Companies Clauses Consolidation (Scotland) Act 1845

LVI Arrears of Interest, when to be enforced by Appointment of a Judicial Factor. Arrears of Principal of Interest.

Where by the special Act the Mortgagees of the Company shall be empowered to enforce the Payment of the Arrear of Interest, or the Arrears of Principal and Interest, due on such Mortgages, by the Appointment of a Judicial Factor, then, if within Thirty Days after the Interest accruing upon any such Mortgage or Bond has become payable, and after Demand thereof in Writing, the same be not paid, the Mortgagee may, without Prejudice to his Right to sue for the Interest so in arrear in any competent Court, require the Appointment of a Judicial Factor, by an Application to be made as herein-after provided; and if within Six Months after the Principal Money owing upon any such Mortgage or Bond has become payable, and after Demand thereof in Writing, the same be not paid, the Mortgagee, without Prejudice to his Right to sue for such Principal Money, together with all Arrears of Interest, in any competent Court, may, if his Debt amount to the prescribed Sum alone, or if his Debt does not amount to the prescribed Sum, he may, in conjunction with other Mortgagees, whose Debts, being so in arrear, after Demand as aforesaid, shall, together with his, amount to the prescribed Sum, require the Appointment of a Judicial Factor, by an Application to be made as herein-after provided.