided, be paid half-yearly; and in order to pay off any Monies borrowed and secured by any such Mortgage the Local Board of Mortgage Debts Health shall in every Year, until the same be paid off, appropriate and set apart as a Sinking Fund such Sum as, together with the Interest from Time to Time to accrue thereon, will in the Period of Thirty Years amount to a Sum sufficient to repay the Monies borrowed and secured by any such Mortgage, and shall from Time to Time cause such Sinking Fund, and the Interest thereon, to be invested in the Purchase of Exchequer Bills or other Government Securites, and to be increased by Accumulation in the way of Compound Interest or otherwise; and whenever the said Local Order of paying Board are enabled to pay off One or more of the Mortgages charged off Mortgages. upon the same Property or Rate, and are not able to pay off the whole of the Mortgages so charged, they shall, in default of Arrangement between the Local Board of Health and the Mortgagees, decide by Lot the Order in which the same shall be paid off. Also the Section numbered 114 of the same Act: Receiver may be certain Cases. CXIV. And be it enacted, That if at the Expiration of Six Months from the Time when any Principal Money or Interest has become appointed in due upon any Mortgage of Rates made under this Act, and after Demand in Writing, the same be not paid, the Mortgagee or other Person entitled thereto may, without Prejudice to any other Mode of Recovery, apply for the Appointment of a Receiver to Two Justices, who are hereby empowered, after hearing the Parties, to appoint in Writing under their Hands and Seals some Person to collect and receive the whole or a competent Part of the Rates liable to the Payment of the Principal or Interest in respect of which the Application is made, until such Principal or Interest, or both, as the Case may be, together with the Costs of the Application and the Costs of Collection, are fully paid; and upon such Appointment being made all such Rates, or such competent Part thereof as aforesaid, shall be paid to the Person appointed, and when so paid shall be so much Money received by or to the Use of the Mortgagee or Mortgagees of such Rates, and shall be Apportionment of Rates. |