Appointment of Surveyor, Inspector, &c.

c. 63.

71

officer and servant shall be removable by the 11 & 12 VICT. said local board at their pleasure,subject nevertheless, in the case of the removal of the surveyor, to the approval of the general board of health:

Provided always, that the same person may Same person be both surveyor and inspector of nuisances; veyor and

salary of 2501. per annum; an assistant surveyor of the roads, at a salary of 75%. per annum; a consulting engineer, assistants, book-keeper, and a treasurer (who finds security by the deposit of 2000%. consols in the hands of four members of the board, in trust).

They have taken security from the treasurer and collector, but not from the clerk. In a case submitted (Nov. 20, 1850), the General Board thought it would be "well," although not obligatory on the local board, to take such security from the clerk. In another case (March 10, 1851), they thought it must be for the local board to determine what was good and sufficient security for a treasurer; that the appointment would not be invalidated by the non-execution of a bond in the common form with sureties, but that the local board must incur any liability that might accrue in the event of their appointing a treasurer without the usual legal guarantees: and in another case (May 5, 1851), that the appointment of the chairman of a local board as treasurer appeared inconsistent with the provisions of the 19th section of the Act. In the case of Croydon, all payments are made by cheques drawn upon a banker (nominated by the treasurer), signed by three members of the board, and countersigned by the clerk.

The General Board were also of opinion (June 19, 1851), that the appointment of clerk in the case of a partnership would be of an individual of that partnership. And in another case (January 14, 1851), that the meeting of a local board in a corporate district, summoned by the clerk (not being the town clerk), was a legal meeting for the purposes of the Act.

may be sur

HEALTH ACT,

nuisances, but

treasurer.

PUBLIC but neither the person holding the office of 1848. treasurer, nor his partner, nor any person in the inspector of service or employ of them or either of them, not clerk and shall hold, be eligible to, or shall in any manner assist or officiate in the office of clerk; and neither the person holding the office of clerk, nor his partner, nor any person in the service or employ of them or either of them, shall hold, be eligible to, or shall in any manner assist or officiate in the office of treasurer ;

Penalty upon officers, &c. interested in contracts or taking fees

And whosoever offends in any of the cases enumerated in this proviso shall forfeit and pay the sum of one hundred pounds, which may be recovered by any person, with full costs of suit, by action of debt.

38.

XXXVIII. And be it enacted, that no officer or servant appointed or employed by or under the local board of health shall in anywise be improperly. concerned or interested in any bargain or contract made with such board for the purposes of this Act;

And if any such officer or servant be so concerned or interested, or shall, under colour of his office or employment, exact, take, or accept any fee or reward whatsoever, other than his proper salary, wages, and allowances, he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall forfeit and pay the sum of fifty pounds, which may be recovered by any

c. 63.

person with full costs of suit by action of debt 11 & 12 VICT. (k).

39.

intrusted

give security,

account.

XXXIX. And be it enacted, that before Officers, &c. any such officer or servant enters upon any with money to office or employment under this act by reason and to whereof he will or may be intrusted with the custody or control of money, the local board of health by whom he is appointed shall require and take from him sufficient security for the faithful execution of such office or employment, and for duly accounting for all moneys which may be intrusted to him by reason thereof;

And every such officer or servant employed in the collection of rates under the authority of this Act shall, within seven days after he shall have received any money on account of such rates, pay over the same to the treasurer,

and shall, as and when the said local board may direct, deliver a list, signed by him, containing the names of all persons who have neglected or refused to pay any such rate, and the sums respectively due from them; and every officer and servant appointed or employed by or acting under the said local board shall re

(k) The General Board were of opinion (Dec. 23, 1850), on a case submitted, that where the local board by the terms of the contract impose the expense of preparing it on the contractor, they are at liberty to do so, and the clerk (who had prepared the contract, and duplicate, and specification) was at liberty to receive a fair remuneration from the contractors for the same.

E

PUBLIC HEALTH ACT, 1848.

Summary

proceedings

case of failing

to account,

&c.

spectively, when and in such manner as shall be required by such board, make out and deliver to them a true and perfect account in writing of all moneys received by him for the purposes of this Act, and stating how,--and to whom,

-and for what purpose--such moneys have been disposed of, and shall, together with such account, deliver the vouchers or receipts for all payments made by him,--and pay over to the treasurer all moneys owing by him upon the balance of accounts;

And if any such officer or servant fail to to be taken in render such account, or to produce and deliver up such of the said vouchers and receipts as may be in his possession or power, or to pay over any such moneys as aforesaid,--or if for the space of five days after being thereunto required he fail to deliver up to the said local board all papers and writings, property, effects, matters, and things in his possession or power relating to the execution of this Act, or belonging to such board, then and in every such case a justice shall, on complaint being made to him in that behalf, summon the party charged to appear and answer the complaint before two justices at a time and place to be specified in the summons;

And upon the appearance of the party charged, or upon proof that the summons was personally served upon him, or left at his last known place of abode or business, and if it appear to the last-mentioned justices that he

-or to 11 & 12 VICT,

has failed to render any such accounts-
produce and deliver up any such vouchers or
receipts, or any such papers, writings, property,
effects, matters or things as aforesaid, and that
he still fails or refuses so to do,

They may, by warrant under their hands and seals, commit the offender to gaol, there to remain, without bail, until be shall have rendered such accounts, and produced and delivered up all such vouchers, receipts, books, papers, writings, property, effects, matters, and things, in respect of which the charge was made;

And if it appear that the party charged has failed to pay over any such moneys as aforesaid, and that he still fails or refuses so to do, the last-mentioned justices may, by a like warrant, cause the same to be levied by distress and sale of his goods and chattels, and in default of any sufficient distress commit him to gaol, there to remain, without bail, for a period of three months (1), unless such moneys be sooner paid :

Provided always, that if the complainant, by deposition on oath, show to the satisfaction of any justice that there is probable cause for believing that the party charged intends to

(1) Notwithstanding the proceedings before justices authorised by this Act, an action still lies on the part of the local board against a defaulter. (Lichfield v. Simpson, 8 Q. B. 65; Barry v. Arnaud, 10 A. & E. 646.)

c. 63.