Section 58. the acts of every such committee shall be submitted to the general body of the board or vestry appointing such committee for their approval (a).

Powers of committees.

Minutes of

proceedings of metropolitan and district

boards and of

vestries to be entered.

All books to be open to inspection

59. Every committee so appointed may meet from time to time, and may adjourn from place to place, as they may think proper, for carrying into effect the purposes of their appointment; but no business shall be transacted at any meeting of the committee unless three members of the committee are present.

60. Entries of all proceedings of the metropolitan 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 kept for that purpose (b) 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.

61. All such books shall at all reasonable times be 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 (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 extracts 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

(a) 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. Where a committee appointed under an authority given by the Land Drainage Act, 1861, delegated its duties to a committee of three members, it was decided that every act must be the joint act of the three, and it was not competent for them to apportion their duties among themselves; Cook v. Ward, L. R. 2 C. P. D. 255 (C. A.)

(b) In a suit to restrain a local board of health from discharging sewage into a stream, the minute book of the board was, under the circumstances of the case, ordered to be deposited in the Record and Writ Clerks' Office in London; Att.-Gen. v. Whitwood Local Board, 40 L. J. Ch. 592. See further, R. v. Mayor of York, 1 E. & B. 588.

permit or do not permit any such owner of property, churchwarden, Section 61. 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 £10.

62. The metropolitan board of works, and (subject to the provisions herein contained) the board of works for every district under this Act, and the vestry of every parish mentioned in schedule (A.) to this Act, shall respectively 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.

Power to metropolitan board, district boards, and vestries to appoint officers

(c).

treasurer not to be the same person.

63. No person holding the office of treasurer under the metropoli- Clerk and tan board, or any district board, or any such vestry, 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 clerk (d); 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.

64. 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 made with or executed for such board or vestry (e); 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 (ƒ) he shall be incapable of

(c) See continued employment not under seal by a new corporation, of an attorney retained under seal by the old corporation; Mallam v. Guardians of Poor of Oxford, 2 E. & E. 192. And as to the authority of commissioners under a local Act to employ an attorney, Hall v. Taylor, Ell. Bl. & Ell. 107.

(d) See as to the employment of the clerk of a clerk as assistant treasurer; Hawkings v. Newman, 4 M. & W. 613. And as to proceedings for penalties under the Municipal Corporation Acts, 1835 and 1861, against borough justices for appointing as their clerk a person who was clerk of the peace for the county, refer to Brown v. Downs, 10 Cox Mag. Ca. 444.

(e) See note to section 54, ante, as to what is a contract within that section. The supply of bricks for use of a local board of health, of which their surveyor was the patentee, was decided not to be an illegal contract within the Public Health Act, 1848; Wednesbury v. Stevenson, 27 J. P. 741.

(f) Gratuities to officers paid out of rates were held unlawful, Ex parte Mellish, 8 L. T. (N.S.) 47. It was decided that the poor law board might, in awarding compensation to the clerk of a dissolved union, a solicitor, take into consideration advantages collateral to his employment as clerk such as payments for professional charges in legal proceedings; R. v. Poor Law Board, 41 L. J. M. C. 16.

The words "exaction, &c., under colour of his office," do not apply to extra services, such as extra remuneration to a surveyor of a local board

Penalty on officers, &c., being interested in contracts, or exacting fees.

Section 64. afterwards holding or continuing in any office or employment under such board or vestry, and shall forfeit and pay the sum of £50, 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 with

money to give security for

65. Before any officer or servant as aforesaid enters upon any office or employment under this Act, by reason 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 (a) for the faithful

for work not falling within his ordinary duties; R. v. Gloucester, 33 L. T. (N.S.) 145.

