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Protection or Wager of Law, or more than One Imparlance shall be allowed.

LIII. And be it further enacted, That the Books of Rates to be delivered by the Collector or other Officers to the faid Commiffioners for executing this Act, and all Entries afterwards made therein, or examined Copies thereof refpectively, shall be received in Evidence of the Rates imposed by virtue of this Act, and the Payment of fuch. Rates, or fuch of them, or fuch Part thereof, as shall by fuch Entries appear to have been paid to fuch Collectors.

LIV. And for the more fpeedily raifing Money for the Purposes of this Act, be it further enacted, That it fhall be lawful for the faid Commiffioners for executing this Act, and they are hereby empowered from time to time, to borrow and take up at Intereft any Sum or Sums of Money, upon the Credit of the Rates or Affeffments herein before granted; and by Writing under their Hands and Seals to mortgage or affign over the faid Rates or Affeffiments, or any Part thereof, to the Perfon or Perfons who fhall advance or lend fuch Monies, or his or their Trustee or Trustees, as a Security for the Money fo to be borrowed, together with Intereft for the fame; and every fuch Mortgage or Aflignment may be according to the Form following; (videlicet,)

BY virtue of an Act made in the Fifty fixth Year of the Reign
of King George the Third, intituled [fet forth the Title of this
'Aa] We
being
of the Commiffioners appointed by virtue of the faid Act, for
paving, cleanfing, lighting, watering and watching the Streets,
Squares, Circuffes, Ways, Courts and other public Paffages and
Places, within the Limits mentioned in the faid Act, in Confider-
❝ation of the Sum of
advanced and lent by

A. B. to C. D. (the Treasurer appointed in pursuance of the faid
A&t) upon the Credit of the Rates and Affeffments to be made
by virtue of the faid Act for the Purposes aforefaid, do grant
and affign unto the faid A. B. his Executors, Administrators, and
Affigns, fuch Proportion of the faid Rates or Affeffments, as the
faid Sum of
doth or fhall bear to the whole
Sum which is or fhall be borrowed upon the Credit of the faid
Rates or Affeffments to be had and holden from this Day, until
the faid Sum of
with Intereft of

per Centum per Annum for the fame, to be paid Half Yearly, fhall be repaid and fatisfied. In Witness whereof, We have hereunto fet our Hands and Seals, this

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• Day of
And every fuch Affignment shall be good, valid and effectual in the

Law.

LV. Provided always, and be it further enacted, That in cafe the faid Commiffioners for executing this Act fhall think it advis able to raife all or any Part of the Money neceffary for the Purpofes aforefaid, by the granting of Annuities for the Life or Lives of any Perfon or Perfons, then it fhall be lawful for fuch Commiffioners, and they are hereby authorized and empowered, by any Writing or Writings under their Hands and Seals, to grant any Annuity or Annuities to any Perfon or Perfons who fhall contribute, advance and pay into the Hands of the Treasurer to the said Commiffioners for executing this Act any Sum or Sums of Money for the abfolute

Purchase

Purchase of any Annuity or Annuities, to be paid and payble during the natural Life of every fuch Contributor, or the natural Life of every fuch Perfon or Perfons who shall be nominated by or on the Behalf of fuch Contributor, at the time of the Payment of his or her Contribution or Purchafe Money; fo that no fuch separate Annuity do exceed the Rate of Ten Pounds for every One hundred Pounds for a Year.

Bonds or other
Securities to be

LVI. And be it further enacted, That the faid Commiffioners for Commisioners executing this A&t fhall caufe a Bond or Note, or other Security, may caufe under the Hands and Seals of Three or more of them, to be delivered to every Perfon advancing any Part of the faid Monies for Payment given for Payof fuch Annuities in refpect thereof; which Bonds, Notes or other ment of AnnuiSecurities, fhall be affignable by Indorsement; and which said several ties. Annuities fo to be purchafed fhall be and are hereby charged upon, and fhall be paid out of the Rates or Affeffments hereinbefore mentioned, and fhall be made payable and paid Quarterly during the natural Lives of fuch Contributors refpectively, or the natural Life or Lives of fuch other Perfon or Perfons as fhall be nominated by fuch refpective Contributors, and a proportional Part of fuch Annuity fhall be paid from the laft Quarter Day of Payment preceding the Death of the Annuitant, or his celui que vie, up to the Day of his Decease.

may grant Bonds

to their Clerk or Secretary.

