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Commissioners may make advances on works yielding a certain net profit from tolls, &c.;
and shall take mortgages to secure repayment by instalments, &c.;
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30. Provided always, that it shall and may be lawful for the said commissioners for the execution of this Act to make advances under this Act in aid, extension, or improvement of any work from which rates, rents, tolls, or profits shall be accruing or arising, and have accrued or arisen for a term of seven years previous, and have yielded during such term of years a clear average annual surplus, beyond all charges of management, repairs, and other outgoings, to an amount at least double that of the interest required by such commissioners on the sum proposed to be advanced; and that in all such cases the said commissioners for the execution of this Act shall require the repayment of the whole principal money advanced within a period of twenty-five years from the date of the said advance, such repayment to be made by instalments, the first whereof to be made and payable within the period of five years at farthest from the date of such advance, and the remaining instalments to be made and payable at such future times within the said period of twenty-five years as the said commissioners shall appoint, together with interest at a rate not less than four pounds per centum per annum on the principal from time to time remaining due; and that in order to insure the repayment of the said amount of principal and interest by such instalments and within such period as aforesaid the commissioners for the execution of this Act shall and may take and require mortgages, assignments, or other competent assurance, on such work or undertaking, and on all property of what nature or kind soever belonging thereto, and on the rates, rents, tolls, profits, and receipts, of what nature or kind soever, accruing or which may at any time thereafter accrue, arise, or be taken, collected, or received by or for the use of the body politic or corporate, or company of proprietors, trustees, or commissioners, or other parties or persons interested in the work or undertaking in respect or in aid of which such advance may be made.
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