(a) 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. Where the duties of an office are essentially changed and the risk of the surety increased, the surety will be discharged; Pybus v. Gibbs, 26 L. J. Q. B. 41. The liability of a surety for an assistant collector of poor rates was held to be discharged by the subsequent appointment of the latter to another office by reason that the offices were incompatible; Malling Union v. Graham, L. R. 5 C. P. 201; and by the continued employment, without the knowledge of the surety, of a person who had committed embezzlement, see Phillips v. Foxall, L. R. 7 Q. B. 666; see also Halifax Union v. Wheelwright, 44 L. J. Ex. 121; and Sanderson v. Aston, L. R. 8 Ex. 73; so also the surety of a contractor for works where another surveyor was associated with the surveyor of the local board without the knowledge of the surety; Stiff v. Local Board of Eastbourne, 19 L. T. (N.s.) 408; and by the execution of a deed by a principal, conveying his estate and effects to the obligee in trust, unknown to the surety; Gragoc v. Jones, 42 L. J. Ex. 68. And see discharge of surety where time given to the principal without his knowledge; Croydon Gas Company v. Dickens, L. R. 1 C. P. D. 707. Where, on the proposal for a policy by a collector of the commissioners of taxes, inaccurate answers to questions were given respecting the checking of the collector's accounts and the amount to be held in hand at any one time, the lords justices, reversing the decision of one of the vice-chancellors, decided that the policy was void from the beginning, as founded on misrepresentation; Towle v. Nat. Guar. Assurance Society, 30 L. J. Ch. 900; and see Anderson v. Fitzgerald, 4 H. L. Ca. 484.

But the surety of a poor rate collector was held not to be discharged where the collector was transferred to another district, the transfer not amounting to an appointment to a fresh office, or to an essential alteration of his duties; Guardians of the Portsea Island Union v. Whillier, 2 Ell. & Ell. 755; nor where changes were effected by certain Acts of Parliament in the duties of a collector of sewers rates which did not amount to an alteration of the office; Skillett v. Fletcher, L. R. 1 C. P. 217.

And see as to suretyship for the performance of separate and distinct things, Croydon Commercial Gas Company v. Dickens, supra.

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, 5 H. L. Ca. 856; 25 L. J. Q. B. 383; Mayor of Clifton Dartmouth Hardness v. Silly, 26 L. J. Q. B. 90; Frank v. Edwards, 8 Ex. 214; and see Evans v. Bremridge, 25 L. J. Ch. 102. A guarantee to continue in force until six months notice of discontinuance, is determined by notice of the death of the guarantor; Harris v. Fawcett, 37 J. P. 437; Bradbury v.

Section 65.

If officer fail to render ac

count, &c., justice may commit offender to prison.

execution of such office or employment, and for duly accounting for all monies which may be intrusted to him by reason thereof, as they may think sufficient; and every such officer and servant, as well duly accountduring his continuance in office or employment as upon his resigna- ing for the tion, dismissal, or ceasing to hold his office or employment, shall same. respectively, when and in such manner as shall be required by the board or vestry, make out and deliver a true and perfect account, in writing signed by him, 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 or such person as the board or vestry may appoint all moneys owing by him; and if any such officer or servant fail to 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 board or vestry, or to such person as they may ap point, all books, papers, writings, property, effects, matters, and things in his possession or power belonging to the board or vestry, 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 (b); 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 in England, and if it appear to the last mentioned justices that he has failed to render any such account, or to produce and deliver up any such vouchers or receipts, or any such books, papers, writings, property, effects, matters or things as aforesaid, and that he still fails or refuses so to do, it shall be lawful for them, by warrant under their hands and seal, to commit the offender to gaol (c), there to remain, without bail, until he shall have rendered such account, 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 appears that the party charged has failed to pay over any Power to levy such moneys as aforesaid, and that he still fails or refuses so to do, it by distress. shall be lawful for the last-mentioned justices, by a like warrant, to cause the same to be levied by distress and sale of his goods and chattels, and in default of any sufficient distress to commit him to

Morgan, 1 H. & C. 249 distinguished; and as to liability of a surety where the principal debtor is discharged by a resolution under section 125 of the Bankruptcy Act, 1869, in the same manner as in an ordinary bankruptcy, refer to Ellis v. Wilmot, L. R. 10 Ex. 10.

