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any Fine or Fines, Recovery or Recoveries whatsoever would have had if levied or fuffered by the Bargainer or Bargainers, or any Perfon or Perfons feized of or entitled to any Eftate or Interest in the Premises in Truft for fuch Bargainer or Bargainers, in any Manner or Form whatsoever.

cipal and

Commiffion

ers, &c.

XCIV. And be it further enacted, That upon Upon PayPayment of the Principal Money and Intereft due on ment of Prinany Mortgage as aforefaid into the Bank of England, Intereft into at the End of Six Calendar Months from the Day the Bank, of giving fuch Notice as aforefaid, for the Ufe of Premifes to the Mortgagee or Mortgagees, the Cashier or veft in the Cashiers of the Bank fhall give a Receipt or Receipts for the faid Money, in like Manner as is herein-before directed in Cafes of other Payments into the Bank; and thereupon all the Eftate, Right, Title, Intereft, Use, Truft, Property, Claim, and Demand of the faid Mortgagee or Mortgagees, and of all and every Perfon or Perfons in Truft for him, her, or them, fhall veft in the faid Commiffioners or Trustees or other Persons as aforefaid, and they fhall be deemed to be in the actual Poffeffion of the Premises comprised in fuch Mortgage or Mortgages, to all Intents and Purposes whatsoever.

XCV. And be it further enacted, That all Sums Monies to be of Money, or other Confideration, Recompence or paid or tenSatisfaction, to be paid or made pursuant to any fuch dered before any Use made Agreement or Verdict as aforefaid, or in Discharge of the Preof any fuch Mortgage, fhall be paid or tendered to mifes. the Party or Parties entitled to the fame, or paid into the Bank of England as aforefaid, before the faid Commiffioners or Trustees or other Persons as aforesaid, or any Person or Perfons authorized by them, fhall proceed to pull down any House or Houses, or other Erections or Buildings comprised in or affected by fuch Agreement, Verdict, or Mortgage refpectively, or to use the Ground for any of the Purposes before mentioned in this Act.

XCVI. And be it further enacted, That it fhall Estates may and may be lawful to and for the faid Commiffioners be fold, the

or

Perfons of

whom they or Trustees or other Perfons as aforefaid, from Time where bought to Time abfolutely to sell and dispose of all or any having the firft Offer.

of the Freehold or Leasehold Estates, Lands, Houses, Hereditaments, and Premises which fhall hereafter be conveyed to them in purfuance of this Act or otherwife; provided the faid Freehold or Leafehold Estates, Lands, Houfes, Hereditaments, and Premises so purchased are first offered for Sale to the respective Perfon or Perfons of or from whom the Premises respectively were purchased by or on Behalf of the faid Commiffioners or Trustees or other Persons as aforefaid; and if fuch Person or Perfons respectively fhall not then and thereupon agree (except with respect to and on account of the Price thereof as herein-after mentioned), or shall refuse (except with respect to and on account of the Price thereof) to purchase the fame respectively, an Affidavit fhall be made and fworn before a Master in the High Court of Chancery, or before One of His Majesty's Juftices of the Peace for the City, Borough, or County wherein such parochial or other District shall be fituate (who are hereby respectively empowered and directed to take the fame), by fome Perfon or Perfons uninterested in the said Freehold or Leasehold Estates, Lands, Houses, Hereditaments, or Premises, stating that fuch Offer was made by or on the Behalf of the faid Commiffioners or Trustees or other Perfons as aforefaid, and that such Offer was not then and thereupon agreed to. or was refused by the Perfon or Perfons to whom the fame was fo offered; and that any fuch Affidavit shall in all Courts whatfoever be fufficient Evidence and Proof that fuch Offer was made and was not agreed to, or was refused by the Perfon or Perfons to whom fuch Offer was made, as the Cafe may be; and in cafe fuch Perfon or Perfons fhall be defirous of repurchasing the same, and he, fhe, or they, and the faid Commiffioners or Trustees or other Perfons as aforefaid, fhall differ and not agree with refpect to the Price thereof, then the Price or Prices thereof fhall

fhall be ascertained by a Jury, in the Manner hereinbefore directed with refpect to the disputed Value of Premises to be purchased by the faid Commiffioners or Trustees or other Perfons as aforefaid in pursuance of this Act; and the Expence of hearing and determining fuch Differences fhall be borne and paid in like Manner as is herein-before directed with refpect to fuch Purchase made by the faid Commiflioners or Trustees or other Persons as aforefaid (mutatis mutandis); and the Money to arife by the Sale or Sales which may be made by the faid Commiffioners or Trustees, or other Perfons as aforefaid, of such Freehold or Leasehold Estates, Lands, Houses, Hereditaments, and Premises, shall be applied by the faid Commiffioners or Trustees or other Perfons as aforefaid to the Purposes of the local Act or Acts of Parliament relating to the parochial or other Divifion over the Pavements whereof they fhall poffefs a Control, or to the Purposes of this Act, but the Purchaser or Purchasers thereof fhall not be anfwerable or accountable for any Mifapplication or Non-application of the Money paid by him.or them for fuch Freehold or Leafehold Eftates, Lands, Houses, Hereditaments, and Premises.

