seven (a), to be construed in reference to any offence com- 38 & 39 Vict mitted under such last-mentioned Act. *** Application of Act to Scotland. Cap. 86. 18. This Act shall extend to Scotland, with the modi- Application fications following; that is to say, to Scotland (1.) The expression “municipal authority" means the Definitions town council of any royal or parliamentary burgh, or the commissioners of police of any burgh, town, or populous place under the provisions of the General Police and Improvement (Scotland) Act, 1862, or any local authority under the provisions of the Public Health (Scotland) Act, 1867: [(2.) Repealed by Statute Law Revision (No. 2) Act, 1893.] [19-20. Recovery of penalties, &c. and appeal in Scotland. In part repealed by Statute Law Revision (No. 2) Act, 1893.] *** Application of Act to Ireland. 21. This Act shall extend to Ireland, with the modi- Application fications following; that is to say, [Definition of Summary Jurisdiction Act and Court of Summary Jurisdiction repealed by Statute Law Revision (No. 2) Act, 1893.] *** The expression "municipal authority" shall be construed to mean the town council of any borough for the time being, subject to the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, entitled "An Act for the Regulation of Municipal "Corporations in Ireland," and any commissioners invested by any general or local Act of Parliament, with power of improving, cleansing, lighting, or paving any town or township. to Ireland. 38 & 39 Vict., Cap. 89. Short title. Extent of Act. Constitution, &c. of Public Works Loan Commissioners. Loans for PUBLIC WORKS LOANS ACT, 1875. 38 & 39 Vict., Cap. 89. An Act to consolidate 1. This Act may be cited as the "Public Works Loans Act, 1875." [2. Commencement of Act. Repealed by Statute Law Revision (No. 2) Act, 1893.] 3. This Act shall extend to the Isle of Man. 4. For the purpose of loans out of moneys issued in pursuance of this Act, and for the purpose of the execution of this Act and of any enactment passed or hereafter to be passed authorising or referring to such loans, there shall be a body of Commissioners (in this Act referred to as the Loan Commissioners), who may be styled the Public Works Loan Commissioners. Every person who may from time to time be appointed by Act of Parliament a Public Works Loan Commissioner shall, on signing the declaration in the second schedule to this Act, be deemed to be one of the Public Works Loan Commissioners under this Act. The Public Works Loan Commissioners shall hold office during such period as may be authorised by any Act appointing them, and if no period is so authorised, during the period of five years after the passing of such Act, and, if at the expiration of such period successors have not been appointed, may continue to hold office until successors be appointed, subject to this qualification, that they shall not grant any new loan after the expiration of such period. *** A Public Works Loan Commissioner shall not receive any salary, fee, or emolument in respect of his services as such Commissioner. *** 9. The Loan Commissioners may, if they think it public works. expedient, from time to time, in manner mentioned in this Cap. So. Act. make loans for the purpose of any of the works 38 & 39 Vict., mentioned in the first schedule to this Act, to any person having power under an Act of Parliament or otherwise to borrow for such purpose. The Loan Commissioners in considering the propriety of granting a loan shall have regard to the suffici ency of the security for its repayment, and, subject to the provisions of any special Act, shall determine whether the work for which the loan is asked would be such a benefit to the public as to justify a loan out of public money, having regard to the amount of money placed at their disposal by Parliament. 10. Every loan granted under this Act shall bear Interest on interest at a rate not less than the rate authorised by a loan. special Act relating to such loan, or if no rate be so authorised, not less than five per cent. per annum (a); *** 11. Every loan granted under this Act shall be made Term of years repayable by instalments (in the form of an annuity or for repayment otherwise) within a period from the date of the actual of loan. advance of such loan, not exceeding the period authorised by a special Act relating to such loan, or if no period be so authorised not exceeding twenty (b) years. Where a loan has been granted repayable within a period less than the full period allowed by the foregoing provisions of this section, the Loan Commissioners, if the repayment of the loan with interest is in their opinion sufficiently secured by such security as is required by this Act, and if they think fit, may extend the period for the repayment of such loan to a period not exceeding the said full period from the date of the advance of such loan. Where no period is authorised by a special Act relating to the loan, the Treasury, on the recommendation of the Loan Commissioners, stating special circumstances, may either before or after the grant of the loan, extend the period within which the loan is to be repaid to such period as may be recommended by the Loan Com missioners. The Loan Commissioners in considering whether the period for the repayment of a loan should or should not be the said full period, and the Loan Commissioners and the Treasury in considering whether the period should be (a) This section, and s. 2 of the Public Works Loans Act, 1879, as to cases in which the rate of interest fixed by the special Act is a special rate less than five per cent., are, in their application to loans granted after 28th June, 1892, to have effect as if four per cent. were therein substituted for five per cent. See Public Works Loans Act, 1892, s. 2. (b) Thirty now substituted for twenty. See Public Works Loans Act, 1898, s. 5. 38 & 39 Vict., extended as aforesaid, shall have regard to the durability Cap. 89. of the work for the purpose of which the loan is granted, and to the expediency of the cost of the work being paid by the generation of persons who will immediately benefit by such work. Security for loans. The first instalment for the repayment of every loan shall be made payable within a period not exceeding five years from the date of the advance of such loan. 12. The Loan Commissioners before advancing any money on account of a loan shall take security for the repayment of the loan with the interest, consisting of the security authorised by the special Act relating to the loan, or if none is so authorised, of a mortgage of property or of a rate, or of both property and a rate, and (save as herein-after mentioned) of personal security. The Loan Commissioners may, if they think fit, dispense with personal security in any case in which in their opinion the mortgaged property or rate is sufficient security for the payment of the principal and interest of the loan within the stipulated period. Works for the Purpose of which the Commissioners may lend Money. *** Waterworks established or carried on by a sanitary or other local authority. I, A.B., do hereby declare that according to the best of my judgment I will faithfully and impartially execute the powers and duties of a Public Works Loan Commissioner according to law. BURGHS GAS SUPPLY (SCOT- 39 & 40 Vict., Cap. 49. An Act to make provision for lighting Burghs in Scotland with Gas. Introductory words.] 11th August 1876. 1. This Act may be cited as “The Burghs Gas Sup- Short title ply (Scotland) Act, 1876." 2. The provisions of this Act shall not empower the Application town council or commissioners of police of any burgh in et Act limited which this Act shall be adopted, as commissioners under this Act, to supply gas within any part of the area of supply over which the town council or commissioners of police of any other burgh, or any gas company, incorporated by Act of Parliament, or any company, partnership, or person authorised by any Provisional Order confirmed by Act of Parliament, shall have statutory powers to supply gas at the date of the adoption of this Act in such burgh. of terms. 3. The following expressions in this Act have the Interpretation meanings hereby assigned to them; that is to say, "Burgh" shall mean Royal burgh and Parliamentary burgh, and includes every burgh and place having town councillors or commissioners of police elected under any General or Local Act of Parliament : Commissioners" means the authority for executing this Act in any burgh in which the same shall be adopted: *** "Company means any person, persons, company, or companies carrying on the business of a gas company: *** [4-5. Adoption of the Act.] * * * II. Incorporation of Acts. 6. *** "The Gasworks Clauses Act, 1847," except 10 & 11 Vict., the clauses thereof with respect to the amount of profit to be received by the undertakers when the gasworks are c. 15. incorporated. |