and the overseers of a parish shall have the same powers of levying such separate rate in a contributory place or part of a contributory place forming part of their parish, as they would have if such contributory place or such part thereof formed the whole of their parish. Where a contribution for general expenses is required from a contributory place or part of a contributory place which is part of a parish, the overseers shall from time to time levy such increase of rate from the contributory place or such part thereof as may be sufficient to recoup the parish for the sum it has paid on account of the contributory place or such part thereof in respect of general expenses under this Act, and carry the same to the general account of the parish, and such increase of rate shall be raised in such contributory place or part of a contributory place by an addition to the poor rate, or by a separate rate to be assessed made allowed published collected and levied in the same manner as a poor rate. The officers ordinarily employed in the collection of the poor rate shall, if required by the overseers, collect any separate rate made under this section, and receive out of such separate rate such remuneration for the additional duty as the overseers with the consent of the vestry may determine. The overseers shall at the expiration of their term of office pay any surplus in their hands arising from any separate rate levied in pursuance of this Act, above the amount for which the rate was made, to the rural authority or to such person as they may appoint, to the credit of the contributory place within which or within part of which such rate was made, and such surplus shall go in reduction of the next call that may be made on such contributory place or such part thereof for the purpose of defraying the expenses incurred by the rural authority. See the note to s. 207, ante, and the Introduction, ante, p. lxxx. Land occupied by a canal, and also land occupied with filter beds by a waterworks company, ought to be assessed under 30 & 31 Vict. c. 113, s. 17, at one-fourth of the amount imposed on houses; but land used for the purpose of preparing sand in filter beds, and land occupied by iron pipes, mains, and sewer pipes, at its ordinary rateable value. East London Waterworks Co. v. Leyton Sewer Authority, 40 L. J. M. C. 190; L. R. 6 Q. B. 669. As to the assessment, &c., of poor-rates, see Glen's Poor Law Statutes,' and Archbold's Poor Law,' 12th ed., by Mr. W. C. Glen. A.D. 1875. overseers of 231. If the amount required by any precept of a rural Remedy for authority to be paid by the overseers of any parish is not nonpayment by paid in manner directed by such precept, and within the amount retime therein specified for that purpose, the rural authority quired by preshall have the like remedy for recovery from the overseers cept of rural authority. A.D. 1875. of such amount as is not paid as guardians have for the time being for recovery from overseers of contributions of P.H. 1872, s. parishes, and for that purpose the precept of the rural authority requiring the payment shall be conclusive evidence of the amount thereof. 19. As to private improvement expenses. 232. Whenever a rural authority have incurred or become liable to any expenses which by this Act are, or by San. 1868, s. 6. such authority may be declared to be private improvement expenses, such authority may make and levy a private improvement rate in the same manner as private improvement rates may be made and levied by an urban authority; , and all the provisions of this Act applicable to private improvement rates leviable by an urban authority shall apply accordingly to any private improvement rate leviable by a rural authority. Power to borrow on credit of rates. P.H. 1872, s. 40. L.G., s. 57. BORROWING POWERS. 233. Any local authority may, with the sanction of the Local Government Board, for the purpose of defraying any costs charges and expenses incurred or to be incurred by them in the execution of the Sanitary Acts or of this Act, or for the purpose of discharging any loans contracted PH. 1874, s. under the Sanitary Acts or this Act, borrow or re-borrow, and take up at interest, any sums of money necessary for defraying any such costs charges and expenses, or for discharging any such loans as aforesaid. 36. Regulations as An urban authority may borrow or re-borrow any such sums on the credit of any fund or all or any rates or rate out of which they are authorized to defray expenses incurred by them in the execution of this Act, and for the purpose of securing the repayment of any sums so borrowed with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund or rates or rate. A rural authority may borrow or re-borrow any such sums, if applied or intended to be applied to general expenses of such authority, on the credit of the common fund out of which such expenses are payable, and if applied or intended to be applied to special expenses of such authority, on the credit of any rate or rates out of which such expenses are payable, and for the purpose of securing the repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund rate or rates. 