LVII. And be it further enacted, That it shall and may be lawful Commiffioners to and for the faid Commiffioners for executing this A&t, and they are hereby authorized and empowered from time to time to grant unto their Chief Clerk or Secretary for the time being, any Bond or Bonds, under the Hands and Seals of any Three or more of them, each Bond to be conditioned for the Payment of the Sum of Two hundred Pounds, and which Bonds fhall be likewife charged upon and paid out of the Rates and Affeffments to be made by virtue of this Act for the Purposes aforefaid, and the Monies to be raised by Means thereof, with Intereft for the fame, after the Rate of Five Pounds per Centum per Annum.

fuch Bonds.

Commiffioners not perfonally liable.

LVIII. And be it further enacted, That it fhall and may be law. Power to fell ful to and for fuch Chief Clerk or Secretary for the time being, by and with the Direction of the faid Commiflioners for executing this Act, or any Three or more of them, from time to time to make fale and difpofe of all and every or any fuch Bond or Bonds fo to be granted to fuch Chief Clerk or Secretary as aforefaid, either by Public Sale or Private Contract, unto any Perfon or Perfons, for the best Price or Prices in Money that can be reasonably had or obtained for the fame, and to apply the Money thence arifing for or towards the carrying this Act into Execution: Provided always, that nothing herein contained fhall be deemed, conftrued, taken or extend to make the faid Commiffioners who fhall fign, execute or give any of the Bonds, Affignments or other Securities, fo hereby authorized or directed to be given, perfonally or their respective Eftates, Lands or Tenements, Goods and Chattels, liable to the Payment of any of the Monies fo to be borrowed, or Annuities fo to be granted, in pursuance of this Act, by reafon of their giving or executing any fuch Bonds, Affignments or other Securities as aforefaid: Provided Money borrow. nevertheless, that no greater Sum in the Whole than Sixty thousand ed not to exceed 60,000l. Pounds fhall be raised by Loan or Mortgage, or by the Sale, or granting of any fuch Bonds or Annuities as aforefaid, for any of

the

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the Purposes aforefaid; and that before any fuch Money fhall be borrowed, or any fuch Bond fold, or Annuity granted, Fourteen Days' Notice at the leaft fhall be given in fome Newspapers published in London or Westminster, fignifying the Intention of borrowing such Money, or granting fuch Annuities.

LIX. And be it further enacted, That it fhall be lawful for the Perfons entitled to any of the Securities or Orders for the Monies borrowed, or for the Annuities granted and ordered to be paid as aforefaid, by Writing under their Hands indorfed thereon, to transfer the fame respectively to any Perfon or Persons, according to the Form following;

A. B.

I do hereby affign the within Mortgage [or, Bond for the Payment of the within mentioned Annuity] and all my Right and Title in and to the Principal Money and Intereft [or, Annuity, and all Arrears now due thereon by virtue ' of the within written Bond] thereby fecured unto C. D. his Executors, Administrators and Affigns. Dated the

'Day of

And Entries or Memorials of all Mortgages or Affignments, and Bonds for the Payment of Annuities, which shall be made in manner aforefaid, and of all Transfers thereof, expreffing in Words at length the Names, Additions, Places of Abode and other proper Defcrip. tions of all fuch Perfons as fhall from time to time be entitled to the Principal Money and Intereft, or the Annuities thereby refpectively fecured, shall be entered in a Book to be kept for that Purpofe by the Clerk to the faid Commiffioners for executing this A&t; to which Book any Perfon interested shall at all feasonable times have Accefs, and fhall have free Liberty to inspect the fame, without Fee or Reward; and for the Entry of every fuch Transfer or Affignment the faid Clerk fhall be paid Five Shillings and no more; and every fuch Transfer or Affignment, after fuch Entry thereof as aforefaid, shall entitle the Perfon or Perfons to whom the same shall be made, and his, her or their Executors, Adminiftrators and Affigns, to the Benefit of the Security thereby transferred; and all Perfons to whom fuch Mortgages or Affignments, or Bonds for any Annuities, fhall be made, or who fhall be entitled to the Money or Annuities thereby fecured, fhall be, in proportion to the Sums therein respectively mentioned, Creditors on the faid Rates or Affeffments equally One with another, without any Preference in refpect to the Priority of advancing fuch Money, or the Dates of any fuch Mortgages, Affignments or Bonds refpectively.

