the Highways] of the said Parish, in and by a Rate made on
in the Sum of
had not paid the same
or any Part thereof, but had refused so to do; and afterwards on
the Parties aforesaid appeared before

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
hath made diligent Search for the Goods and Chattels of the said
A.B., but that no sufficient Distress whereon to levy the said Sums
above mentioned could be found: These are therefore to command
you the said [Churchwardens and Overscers, or Surveyors] and
Constable and Peace Officers, or some or one of you, to take the
said A.B., and him safely to convey to the [House of Correction]
aforesaid, and there deliver him to the said Keeper,
together with this Precept: And I do hereby command you, the
said Keeper of the said [House of Correction], to receive the said
A.B. into your Custody in the said [House of Correction], there
to imprison him for the Space of
unless the said Sums
together with the Sum of

at

of

and

(Sec. 121.)

Warrant of

Commitment.

(Sections 121.122./

for the Costs attending the said Distress, and the further Sum of
being the Costs and Charges of this Commitment, and
of taking and conveying the said A.B. to Prison, making in the
whole the Sum of
shall be sooner paid unto you the
said Keeper; and for your so doing this shall be your sufficient
Warrant.

Given under my Hand and Seal this

in the Year of our Lord
aforesaid.

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
Rater.

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
may make ad-
vances to Com-
5 & 6 Vict. c. 9.

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
Mortgages.

Open for Inspection.

Transfer of
Mortgages.

Register of
Transfers.

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
under this Act shall be by Deed, truly stating the Date, Consider-
ation, and the Time and Place of Payment, and shall (in the Case
of a Noncorporate District) be sealed with the Seal of the Local
Board of Health by or on the Part of whom the same is executed,
and be signed by Five (a.) or more Members thereof, (or in the
Case of a Corporate District) be scaled with the Common Seal,
and
may be made according to the Form contained in the Schedule
(B.) (b.) to this Act annexed, or to the like Effect; and there
shall be kept at the Office of the Local Board of Health a Register
of the Mortgages upon each Rate, and within Fourteen Days after
the Date of any Mortgage an Entry shall be made in the Register
of the Number and Date thereof, and of the Names and Descrip-
tion of the Parties thereto, as stated in the Deed; and every such
Register shall be open to public Inspection during Office Hours at
the said Office, without Fee or Reward; and any Clerk or other
Person having the Custody of the same, refusing to allow such
Inspection, shall be liable to a Penalty not exceeding Five Pounds.
Also the Section numbered 112 of the same Act:

CXII. And be it enacted, That any Mortgagee or other Person en-
titled to any such Mortgage may transfer his Estate and Interest
therein to any other Person by Deed duly stamped, truly stating
its Date and the Consideration for the Transfer; and such Transfers
may be according to the Form contained in the Schedule (C) (b.)
to this Act annexed, or to the like Effect; and there shall be kept
at the Office of the Local Board of Health a Register of the
Transfers of Mortgage charged upon each kind of Rate, and within
Thirty Days after the Date of such Deed of Transfer, if executed
within the United Kingdom, or within Thirty Days after its Arri-
val in the United Kingdom, if executed elsewhere, the same shall
be produced to the Clerk, who shall, upon Payment of the Sum
of Five Shillings, cause an Entry to be made in such Register of
its Date, and of the Names and Description of the Parties thereto,
as stated in the Transfer; and upon any Transfer being so regis-
tered the Transferee, his Executors, Administrators, or Assigns,
shall be entitled to the full Benefit of the original Mortgage, and

(a) By section 23 ante, page 38, Two Commissioners are sufficient.
(b.) See this form incorporated in Schedule E. to this Act

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.