Commissioners Clauses Act 1847

82 Repayment of money borrowed when no time or place has been agreed upon.U.K.

If no time be fixed in the mortgage deed or assignation in security for the repayment of the money so borrowed, the party entitled to receive such money may, at the expiration or at any time after the expiration of twelve months from the date of such deed, demand payment of the principal money thereby secured, with all arrears of interest, upon giving six months’ previous notice for that purpose, and in the like case the commissioners may at any time pay off the money borrowed, on giving the like notice; and every such notice shall be in writing or print, or both, and if given by a mortgagee or creditor shall be delivered to the clerk or left at the office of the commissioners, and if given by the commissioners shall be given either personally to such mortgagee or creditor, or left at his residence, or if such mortgagee or creditor be unknown to the commissioners, or cannot be found after diligent inquiry, such notice shall be given by advertisement in the London Gazette, if the office of the commissioners is in England, the Edinburgh Gazette, if it is in Scotland, or in the [F1Belfast Gazette], if it is in Ireland.

Textual Amendments

F1Words substituted by virtue of S. R. & O. 1921/1804 (Rev. XVI p. 967: 1921 p. 422) art. 7(a)

Modifications etc. (not altering text)

C1S. 82 incorporated (E.W.S) (18.6.2001) by S.I. 2001/2184, art. 2

S. 82 incorporated (E.W.S) (18.6.2001) by S.I. 2001/2185, art. 2