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§ 13.

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other Sums of Money to be raised, recovered and received by the said Company by the Authority of the said Act: And 'Whereas it is by the said recited Act also further enacted, that ' in case the Money thereinbefore authorized to be raised should 'be found insufficient for the completing and maintaining the said 'Dock or Docks, and other Works thereby authorized to be 'made, and all other necessary Charges and Expences relating thereto, then and in such Case it should and might be lawful to and for the said Company to raise and contribute amongst them'selves, in Manner and Form aforesaid, or to raise by the 'Admission of new Subscribers (the Consent of a General Meeting being previously had and obtained for that Purpose), any further or other Sum of Money for completing and perfecting 'the said Undertaking, not exceeding in the whole the Sum of Twenty thousand Pounds; and every Person or Persons, Body or Bodies Politic, Corporate or Collegiate, subscribing towards raising such further or other Sum of Money, should be deemed a Member or Members of the said Company, and should have all Rights and Privileges of the said Company, in as full and perfect a Manner as if he, she or they had been nominated and appointed at the General Meeting holden for the Purposes of the said Act, and should also be liable to such Forfeitures, and be interested in all the Profits of the said Undertaking, in proportion to the Sum he, she or they should or might subscribe thereunto, as generally and extensively, to all Intents and Purposes, as if such further or other Sum thereby allowed to be subscribed for and raised had originally been Part of the said first Sum: And Whereas in the Year One thousand eight hundred and thirteen the then Directors of the said Company, being in Want of Money for the Purpose of completing and maintaining the said Dock, did borrow of different Proprietors Sums of Money amounting to the Sum of Six thousand one hundred and thirty Pounds, and did stipulate that the same Sums should be repaid at the End of Three Years from the Time of borrowing the same, with Interest in the meantime, at the Rate of Five Pounds per Centum per Annum: And Whereas at the Expiration of the said Three Years the Directors of the 'said Company, being unable to repay the Advances so made to them, did, with the Consent of the Proprietors of the said Company, pass a Resolution for the Repayment of such Advances to any Persons willing to accept such Payment in Shares at the then Market Price Value of such Shares: And Whereas the greater Number of the said Proprietors who had made such Advances availed themselves of the Offer so made to them, and by these Means Two hundred and thirty five additional Shares were created: And Whereas it is expedient that the Creation of the said Shares should be confirmed;' Be it therefore further enacted, That the Acts of the said Former Directors, and of all other Persons, in respect of the Creation and Acceptance of the said Shares, and in all Matters and Things incident thereto, be confirmed, and be made valid in all respects, as if the same had been done under the Provisions of the said recited Act; and that the said Proprietors who accepted such Shares shall be considered Holders of all the Shares so taken in Payment of such Ad

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vances,

vances, for every Purpose, as if they had been originally Shareholders under the Provisions of the said recited Act, and the same shall be deemed good and valid Shares to all Intents and Purposes whatever, without being subject to any further Payment or Call in respect thereof.

' IX. And Whereas it is expedient that so much of the said Provision 'Act should be repealed;' Be it therefore enacted, That so respecting much of the said recited Act shall be and the same is hereby Shares repealed. repealed.

raise a further Sum of Money.

X. And be it further enacted, That in case the present Capital Enabling the Stock of the said Company shall be hereafter deemed insufficient Directors to by the Directors for the Time being, for maintaining, enlarging, extending or improving the said Dock and other Works, Build ings and Property of the said Company, it shall be lawful for the said Directors to raise the Sum of Thirty thousand Pounds, and every or any Part thereof, at any one Time, or at different Times, and from time to time, by the Sale and Disposal to any Person or Persons of such Number of Shares in the Stock and Property of the said Company as shall be required and necessary for that Purpose, and such Shares, when so sold and disposed of, shall be deemed to be of the Value of One hundred Pounds each, and shall be entered accordingly in the Register Book kept by the said Company; and the Holders of such new Shares shall be deemed and considered, and shall be Proprietors of the said Stock and Property of the said Company, and shall be entitled in respect of such new Shares to the same Rights and Privileges, and shall have the same Powers and Authorities as the Proprietors of the present Shares of the said Stock and Property of the said Company; and all the Clauses, Provisoes, Penalties, Restrictions and Provisions in this Act or in the said recited Act, except so far as the same are affected or repealed by this Act, shall extend to and be construed to extend to, and be in full Force and Effect with respect to the said new Shares, and the Proprietors thereof, except as to the Time or Times of making Calls for the said additional Capital Stock, and the Amount of such Calls, which Time and Times, and the Amount of such Calls respectively, shall from time to time be appointed by the Directors of the said Company.