234. The exercise of the powers of borrowing conferred to exercise of by this Act shall be subject to the following regulations; A.D. 1875. (namely,) (1.) Money shall not be borrowed except for permanent borrowing works, (including under this expression any powers. works of which the cost ought in the opinion of the Local Government Board to be spread over 40. a term of years): L.G., s. 57. P.H. 1874, s. 36. The Local Government Board have held a steam roller, a steam pump- S.U. 1865, s. 6. ing engine, and a steam fire engine to be permanent works. (2.) The sum borrowed shall not at any time exceed, with the balances of all the outstanding loans contracted by the local authority under the Sanitary Acts and this Act, in the whole the assessable value for two years of the premises assessable within the district in respect of which such money may be borrowed: (3.) Where the sum proposed to be borrowed with such balances (if any) would exceed the assessable value for one year of such premises, the Local Government Board shall not give their sanction to such loan until one of their inspectors has held a local inquiry and reported to the said board: (4.) The money may be borrowed for such time, not exceeding sixty years, as the local authority, with the sanction of the Local Government Board, determine in each case; and, subject as aforesaid, the local authority shall either pay off the moneys so borrowed by equal annual instalments of principal or of principal and interest, or they shall in every year set apart as a sinking fund, and accumulate in the way of compound interest by investing the same in the purchase of exchequer bills or other Government securities, such sum as will, with accumulations in the way of compound interest, be sufficient after payment of all expenses to pay off the moneys so borrowed within the period sanctioned: (5.) A local authority may at any time apply the whole or any part of a sinking fund set apart under this Act in or towards the discharge of the moneys for the re-payment of which the fund has been established Provided that they pay into the fund in each year and accumulate, until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which Q A.D. 1875. Power to borrow on credit of sewage land and plant. P.H. 1872, s. 41. Form of mortgage. P.H., s. 111. would have been produced by the sinking fund or the part of the sinking fund so applied: (6.) Where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned, unless with the sanction of the Local Government Board, and shall in no case be extended beyond the period of sixty years from the date of the original loan. Where any urban authority borrow any money for the purpose of defraying private improvement expenses, or expenses in respect of which they have determined a part only of the district to be liable, it shall be the duty of such authority, as between the ratepayers of the district, to make good, so far as they can, the money so borrowed, as occasion requires, either out of private improvement rates, or out of a rate levied in such part of the district as aforesaid. See the Introduction, ante, pp. lxii, lxxx. 235. Where any local authority are possessed of any land works or other property for the purposes of disposal of sewage pursuant to this Act they may borrow any moneys on the credit of such lands works or other property, and may mortgage such lands works or other property to any person advancing such moneys, in the same manner in all respects as if they were the absolute owner, both at law and in equity, of the lands works or other property so mortgaged. The moneys so borrowed shall be applied for purposes for which moneys may be borrowed under this Act; but it shall not be in any way incumbent on the mortgagees to see to the application of such moneys, nor shall they be responsible for any misapplication thereof. The powers of borrowing conferred by this section shall, where the sums borrowed do not exceed three fourths of the purchase money of such lands (but not otherwise), be deemed to be distinct from and in addition to the general borrowing powers conferred on a local authority by this Act. Any local authority may pay out of any rates leviable by them for purposes of this Act the interest on any moneys borrowed by such authority in pursuance of this section. 236. Every mortgage authorized to be made under this Act shall be by deed, truly stating the date consideration and the time and place of payment, and shall be sealed with the common seal of the local authority, and may be made according to the form contained in Schedule IV. to this Act, or to the like effect. See Sch. IV., Form H, post, p. 333. A.D. 1875. 237. There shall be kept at the office of the local Register of authority a register of the mortgages on each rate, and mortgages. within fourteen days after the date of any mortgage an P.H., s. 111. entry shall be made in the register of the number and date thereof, and of the names and description of the parties thereto, as stated in the deed. 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. P.H., s. 112. 238. Any mortgagee or other person entitled to any Transfer of mortgage under this Act may transfer his estate and mortgages. interest therein to any other person by deed duly stamped, truly stating its date and the consideration for the transfer; and such tranfers may be according to the form contained in Schedule IV. to this Act, or to the like effect. There shall be kept at the office of the local authority a register of the transfers of mortgage charged on each 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 arrival in the United Kingdom, if executed elsewhere, the same shall be produced to the clerk of the local authority, who shall, on payment of a sum not exceeding 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 until such entry is made the local authority shall not be in any manner responsible to the transferee. On the registration of any transfer the transferee his executors or administrators, shall be entitled to the full benefit of the original mortgage and the principal and interest secured thereby; and any transferee may in like manner transfer his estate and interest in any such mortgage; and no person except the last transferee his executors or administrators shall be entitled to release or discharge any such mortgage or any money secured thereby. If the clerk of the local authority wilfully neglects or refuses to make in the register any entry by this section |