Commissioners Clauses Act 1847

Section 75.

SCHEDULE (B) U.K. Form of Mortgage

By virtue of [here name the special Act], we [here name the corporation, if the commissioners be incorporated, or if not incorporated, five of the commissioners,] appointed in pursuance of the said Act, in consideration of the sum of   paid to the treasurer to the said commissioners by A.B. of  , for the purposes of the said Act, do grant and assign unto the said A.B., his executors, administrators, and assigns, such proportion of the rates, rents, profits, and other monies arising or accruing by virtue of the said Act from [here describe the rates or other property proposed to be mortgaged] as the said sum of  doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said rates, rents, profits, or monies, to hold to the said A.B., his executors, administrators, and assigns, from this day until the said sum of  , with interest at  per centum per annum for the same, shall be fully paid and satisfied (the principal sum to be repaid at the end of  years from the date hereof [in case any period be agreed upon for that purpose]). Given under our corporate seal [or, In witness whereof we have [F1 hereunto set our hands and seals][F1 executed this instrument as a deed], F2 [F3 or, if the deed be granted in Scotland, insert the testing clause required by the law of Scotland, as the case may be, ] ] this  day of  one thousand eight hundred and [F3 [or, if the document is granted under Scots law, insert testing clause+]

Textual Amendments

F1 Words in Sch. substituted (N.I.) (15.11.2005) by The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/1452), art. 1(2), Sch. 1 para. 8; S.R. 2005/494, art. 2(1)(c)

F2 Words in Sch. B repealed (S.) (1.8.1995) by 1995 c. 7, ss. 14(1)(2), 15(2), Sch. 4 para. 7, Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

F3 Words in Sch. B added (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 7 (with ss. 9(3)(5)(7), 13, 14(3)

+Note—As regards a document granted under Scots law, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]