XCVII. And be it further enacted, That it fhall Power to and may be lawful from Time to Time and at all borrow Times hereafter to and for the faid Commiffioners Money; or Trustees or other Perfons having the Control of the Pavements of any parochial or other Diftri&t within the Jurifdiction of this Act, or fuch Number of them as under or by virtue of their particular local Act or Acts of Parliament, or of this Act, shall be competent to act, to borrow and take up at Intereft, on the Credit of the Rates and Affeffments to be made by virtue of fuch local Act or A&s of Parliament, or by virtue of this Act, any Sum or Sums of Money for or towards the Expence of paving or repairing the Pavements of the Streets or public Places within fuch respective parochial or

L

other

other District, either exclufively or jointly with or towards any other Object or Purposes which they fhall from Time to Time deem neceffary, exclufive of and in addition to any other Sum which the faid Commiffioners or Trustees or other Perfons as aforefaid have been or may at the paffing of this Act be empowered to borrow and take up at Interest under and by virtue of any local Act or Acts of Parliament relating to fuch parochial or other District, to be applied for and towards the Charges and Expences which have been or may be hereafter incurred for or towards the better paving or repairing the Pavements of the Streets and public Places in fuch parochial or other District, and for the Pur and may poses of this Act; and the faid Commiffioners or affign the Trustees or other Perfons as aforefaid are hereby Rates and Affeffments fully authorized and empowered to affign over the as a Security. faid Kates and Affeffments, or any Part thereof (and the Cofts and Charges of afligning the fame being paid out of the faid Rates and Affeffments), as a Security for any fuch Sum or Sums of Money to be borrowed with Intereft, to fuch Perfon or Perfons, or their Trustee or Trustees, as fhall advance the fame, on Parchment, under the Hands of Five of the faid Commiffioners or Trustees or other Perfons, as aforesaid, by the following Words of Affignment, or by any other Words to the fame Effect :

Form of Affignment or Debenture.

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BY

Y virtue of certain Powers and Authorities vested in us in and by a certain Act or certain Acts of Parliament, We, the undersigned Five [here infert the Name or Title by which the Perfons having the Control of the Pavements are correctly defignated] in confideration of the Sum • of of lawful Money of Great "Britain to us in Hand paid by A. B., do affign unto the faid A. B. his, her, or their Executors, Administrators, and Affigns, or Succeffors and Affigns, [as the Cafe may be] all and fingular the Rates and Affeffments to be raised, levied, and collected

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collected in the faid [parochial or other District, as the Cafe may be] made and to be made for or towards the paving or repairing the Pavements of the Streets or public Places within fuch [parochial or other District, as the Cafe may be], " either exclufively or jointly with or for or towards any other Objects or Purposes [as the Cafe may alfo be], and all the Eftate, Right, Title, and Interest of the faid [Commiflioners or Trustees or other Perfons, as the Cafe may be], and of their 'Succeffors, of, in, and unto the fame, to hold 6 unto the faid

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‹ his, her, or their Executors, Administrators, and Affigns [or Succeffors and Affigns], until the , together with

• Sum of

Interest for the fame after the Rate of

per Centum per Annum, shall be repaid. Witness

our Hands.

And all and every Perfon and Perfons, Body or Perfons takBodies Politic, Corporate or Collegiate, Aggregate ing fuch Afor Sole, to whom fuch Appointment or Affignment be entitled to fignments to shall be made, fhall be equally entitled to their Pro- their Proporportion of the faid Rates and Affeffments, accord- tion of the ing to the respective Sums in fuch Affignment men- the Money

Rates; and

A&t.

tioned to be advanced, to fecure the Repayment fo borrowed thereof with Interest as aforefaid, without any Pre- to be applied ference by reason of Priority of Affignment, or on for the Purany other Account whatever; and the Money fo poles of this borrowed as aforefaid fhall be applied in and about the Purposes aforefaid, and for the Purposes of this Act, and in carrying the fame and the several Provifions, Powers, and Authorities herein and therein contained into full Execution.

XCVIII. And be it further enacted, That it fhall Commiffionand may be lawful to and for the faid Commiffion- ers, &c. empowered to ers or Trustees, or other Perfons as aforefaid, grant Bonds from Time to Time and at all Times hereafter, and to their Treathey are hereby authorized and empowered from furer or Time to Time, to grant unto their respective Trea- Clerk.

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furer

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