City of Dublin Act 1775

14 commissioners may demise or mortgage assessment in each division as security for loan thereon,

by writing under common seal.

IX. Provided always, and be it further enacted by the authority aforesaid, that the said commissioners, or any fourteen or more of them, (any thing in this or in said recited act to the contrary notwithstanding) may, and they are hereby empowered, to borrow at interest upon the credit of the said rates and assessments in each of said five divisions in said recited act mentioned, and in each of the said two divisions hereby added, such sums as they shall find necessary for the purposes in said acts mentioned, in each of such divisions respectively; and may demise or mortgage the said rates and assessments in each of the said divisions respectively, or any part thereof (the costs of such mortgage to be paid out of such rates and assessments) as a security to any person who shall advance such sum or sums, by writing under their common seal, in the words or to the effect following:

“By virtue of an act made in the fifteenth and sixteenth years of the reign of his Majesty king George the third, entitled, An act to explain and amend an act for paving the streets, lanes, quays, bridges, squares, courts, and alleys, within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned, we the commissioners for paving the streets of Dublin in consideration of the sum of to the treasurer of the said commissioners in hand paid do grant, bargain, sell, and demise unto A. B. his executors, administrators, and assigns, such proportion of the rates and assessments arising in division, by virtue of an act passed in the thirteenth and fourteenth years of his present Majesty’s reign, entitled, An act for paving the streets, lanes, quays, bridges, squares, courts, and alleys, within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned, and said act made in the fifteenth and sixteenth years of his said Majesty’s reign, as the said sum of doth or shall bear to the whole sum advanced or to be advanced on the credit thereof, to be had and holden from this day of in the year of our Lord for and during the continuance of the said acts, unless the said sum of with interest, at the rate of per centum per annum Shall be sooner repaid arid Satisfied.”

copies entered,

money applied where raised,

lender not answerable for application,

Service of notice or process treasurer sufficient.

And that copies of all such mortgages or securities shall be entered in the books or other records of the said commissioners; and that the sum, so raised in each division in said recited act mentioned, shall be applied and disposed of in the division, upon which the same shall be so raised; and the person or persons, so lending or advancing any money upon the credit of this or the said recited act, shall not be answerable or accountable for the application or non-application of the same; and it shall be necessary on any suit or controversy whatsoever to prove only the advancing and payment of the same to the said treasurer; and in all cases whatsoever, where any notice or process issuing out of any court of law or equity relative to this or said former act shall be necessary to be served on said commissioners, or the corporation erected by said recited act, service of the same on the treasurer appointed by said commissioners under said act shall be deemed and adjudged good and sufficient service to all intents and purposes whatsoever.