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C. 40.

Appendix WHEREAS by the one hundred and

thirteenth Section of the No. 9. Public Health Act, 1848, it was enacted, that the Interest 164 17 Vic. secured by any Mortgage authorized to be made under that Act should, unless otherwise provided, be paid half Yearly ; and in order to pay off !! and 12 Vict. any Monies borrowed and secured by any such Mortgage, the Local Board of Health should in every year, until the same should 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, would in the Period of Thirty Years amount to a Sum sufficient to repay the Monies borrowed and secured by any such Mortgage, and should from Time to Time cause such Sinking Fund and the Interest threon to be invested in the Purchase of Exchequer Bills or other Government Securities, and to be increased by Accumulation in the way of Compound Interest or otherwise ; and whenever the said Local Board should be enabled to pay off One or more of the Mortgages charged upon the same Property or Rate, and should not be able to pay off the whole of the Mortgages so charged, they should, in default of Arrangement between the Local Board of Health and the Mortgagees, decide by Lot the Order in which the same should be paid off: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :

1. Notwithstanding the said One hundred and thirteenth Section of Advances by the said Act, or any other Provisions therein, any Monies thereby au- 1.oan Commisthorized to be borrowed and secured by way of Mortgage may be bor- paid by instalare rowed from the Commissioners acting in execution of an Act passed in meets within the Fifty-seventh Year of the Reign of His late Majesty King George instead of by the Third, intituled An Act to authorize the Issue of Exchequer Bills Thirty Years. and the Advance of Money out of the Consolidated Fund to a limited

Amount, for the carrying on of Public Works and Fisheries in the United Kingdom, and Employment of the Poor in Great Britian, in manner therein mentioned, and in execution of any Act or Acts for amending or con- 57 G. 3. c. 34. tinuing the same Act or Acts or any of them; and on any such Loan by the said Commissioners called “The Public Works Loan Commissioners” the Repayment of the Monies borrowed, with Interest thereon, shall be secured so as that the same, with the Interest thereon, shall be fully repaid by Instalments within the Period of Twenty Years from the advancing thereof, instead of by forming such accumulating Fund for the Payment of Monies borrowed as by the said Act is provided ; and all the Powers and Provisions in the said Act contained for raising Rates for the forming a Fund for the repayment of Monies to be borrowed under the Provisions of the said Act shall apply and extend to the raising and paying any Monies which may be borrowed of the said Public Works Loan Commissioners, and the Interest thereon.

Sinking Fund in c. 40.

Securities for

Acts.

Appendix II. In all Cases of Loans under the Public Health Act, 1848, and No. 9.

in all other Cases where any Loans or Advances shall hereafter be 16 & 17 Vic. made or have already been made by the said Public Works Loan Com

missioners to any Persons or Bodies having Power to borrow the same, Advances 10 be or to any Persons or Bodies to whom the said Commissioners were, Powers of Pub- or shall be authorized or directed to lend any Monies under the lic Works Loan

are,
Provisions of any Act or Acts wbatsoever, then, notwithstanding the
Provisions of the Public Health Act, 1848, or of any local or other
Act, to the contrary, all Loans or Advances made or to be made
shall be taken to have been made or to be made by the Public Works
Loan Commissioners under the Provisions of the several Acts in force
authorizing Loans by the said Public Works Loan Commissioners; and
the Securities for such Loans shall be taken to have been made, and
shall have such Priorities, and shall be subject to the same Powers,
Authorities, and Remedies in all respects whatsoever, as if such Loans,
Advances, and Securities had been made under the Authority of the
several Acts in force relating to Loans to be made by the Public Works
Loan Commissioners, and notwithstanding any Provision in any other
Act now passed or to be passed contained as regards the Priorities or
Mode of Payment of any Monies authorized or directed by any such
Act to be borrowed, except so far as the same may by any such Act be

altered, varied, or repealed by express Reference to this Act. Loans may be III. From and after the passing of this Act, it shall be lawful for advanced at a lower Rate of the said Public Works Loan Commissioners and they are hereby Interest than Five per Cent.

authorized to make Advances at such Rate of Interest as they in their Discretion may think fit, not being less than the Rate of Three Pounds Ten Shillings per Centum per Annum, except that in case at the Time at which the said Commissioners shall resolve to make any Loan it shall appear that the Rate of Interest to be produced by an Investment in the Purchase of the Stock called the Three per Centum Consolidated Bank Annuities would be above Three Pounds Ten Shillings per Centum per Annum, then no such Loan shall be granted at a Rate of Interest less than the Rate which would be produced by an Investment in the Purchase of the said Stock; and such Rate of Interest for the Purpose aforesaid shall be ascertained by the said Commissioners by the average Price of such Stock on the Day before the resolving to make such Loan, if the Transfer Books shall on that Day be open, if not, then by the average Price of such Stock on the Day next before the closing of such Transfer Books ; provided that if the Rate of Interest upon any Advances to be made by the said Commissioners bc less than the Rate which by the Act or Acts herein-before recited or referred to the said Commissioners are now authorized or required to take, or in case any Loan the Interest whereof is so as aforesaid to be regulated by the Price of such Stock, then the Consent of the Commissioners of Her Majesty's Treasury for the Time being shall be obtained previously to resolving to make such Loan.

c. 40.

Appendix IV. Nothing in this Act contained shall extend or be deemed or

No. 9. construed to extend to alter, lessen, or abridge the Powers given to 16 & 17 Vic. or vested in the Commissioners of Her Majesty's Treasury to reduce the Rate of Interest on any Loan advanced or to be advanced by the Powers of Treasaid Public Works Loan Commissioners, in the Manner and under the Interest not to Circumstances in any of the Acts herein-before referred to particularly stated or mentioned.

V. In citing this Act for any Purpose whatsoever it shall be sufficient to use the Expression “ The Public Works Loan Act, 1853."

be affected.

Short Title.

END OF APPENDIX,

INDEX.

The Acts referred to in the 1st Column are indicated as follows :-

Public Health Act
Public Health Supplemental Act
Commissioners' Clauses Act, 1847
Towns Improvement Clauses Act, 1847
Town Police Clauses Act, 1847
Poor Rate Recovery Act
Cemeteries Clauses Act
Justices' Protection Act.

P.H.A.
P.H.S.A.
C.C.A.
T.I.C.A.
T.P.C.A.
P.R.R.A.
Ce.C.A.
J.P.A.

Incorporated

Act.

Section of
Incorporated

Act.
Section of
Local Act.

Page.

ABATEMENT.
of rates in certain cases

115 140
for poverty..

P.H.A. 96 120 149
ABATEMENT OF NUISANCES : VIZ.

offensive ponds, pools, ditches, drains, &c... P.H.A. 58 72 99
waste & stagnant water in dwellings, &c. P.H.A. 59 72 100
swine, pigstyes in dwellings, &c..... P.H.A. 59 72 100
accumulations of noxious, or offensive matter P.H.A, 59 72 100
filthy condition, &c. of dwellings

P.H.A. 60 72 101
business, manufactory, &c. dung heaps, &c.

privies, &c. pigstyes, &c. certified as nui-
sances,

T.I.C.A. 104 73 102
or annoyances in streets, penalty, &c.... T.P.C.A. 28 60 75
ABATEMENT OF Actions by and against commis-
sioners or their officers, &c.

P.H.A. 138 20 31

ABSCOND.
apprehension of officers, &c. about to........ P.H.A. 39

21 35

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