XỈ. And be it further enacted, That as well with respect to the original subscribed Shares, and the said Shares created as aforesaid, and also as to all Shares to be hereafter raised or created, it shall be lawful for the Treasurer or Secretary for the Time being of the said Company, in his Name, to sue for and recover in any Court or Courts of Law or Equity (as the Case may require), every or any Subscription or Share, or any Part thereof, or the Monies payable in respect of such Subscription or Share, or any Part thereof, which now do or shall hereafter remain due and payable, or which have been or shall be hereafter neglected or refused to be paid, according to the Provisions contained in this Act or the said recited Act, except so far as the same is affected or repealed by this Act, and also the Forfeiture or Penalty incident to or consequent upon such Neglect or Refusal as aforesaid; and further, that the Provisions of this Act and the said recited Act, so far as the same are not affected or repealed

Secretary to sue for Subscriptions.

51G.3. c.clxxi. $18.

Former Power

of raising

Money by Mortgage repealed.

repealed by this Act, in relation to the Forfeitures of any Share or Shares, shall also extend to the original Shares of the said Company, created previously to the said recited Act, and every of them, upon which any Call or Calls shall not have been paid.

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XII. And Whereas by the said recited Act it is enacted and provided, that in case the said Company should be desirous of raising a Sum not exceeding Twenty thousand Pounds by. Mortgage of the said Undertaking, or should at any Time thereafter be desirous of raising by such Mortgage a Sum not exceeding Twenty thousand Pounds of the Capital Sum subscribed, it should and might be lawful to and for the said Company to borrow and take up at Interest all or any Part of the said Sums on the Credit of the Rates, Tolls or Profits of the 'said Docks, and to assign the Property of the said Docks, and the Rates and Profits arising or to arise to the said Company by or from the said Docks, or to mortgage any Part or Parts thereof, (the Costs and Charges of assigning the same to be paid out of such Rates and Profits,) as a Security to any Person or Persons, or to his, her or their Trustee or Trustees, who 'should advance the same; all which said Assignments should ‹ be made and signed by Three or more of the Directors of the said Company, and should be in the Form or to the Effect following; (that is to say,)

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By virtue

we,

the Company of Proprietors of the East Country Dock "Company, in consideration of the Sum of to us in Hand paid by

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of

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do hereby bargain, sell "and assign to the said his Executors, Administrators and Assigns, the said Dock or Docks, "and all and singular the Profits arising therefrom or payable to us by virtue and all our Estate,

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Right, Title and Interest of and in and to the same; to hold "unto the said A. B., his Executors, Administrators and Assigns, "until the said Sum of

"Interest for the same after the Rate of

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per Centum per Annum, shall be fully paid and satisfied."

with

And all and every Person or Persons to whom such Assign'ment should be made should be equally entitled, one with the other, to their Proportions of the said Rates and Profits, and Purchases, according to the respective Sums in such Assignments ' mentioned to be advanced, without any Preference whatsoever, and the Date, Name or Names of Assignees, with their Addition or Additions, the Sum of Money borrowed, and the Rate of Interest, should, within Twenty one Days from the Date of every such Assignment, be entered in One or more Book or Books to be kept by the Clerk to the said Company, which Book or Books should and might be inspected at all reasonable Times by any of the Proprietors or Creditors of the said Dock, and any other Person or Persons interested therein, upon Payment for every such Inspection of the Sum of Two Shillings and Sixpence; and the Person or Persons to whom such Assignment

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should be made as aforesaid, or who should be entitled to the Money due thereon, should and might from time to time transfer his, her or their Right or Interest therein to any Person or Persons, by Writing under his, her or their Hand and Seal, or Hands and Seals, in the Form and to the Effect following; (that is to say,)

I A. B., in consideration of the Sum of

paid by the said C. D. of

"do hereby transfer a certain Mortgage made by the Company
"of Proprietors of the East Country Docks, bearing Date the
Day of
for securing
and all the Interest

"the Sum of

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now due and to become due thereon, and all my Right and Property therein, to the said C. D., his Executors, Adminis"trators and Assigns. Dated this

