Retiring members of

person who acts (g) as a member of any such board or vestry, or as auditor of the accounts thereof, after ceasing to be such member or auditor as aforesaid, or who, being a shareholder in any joint stock company, votes upon any question in which such company is interested, and any person who acts as a member of any such vestry as aforesaid without being qualified by rating and occupation as required by this Act, shall for every such offence be liable to a penalty of 50/., which may be recovered by any person who may sue for the same in any of the superior courts of law, with full costs of suit: Provided also, that all acts and proceedings of any person ceasing to be such member or auditor, or disabled from acting as aforesaid, shall, if done previously to the recovery of such penalty, be valid and effectual to all intents and purposes whatsoever.

LV. Any member of the metropolitan board of works, or of any vestry elected for any parish mentioned in schedule (A.) or (B.) to this Act, or of the board of works for any district, may at any time resign his office, such resignation of any member of the metropolitan board of works to be notified in writing signed by such member to the chairman of such board, and such resignation of any vestryman or member of any such district board to be notified in writing signed by such vestryman or member to the churchwardens of the parish for which he was elected.

LVI. Any member of the metropolitan board of works, or of any district board of works, or of any such vestry, vestries may going out of office, shall, if qualified, be capable of im

boards and

be re-elected.

No resolution of me

mediate re-election,

LVII. No resolution or other act of the metropolitan

(g) As to what is an evidence of acting, see Williams v. Thomas, 4 Ex. 479; Charlesworth v. Radgard, 1 C. M. & R 498; Doe v. Young, 8 Q. B. 63.

any district

any vestry,

quent meet

circum

board of works, or of the board of works for any dis- tropolitan or trict, or of any such vestry, shall be revoked or altered board, or of at any subsequent meeting, unless such subsequent to be revoked meeting be specially convened for the purpose (h), nor at a subseunless such revocation or alteration be determined upon ing, unless by a majority consisting of two thirds of the members under certain of the board, or of the vestrymen present at such sub- stances. sequent meeting, if the number of members or vestrymen present at such subsequent meeting be not greater by one fifth than the number present when such resolution was made or such act was done, but if the number of members or vestrymen present at such subsequent meeting be greater by one fifth than the number present at such former meeting, then such revocation or alteration may be determined upon by a mere majority.

may be

LVIII. It shall be lawful for the metropolitan board Committees of works, and the board of works for any district, and appointed. any such vestry respectively, to appoint a committee or committees for any purposes which, in the discretion of the board or vestry, would be better regulated and managed by means of such committee, and at any meeting to continue, alter, or discontinue such committee: Provided always, that the acts of every such committee shall be submitted to the general body of the board or vestry appointing such committee for their approval (i).

Powers of

LIX. Every committee so appointed may meet from time to time, and may adjourn from place to place, as committees. they may think proper, for carrying into effect the pur

poses of their appointment; but no business shall be

(h) As to mode of convening a special meeting in the case of the metropolitan board, see s. 52, ante; of vestries, see 19 & 20 Vict. c. 112, s. 9, post, and note (f) to sect. 28, and note (c) to sect. 52, ante; and of district boards, s. 40, ante.

(i) That part of this section which provides that the acts of every committee shall be submitted to the general body for approval is repealed so far as concerns the metropolitan board, and other provisions are substituted; 25 & 26 Vict. c. 102, s. 31, post.

Minutes of proceedings

litan and district

boards and of vestries

transacted at any meeting of the committee unless three members of the committee are present.

LX. Entries of all proceedings of the metropolitan of metropo- board of works and every such district board, and of any such vestry, with the names of the members who attend each meeting, shall be made in books to be provided and to be entered. kept for that purpose, under the direction of the board or vestry, and shall be signed by the members present, or any two of them; and all entries purporting to be so signed shall be received as evidence, without proof of any meeting of the board or vestry having been duly convened or held, or of the presence at any such meeting of the persons named in any such entry as being present thereat, or of such persons being members of the board or vestry, or of the signature of any person by whom any such entry purports to be signed, all which matters shall be presumed until the contrary be proved; and every such board and vestry shall provide and keep books in which shall be entered true and regular accounts of all sums of money received and paid by them or under their authority, and of all liabilities incurred by them, and of the several purposes for which such sums of money are received and paid and such liabilities incurred, and copies of all contracts entered into by any such board or vestry.