LX. And be it further enacted, That all the Money to arise by or from the said Rates or Affeffments, and which may be borrowed or advanced upon or received for the Purchase of any Annuities on the Credit or Security thereof, fhall be applied in paying and difcharging the Expences attending the obtaining and paffing this A&, and afterwards from time to time in paying the Intereft of the Principal Money to be borrowed, and the Annuities to be granted as aforefaid, and in paying and difcharging the feveral Purchafe Monies, and in making the feveral Compenfations and Satisfactions hereinbefore directed, and in making fuch Allowances to the feveral Perfons who fhall have paved any of the faid Streets, Squares or other public Paffages or Places, and in defraying the Expences of forming, inclofing, making, railing in, ornamenting and embellishing the faid Centres

ог

or Areas of the faid Squares and Circuffes, and of paving, repairing, cleanfing, lighting, watching and watering the said Streets, Squares, Circufles, Ways, Courts and other public Paffages and Places, and of carrying this A&t into Execution in relation thereto, and in paying off the faid Principal Money, in such manner as the faid Commiffioners fhall think proper.

LXI. And, in order that no undue Preference may be given to any of the Persons entitled to the Principal Monies which fhall be borrowed and fecured on the Credit of the faid Rates or Affeffments, in difcharging fuch Principal Money in pursuance of this A&t; be it further enacted, That when and so often as the Money to be raised by the faid Rates or Affeffments fhall amount to a Sum fufficient to discharge One Fortieth Part of the Principal Money fo to be borrowed or advanced as aforefaid, (over and above what shall be neceffary to pay the growing Intereft upon the faid Principal Money, and the Annuities which may be fecured or granted upon the aforefaid Rates or Affeffments in purfuance of this Act, and the Expences hereinbefore provided for,) the faid Commiffioners for executing this Act fhall cause the Number of all the Mortgages, Affignments or Securities to be granted or made, and then in force for fecuring the Principal Monies borrowed, of which Part fhall be then intended to be paid off, to be written upon diftinct Pieces of Paper of an equal Size, and all fuch Papers to be rolled up in the fame manner as near as may be, and put into a Box or Glafs, and One Number of the faid Mortgages, Affignments or Securities, shall be drawn out of the faid Box or Glafs by the Clerk to the faid Commiffioners, in the Prefence of Three or more of fuch Commiffioners : Provided always, that if it fhall happen that any Mortgage, Affignment or Security, the Number whereof fhall be drawn out as aforefaid fhall be for a greater Sum than One hundred Pounds, no more than One hundred Pounds fhall be discharged in confequence of fuch Number being fo drawn.

Creditors to be paid by Ballot,

LXII. And be it further enacted, That the faid Commiffioners Notice to Perfor executing this Act fhall caufe a Notice figned by their Clerk, to fons whofe be given to or left at the ufual Place of Abode of the Perfon or Per- Money is to be fons whofe Principal Money fhall be intended to be paid off, which paid off. Notice fhall exprefs the Sum to be paid off, together with the Interest due thereon, and that the fame will be paid at the Place to be mentioned in fuch Notice at the Expiration of Six Calendar Months from the Day of giving or leaving fuch Notice as aforefaid, and the Intereft of the Principal Money fo to be paid off fhall, from and after the End of the said Six Calendar Months, cease, and be no longer paid or payable, unless fuch Principal Money fhall be demanded, purfuant to fuch Notice, and not paid, but the Principal Money in refpect whereof such Notice fhall be given, and alfo the Intereft thereof, to the End of the faid Six Calendar Months, shall neverthelefs be payable on Demand.

