246 REPAYMENT OF AMOUNT OF MORTGAGE. Principal and Interest of Mortgages; repayment of by equal annual payments. As it is very desirable that the amount of money raised by a local board of health should, both principal and interest, be paid off by an equal annual sum; the following arrangement has, at my suggestion, been adopted by the Croydon board, and has since been carried out, in two or three instances, by my friend, Arthur Burrows, Esq., of Lincoln's Inn, barrister at law; to him I am indebted for the following FORM OF MORTGAGE: day of by this deed, signed by day of and in the By virtue of "The Public Health Act, 1848," and in pursuance of a Report of The General Board of Health, under the same Act, given under its seal of office, and the hands of two of the members thereof, and dated the 185, and an order of her Majesty, made by and with the advice of her Privy Council upon such report, and bearing date the published in the London Gazette of the day of the same month, the Local Board of Health in and for the district of· county of being five members of the said local board of health, and under the common seal of the said local board, and in pursuance of a written authority of the said General Board of Health, under its seal of office and the hands of two of the members thereof, dated the day of. whereby the said General Board sanction the borrowing at interest by the said local board of the sum of 16207., according to the provisions of the said Act, and in consideration of the said sum of 16207. paid for the purposes of the said Act to of the town of the treasurer of the said district, by Life Assurance Society, carrying on in the City of London, out of the moneys of the said society, the receipt whereof is hereby acknowledged, do grant and assign, according to the powers and provisions of the said Act, unto the said their executors, administrators, and assigns, All and every* the special district rates or assessments which shall or may at any time or times hereafter be made or raised or otherwise become payable by virtue of the said Act, from or out of the said district or any part thereof, together with all powers which can or may be given or granted for recovering the same and the benefit aforesaid, trustees of the business in *The parliamentary form, assigning only a proportion of the rates, has been objected to as uncertain and requiring an account; the form is only permissive, and the 107th sec. of the Act gives power to assign all the rates; the assignment is, however, here made only according to the powers of the Act. their executors, ad thereof; To hold the same unto the said ministrators, and assigns, from the day of the date thereof until the said sum of 16201., with interest for the same after the rate of 47. 10s. for every 100l. by the year, from the day of the date of these presents until full payment thereof, and also all costs incurred by them or any of them by reason of or under this security shall be fully paid and satisfied; And it is hereby declared that the said principal and interest moneys shall be paid and payable at the office of the said Life Assurance Society for the time being, in manner following, that is to say, the interest on such principal sum of 16201., or on so much thereof as shall from time to time remain due and payable under the security of these presents, to be paid and payable by equal half-yearly payments on the day of made on the day of and the in every year, the first payment thereof to be day of next; and such principal sum to be paid and payable by thirty annual instalments, as hereinafter mentioned, on the day of in each of the next succeeding thirty years, towards the discharge of the same principal sum, until the whole shall be fully satisfied and discharged, and the amounts of such respective instalments of principal to be paid in each such year, and the amounts to be from time to time paid for interest thereon, to be as specified in the schedule hereunder written, and all such payments to be made without any deduction whatsoever, save for income tax whilst payable. Dated this of in the year of our Lord, 185. THE SCHEDULE ABOVE REFERRED TO. Instal ments of Interest. Principal. day £. s. d. £. s. d. 172 18 0 16th year 27 15 071 14 117th.. 248 Received on the day of the date of the within written deed, of and from the within named the sum of 16201., being the con sideration money within expressed to be paid by them to me. Witnes Treasurer of the local board of health, EXPLANATORY TABLE. APPENDIX, No. IV., p. 24. Form of Petition to General Board of Health by the inhabitants desirous of having the Public Health Act applied to their district.-If one-tenth of the inhabitants rated to the relief of the poor of any district having a defined boundary are of opinion that it is desirable that the Public Health Act shall be applied to their district, the following form of petition "to the General Board of Health, Whitehall Place, London," may be adopted, and forwarded to the general board after having been signed by at least 30 persons: "We the undersigned being inhabitants of the county of (the said - in having a well known or defined boundary) and being rated to the relief petition the general board of health (appointed under the Public Health Act, 1848) to cause an inspector to visit the said with a view to the application of the said Public Health Act to the said parish." APPENDIX, No. V. (See ante, p. 139.) Highway Rates.-The opinion given by the officers of the Crown (see p. 139) not being deemed free from doubt, the case was submitted, February 23, 1852, to Sir A. E. Cockburn and Sir W. P. Wood, whose opinion was found to be entirely different from that previously given: they remark" It appears to us that the opinion given by the law officers of the date of 15th June, 1850, is erroneous, and cannot be sustained. It appears to have proceeded on the ground that the expenses of the local boards in maintaining the highways are necessarily to be defrayed by the district rate provided for by s. 87, and which, by s. 88, is to be assessed as therein is prescribed. We think this view incorrect. "The 87th section evidently contemplates the levying of other rates besides the district rate; for it enables the local board to make and levy, when occasion may require, in addition to any other rate, a rate or rates to be called 'general district rates,' for defraying such expenses as are charged upon that rate by this Act, and such expenses of executing this Act in any district, as are not provided for by any other rate, or defrayed out of the district fund account. By the 117th section, the office of surveyor of highways, with its incidental duties and powers, is transferred to the local board, except so far as the same may be inconsistent with the provisions of the Act. One of the powers incidental to the office is that of making a highway rate. Is the exercise of that power inconsistent with the provisions of the Act? We do not see how that can be said, seeing that the 87th section clearly refers to other rates, and grants the district rate as supplemental thereto. "But what, in our judgment, places the matter beyond a doubt is the proviso at the end of s. 117, that' neither the allowance of justices, nor the signature by the local board of health, shall be necessary in the case of any rate made by the local board of health under the Act.' Now this allowance and signature are rendered necessary to a rate made by a survey or by 5 & 6 Will. IV., c. 56, s. 27. It |