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 (¿). 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 purposes 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of this section which provides that the acts of every committee shall be submitted to the general body for approval is repealed so far as concerns the metropolitan board, and other provisions are substituted; 25 & 26 Vict.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 inspection. LXI. 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 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. tropolitan officers. LXII. The metropolitan board of works, and (subject Power to meto the provisions herein contained) the board of works board, district boards, for 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 no same per 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 employ 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 interested in con LXIV. No officer or servant of the metropolitan board, or of any district board or any such vestry, shall be in tracts, or ex- 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 with money LXV. Before any officer or servant as aforesaid enters to give secu- upon any office or employment under this Act, by reason rity for duly whereof he will or may be intrusted with the custody for the same, or control of money, the board or vestry shall require accounting and take from him such security (1), for the faithful exe (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 Beswick-on-Tweed, 5 H. L. Ca. 856; 25 L. J. (N. S.) Q. B. 383; Mayor of Clifton Dartmouth Hardness v. Silly, cution 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 during his continuance in office or employment as upon his resignation, dismissal, or ceasing to hold his office or employment, shall 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 monies received by him for the purposes of this Act, and stating how, and to whom, and for what purpose such monies 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 monies owing by him; and if any such If officer fail officer or servant fail to render such account, or to pro- to render acduce and deliver up such of the said vouchers and re- justice may ceipts as may be in his possession or power, or to pay fender to over any such monies as aforesaid, or if, for the space of prison. five days after being thereunto required, he fail to deliver up to the board or vestry, or to such person as they may appoint, 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 (m) 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 26 L. J. (N. S.) Q. B. 90; Frank v. Edwards, 8 Ex. 214; and see Evans v. Bremridge, 25 L. J. (N. S.) Ch. 102, where one of two co-sureties was held to be discharged in equity from his covenant to repay money advanced to the principal debtor where the other surety did not execute. The remedies against sureties no less than a proper control over the officers authorized to recover money depends on a strict adherence on the part of boards and vestries to the regulations in force for checking the collections and for other objects. (m) But an action may be brought against the defaulter; Mayor, &c. of Lichfield v. Simpson, 8 Q. B, 65. count, &c. commit of |