LXIII. And be it further enacted, That in cafe the faid Commiffioners for executing this Act can at any time borrow or take up any Sum or Sums of Money, at a lower Rate of Intereft than the Mortgages, Affignments or Securities which fhall be then in force fhall bear, it fhall be lawful for the faid laft mentioned Commiffioners, from time to time, to charge the faid Rates or Affeffments, in manner aforefaid, with such Sum or Sums of Money as they shall think pro

per,

Power to borrow Money at lower Interest to discharge Securities at higher.

Commiffioners annually to

make out Account of Re

per, and the Intereft thereof, at fuch lower Rate as aforefaid, and to pay off and difcharge the Mortgages, Aflignments or Securities bearing a higher Rate of Interest.

LXIV. And be it further enacted, That the faid Commiffioners for executing this Act fhall, at their Second Meeting in every Year, cause an Account of the Monies received and disbursed in the preceipts and Dif- ceding Year, and the Amount of the Arrears of Rates then due, and of the Balance of Cash in Hand, to be made out, which Account it fhall be lawful for all Perfons rated or affeffed under and by virtue of this Act to the Rates or Assessments aforefaid, and all Perfons interested therein, at all seasonable times to infpect.

bursements.

Recovery of
Penalties.

LXV. And be it further enacted, That all Penalties and Forfei tures hereinbefore impofed (the manner of recovering which is not hereby otherwife directed) fhall be levied and recovered by Distreís and Sale of the Goods and Chattels of the Offender or Óffenders, by Warrant under the Hand and Seal or Hands and Seals of any Juftice or Juftices of the Peace for the County or Place wherein the Offender or Offenders fhall be or refide, which Warrant fuch Juftice or Juftices is and are hereby empowered to grant, upon Confeffion of the Party, or upon the Information of any credible Witness upon Oath; and fuch Penalties and Forfeitures (or fuch of them, or fuch Part thereof, as are or is not directed to be otherwife applied by this Act) fhall be paid to the Treasurer to the faid Commiffioners for executing this Act, and applied for fuch of the Purposes aforeIf not fufficient faid, as fuch Commiffioners fhall think proper; and in cafe fufficient Diftrefs fhall not be found, or fuch Penalties or Forfeitures shall not be forthwith paid, fuch Juftice or Juftices is and are hereby authorized and required, by Warrant under his or their Hand and Seal or Hands and Seals, to cause the Offender or Offenders to Imprisonment, be committed to the Common Gaol or Houfe of Correction within fuch County or Place, there to remain without Bail or Mainprize for any time not exceeding Six Calendar Months, unless such Penalties or Forfeitures, and all reafonable Charges attending the Recovery thereof, shall be sooner paid and satisfied.

Diftrefs.

Commiffioners

act as Juftices.

LXVI. And be it further enacted, That all fuch Commiffioners in Commiffion of as are or fhall be Juftices of the Peace may act as Juftices in all the Peace may Matters under the Authority of this Act, notwithstanding their being Commiffioners; and that in all cafes where any Juftice or Juftices of the Peace is or are authorized by this Act to examine any Perfon or Perfons on Oath or Affirmation, it shall be lawful for fuch Juftice or Justices, and he and they is and are hereby required to administer such Oath, or to take any Affirmation.

Inhabitants may

LXVII. And be it further enacted, That in all Actions, Profecugive Evidence. tions, Informations, Caufes and Proceedings what foever, relating to or concerning the Execution of this Act, no Person refiding within the Limits of this Act fhall be deemed incompetent to give Evidence, by reafon of fuch Perfon being charged with and liable to pay any Rate or Affeffment by virtue of this Act; and that the faid Commiflioners for executing this Act may fue or be fued in the Name of their Treasurer or Clerk; and that no Action to be brought by or against the faid Commiffioners for executing this Act, or any of them, by virtue of this A&t, fhall abate or be difcontinued by the Death or Removal of any fuch Treasurer or Clerk; but that the Treasurer or Clerk for the time being to fuch Commiffioners shall

Commissioners to fue or be fued in the Name of

their Treasurer or Clerk,

always

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