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Day of

And every such Transfer should, within Seven Days after the Date thereof, be produced to the Solicitor or Clerk of the said Company, who should cause a Memorial to be made thereof, for which the Solicitor or Clerk should be paid the Sum of Five Shillings and no more, and every such Entry made of such Transfer should from thenceforth vest all Interest in the 'said Mortgage in the Assignee or Assignecs, his, her or their Executors, Administrators and Assigns; and the Interest of the Money which should be borrowed or raised by Mortgage as aforesaid should be provided for and paid to the several • Persons entitled thereto, before any Interest or Dividends due to the said Company of Proprietors, or any of them, should be paid, made or divided: And Whereas it is expedient that the • said Provision or Enactment for raising Money by Loan should be repealed, and that Powers of borrowing Money upon the Terms and in Manner hereinafter mentioned should be given to the Directors of the said Company;' Be it therefore enacted, That the said Provision or Enactment for raising Money by Loan Directors may be repealed; and further, that in case the said Sum of Eight borrow any thousand Pounds now due to the Representatives of the said Joseph Sum not exBoucock deceased, and all Interest due and to grow due thereupon, shall have been previously paid, or in case the Money to be borrowed as hereinafter mentioned, or a sufficient Part thereof, shall be applied in full Satisfaction and Discharge of the said Principal Sum and Interest, it shall and may be lawful for the said Directors, if they shall deem it adviseable, to borrow and take up at Interest, from time to time and at any Time or Times thereafter, on the Security or Securities hereinafter mentioned, and for any limited or definite, or unlimited or indefinite Period of Time, such limited or definite Period of Time (if any) being mentioned or subscribed in or under or at the Foot of such Security or Securities, any Sum or Sums of Money, so as not to exceed at any one Time the Sum of Twenty thousand Pounds; and in order to raise such Sum or Sums of Money, or any Part or Parts thereof, the Directors for the Time being of the said Company, or any Three of them, shall and may, at the Costs and Charges of the said Company, convey and assign all or any Part of the said Docks,

and

ceeding 20,0007. by way of Mortgage, according to the Form annexed.

Form of Mortgage.

and the Property therein, and the Rates and Profits thereof, and the Fee Simple of and in the said Docks, and the Lands and Hereditaments of the said Company, and the absolute Interest in the Effects, present and future, of the said Company, as a Security or Securities for the Repayment of any such Sum or Sums of Money so to be borrowed, together with Interest, to such Person or Persons, Body or Bodies Politic or Corporate, as shall advance or lend the same, or his, her or their Trustee or Trustees, Nominee or Nominees, Heirs, Executors or Administrators, by the following Form of Conveyance and Assignment, or by any other Words to the same Effect; (that is to say,)

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BY Y virtue of an Act passed in the Sixth Year of the Reign of His Majesty King George the Fourth, intituled An Act to amend an Act of His late Majesty, for completing and maintaining the East Country Dock at Rotherhithe in the County of Surrey, and to enlarge the Powers of the said Act, we

being Three of the Directors of the East Country Dock Company, in consideration of the Sum of of lawful Money of Great Britain to us in

of

• Hand paid by
do hereby grant, bargain, sell, convey and assign unto the said
his [her or their] Successors, Heirs,
Executors, Administrators and Assigns respectively [as the Case
may be], all and singular the said East Country Dock, and all
the Lands and Hereditaments, and Real and Personal Property
of the said Company, and all and singular the Rates and Profits
thereof respectively, and all the Estate, Right, Title and Interest
of the said Company of, in, to or out of the same, to hold
'the same unto the said
his [her or their]
Successors, Heirs, Executors, Administrators and Assigns re-
pectively [as the Case may be] until the said Sum of

together with Interest for the same, computed from the Date hereof, after the Rate of

per Centum per Annum, shall be repaid and satisfied. Dated the

Day of

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And all and every Person and Persons, Body or Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, to whom any such Conveyance and Assignment, or Conveyances or Assignments, shall be made, shall be equally entitled to the Property so mortgaged, and the Rates, Issues and Profits thereof, proportionably according to the respective Sums in such Conveyance and Assignment mentioned to be advanced, to secure the Repayment thereof, with Interest as aforesaid, without any Preference by reason of Priority of Conveyance and Assignment, or on any other Account whatsoever; and the Money so borrowed as aforesaid shall be applied in maintaining or extending or improving the said Dock, and Property or Business of the said Company, or in the Repayment of any other Loan or Loans, Debt or Debts, now or to be hereafter due from the said Company; but that no Person or Persons, Body Politic or Corporate, advancing or lending such Money, and having obtained

such

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