c. 63. and voting paper which he shall have received, 11 & 12 VICT. to the local board of health at their first or next meeting (as the case may be (a), who shall cause the same to be deposited in their office, and the same shall, during office hours thereat, be kept open to public inspection, together with all other documents relating to the election, for six months after the election shall have taken place, without fee or reward; And the said chairman shall cause such list to be printed, and copies thereof to be affixed at the usual places for affixing notices of parochial business within the parts for which the election shall have been made. 28. persons con tions neglect with provi XXVIII. And be it enacted, that if the said Penalty upon chairman or other person charged with taking, ducting eleccollecting or returning the votes at any such ing to comply election as aforesaid- -shall neglect or refuse sions of this to comply with any of the provisions of this Act in that behalf, he shall be liable for every such offence to a penalty not exceeding (a) In a case submitted (Oct. 2, 1850), the General Board were of opinion, that the returning officer at a first election should name the day (and hour and place) for the first meeting of the newly elected local board. Termination of labours.-The General Board were of opinion, in a case submitted (February 17, 1851), that a local board has no power to give up its functions entirely, on the plea that it has accomplished its objects; and that a chairman is bound to proceed to an annual election of members, under a penalty of 50%. for every neglect. Act. PUBLIC HEALTH ACT, 1848. Defects in election, &c. date proceed ings. fifty pounds (b);-and any person employed for the purposes of any such election, by or under the said chairman or other person charged as aforesaid, who shall be guilty of any such neglect or refusal, shall be liable for every such offence to a penalty not exceeding five pounds. 29. XXIX. And be it enacted, that all proceednot to invali- ings of the local board of health, and of any person acting as member or under the authority thereof, shall notwithstanding any defect in the selection or election of such board or any member thereof, be as valid and effectual as if no such defect had ever existed. Expenses of elections to be 30. XXX. And be it enacted, that the necessary defrayed out expenses attendant upon any such election as of general district rates. aforesaid, and such reasonable remuneration to returning officers and other persons for services performed or expenses (c) incurred by (b) In an action against a returning officer, for refusing a vote, the malice of the defendant is an essential ingredient to support the action. (See Cullen v. Smith, 2 Starkie's Reports, 577.) In this case (which was tried before Lord Tenterden, chief justice), the judge remarked—“The officer could not discharge his duty without great peril and apprehension, if in consequence of a mistake he became liable to an action." That this was the meaning of the framers of the Public Health Act, is evident from s. 140. (c) The local board must determine the fair amount of the expenses, and allowances to the returning officer. It is not necessary at either the first or subsequent elections to submit his charges to the General Board of Health. (In re Feb. 22, 1851.) c. 63. them in relation thereto as shall from time to 11 & 12 VICT. time be allowed by the local board of health in that behalf, shall be paid out of the general district rates to be levied under this Act. 31. of health in Cambridge to ford and Cam provement ers. 52 G. 3, 34 G. 3, c. 104. XXXI. Provided always, and be it enacted, Local board that nothing herein-before contained with re- Oxford and spect to the appointment, selection, or election consist of Oxof any local board of health, or member thereof, bridge imshall apply to the city of Oxford, or the parts commissionwithin the jurisdiction of the commissioners for c. 72. amending certain mileways leading to Oxford, and making improvements in the University and city of Oxford, the suburbs thereof, and the adjoining parish of Saint Clement, (which commissioners are herein-after called the Oxford commissioners,) or to the borough of Cambridge, or the parts within the jurisdiction of the commissioners acting under an Act of the thirty-fourth year of the reign of king George the Third, for amending and enlarging the powers of a former Act of the same reign, for the better paving, cleansing, and lighting the town of Cambridge, for removing and preventing obstructions and annoyances, and for widening the streets, lanes, and other passages within that town (which commissioners are herein-after called the Cambridge commissioners); and if the city of Oxford, or the parts within the first-mentioned jurisdiction, become a district under this Act, the same shall be called the Oxford district, and the said Oxford PUBLIC HEALTH ACT, 1848. With respect to the execution of the Act by commissioners under local cases. commissioners for the time being shall, within and for such district, be the local board of health under this Act; and if the borough of Cambridge, or the parts comprised within the jurisdiction secondly above mentioned, become a district under this Act, the same shall be called the Cambridge district, and the said Cambridge commissioners for the time being shall, within and for such district, be the local board of health under this Act. 32. XXXII. And be it declared and enacted, that whenever by any such provisional order as aforesaid the commissioners or trustees acting Acts in other under any local Act of parliament are constituted the local board of health under this Act, such commissioners or trustees shall, within and for the district to which such provisional order applies, exercise and execute the powers, authorities, and duties vested in or imposed on the local board of health by this Act, and so much of this Act as relates to the appointment, election, or selection of local boards of health shall not apply to such district. Local board of health, in case of a 33. XXXIII. And be it enacted, that if, after the application of this Act to any district the wards becom- parts constituting the district shall afterwards rate borough. become or be entirely comprised within the district after ing a corpo limits of a corporate borough, the mayor, aldermen, and burgesses of such borough shall from and after such day as shall have been spe c. 63. cified in the charter of incorporation in this be- 11 & 12 VICT. half be, by the council of the borough, the local board of health within and for such district; and in case any day shall have been so specified, but not otherwise, the powers, authorities, duties, property, and liabilities, of any other persons as such local board shall from and after that day absolutely cease and determine, and be vested in such mayor, aldermen, and burgesses, as fully to all intents and purposes as if they had always been the local board of health from the time when the district was originally constituted. 34. local boards rate districts, XXXIV. And be it enacted, that the local Meetings of board of health of every non-corporate district of noncorpo-shall hold an annual meeting and other and regula meetings for the transaction of business under ness, &c. this Act once at least in each month, And at such other times as may be necessary for properly executing its powers and duties under this Act, and shall from time to time make bye-laws with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business by such board under this Act (d): (d) General Principles.-There are many cases which will always occur in the administration of the duties of a local board of health to which no general rule, however well considered, can apply. A decision which would work most equitably in ninety-nine instances will need a great variation tion of busi |