(b) But an action for a breach of duty in failing to account may be brought against the defaulter; Mayor, &c., of Lichfield v. Simpson, 8 Q. B. 65, where it was decided that the corporation were not restricted to the summary proceedings before justices given by 5 & 6 Will. 4. c. 76.

(c) In a case under 17 Geo. 2, c. 38, it was decided to be discretionary with the justices whether they would commit to prison an overseer failing to account; R. v. Justices of Norfolk, 4 B. & Ad. 238. Under a similar section in the Public Health Act, 1875, the imprisonment for a failure to deliver up books is limited to six months. If a collector under a local board refuses to deliver up books, &c., and after notice continues to refuse, the offence is a continuing one, and is not within the limitation of time prescribed by 11 & 12 Vict. c. 43 (Jervis' Act). See Mayer v. Harding, 17 L. T. (N.S.) 140; and Reg. v. Martin, L. R. 4 Q. B. 285.

Section 65. gaol, there to remain, without bail, for a period not exceeding three months, 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 abscond, it shall be lawful for such justice, without previous summons, by warrant under his hand and seal, to cause him to be forthwith apprehended; and in such case the said party shall, within twenty-four hours after apprehension, be brought before the same or some other justice, who may order that he be discharged from custody, if such justice think that there is no sufficient ground for detention, or that he be further detained until he be brought before two justices at a time and place to be named in the order, unless bail to the satisfaction of the justice be given for the appearance of the party before such two justices: Provided also, that no such proceeding shall be construed to relieve or discharge any surety of the offender from any liability whatsoever.

Metropolitan and district boards and vestries to provide proper offices, and cause daily attendance to

be given

"Vestry" in following provisions to

66. The metropolitan board of works and every such district board and vestry respectively shall provide and maintain such offices within their respective district or parish as may be necessary for the purposes of this Act, and shall take care that their clerk, or some person duly authorised by them in that behalf, attends at their office daily (Sundays, Christmas Day, and Good Friday, and days appointed for any general fast or thanksgiving, alone excepted), for the purpose of receiving notices and transacting the ordinary business of the board or vestry under this Act.

Duties and Powers of Vestries and District Boards (a).

67. Where in the provisions hereinafter contained any expression is used referring to the vestry of a parish, such expression shall be

(a) Other enactments have considerably extended the powers and duties of metropolitan vestries and district boards. Among the more important of these must be mentioned the Metropolis Gas Act, 1860, 23 & 24 Vict. c. 125, conferring various powers on those bodies in relation to the supply of gas, and by the 4th section of which Act they are with the metropolitan board included under the expression "local authority," which definition is substantially repeated in subsequent special Acts relating to particular gas companies which, however, as to those Acts, repeal various provisions of the Act of 1860, and materially vary others. By 25 & 26 Vict. c. 102, s. 73, the power of improving and regulating streets, and for the suppression of nuisances contained in 57 Geo. 3, c. 29, are extended to the metropolis. The 26 Vict. c. 13, Gardens in Towns Protection Act, 1863, contains provisions for placing, in certain events defined by the Act, gardens and ornamental grounds under the charge of vestries and district boards. By section 134 of this Act, they are the authorities for executing the Nuisances Removal Acts, and so also under the Sanitary Act, 1866, which enlarges the definition of the expression "nuisance" and contains various new provisions for enforcing sanitary measures. It also empowers them, on complying with the directions of the 35th section, to make regulations relative to houses let out in lodgings, or occupied by members of more than one family. By the 47th section of the Metropolis Management Amendment Act, 1862, all persons, other than vestries or district boards, intending to branch sewers into the sewers of the last-mentioned bodies must apply for the previous sanction of the vestry or district board, who, by section 48, before sanctioning the construction of such sewers, are required to submit the plans and sections thereof to the metropolitan board for approval; and by section 62 of the same Act, in conjunction with section 103 of this Act (1855), district surveyors under the Metropolitan Building Act, 1855, are required to report to the