All books to be open to

LXI. All such books shall at all reasonable times be inspection. open to the examination of every member of the board and vestry respectively to which such books belong, and of every owner of property, churchwarden, overseer, and ratepayer within the metropolis, as regards books of the said metropolitan board, and of every owner of property, churchwarden, overseer, and ratepayer within any district or parish, as regards books belonging to the district board or vestry thereof (as the case may be), and of every creditor on the rates raised under this Act by any such board or vestry respectively, without fee or reward, and they respectively may take copies of or ex

tracts from such books or any part thereof, without paying for the same; and in case the members of the board or vestry, or any of them, or any of the officers or servants of the board or vestry having the custody of the said books, being thereunto reasonably requested, refuse to permit or do not permit any such owner of property, churchwarden, overseer, ratepayer, or creditor to examine the same, or take any copies or extracts, every such member, officer, or servant so offending shall for every such offence, upon a summary conviction thereof before two justices, forfeit any sum not exceeding 107.

trict boards,

officers,

LXII. The metropolitan board of works, and (subject Power to metropolitan to the provisions herein contained) the board of works board, disfor every district under this Act, and the vestry of every and vestries parish mentioned in schedule (A.) to this Act, shall re- to appoint spectively appoint or employ, or continue for the purposes of this Act, and may remove at pleasure, such clerks, treasurers, and surveyors, and such other officers and servants as may be necessary, and may allow to such clerks, treasurers, surveyors, officers, and servants respectively such salaries and wages as the board or vestry may think fit.

treasurer not

son.

LXIII. No person holding the office of treasurer under Clerk and the metropolitan board, or any district board, or any such to be the vestry, nor his partner, nor any person in the service or same peremploy of them or either of them, shall hold, be eligible to, or 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 in any manner assist or officiate in the office of treasurer; and every person offending in any of the cases specified in this provision shall forfeit and pay the sum of 100., which may be recovered by any person, with full costs of suit, by action in any of the superior courts of law.

Penalty on officers, &c. being inte

rested in contracts, or ex

LXIV. No officer or servant of the metropolitan board, or of any district board or any such vestry, shall be in anywise concerned or interested in any contract or work acting fees. made with or executed for such board or vestry (k); and if any such officer or servant be so concerned or interested, or, 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 such board or vestry, and shall forfeit and pay the sum of 501., which may be recovered by any person, with full costs of suit, by action in any of the superior courts of law; provided that no person, being a shareholder of any joint stock company, shall be prevented from being employed as an officer or servant by reason of any contract between such company and such board or vestry, or of any work executed by such company.

Officers, &c. intrusted

to give secu

LXV. Before any officer or servant as aforesaid enters with money upon any office or employment under this Act, by reason rity for duly whereof he will or may be intrusted with the custody or control of money, the board or vestry shall require and take from him such security (1), for the faithful exe

accounting

for the same.

(k) See notes to sect. 54, ante, as to what is a contract within that section.

(1) See as to what constitutes the forfeiture of a bond for the due payment of monies received by a railway clerk, London, Brighton, and South Coast Railway Company v. Goodwin, 3 Ex. 736. As to what change in duties of a collector of poor rates is insufficient to relieve his surety from liability, see Guardians of the Portsea Island Union v. Whillier, 29 L. J. (N. S.) M. C. 171. Where the duties of an office are essentially changed and the risk of the surety increased, the surety will be discharged; Pybus v. Gibb, 26 L. J. (N. S.) Q. B. 41. See as to the liabilities of sureties for collectors and other officers on a change of duties and in other events, Bartlett v. the Attorney-General, Parker, 277; Oswald v. Mayor of Berwick-on-Tweed, H. L. Ca. 856; 25. L. J. (N. S.) Q. B. 383; Mayor of Clifton Dartmouth Hardness v. Silly,