r. 63. disobedience to summons. production before him (w) of all books, deeds, con- 11 & 12 VICT. tracts, accounts, vouchers, and all other documents and papers which they or he may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, documents, or papers to appear before them or him at any such audit and examination, or adjournment thereof, and to make and sign a declaration with respect to the same; and if any such Penalty for person neglect or refuse so to do, or to produce any such books, deeds, contracts, accounts, vouchers, documents, or papers, or to make or sign such declaration, he shall be liable for every neglect or refusal to a penalty of forty shillings; and if he False declafalsely or corruptly make or sign any such decla- auditor, ration, knowing the same to be untrue in any material particular, he shall be liable to the penalties inflicted upon persons guilty of wilful and corrupt perjury: ration before perjury. certificate. And all accounts certified by the auditors or Auditors' auditor acting under this Act shall be final and conclusive, to all intents and purposes: tion. And such auditors or auditor shall in respect of Remuneraeach audit be paid by the local board of health, out (w) The words "or them" should have been inserted in this place. The Lords proposed to amend the whole section, by constituting one poor law auditor to be the auditor for the purposes of this Act in all districts, and this part of the section (framed with a view to the appointment of one auditor), was altogether introduced by their lordships. The Commons, however, insisted upon appointing an auditor or auditors, as prescribed by the clause as it now stands. PUBLIC HEALTH ACT 1848. Notice of audit. Accounts to be open to inspection, &c. before audit. of the general district rates levied under this Act(x), such reasonable remuneration as they shall from time to time, by order in writing, determine and appoint (y): Provided always, that before each audit and examination of accounts under this Act The clerk shall give ten days notice of the time and place at which the same will be made, by advertisement in some one or more of the public newspapers usually circulated within the district for which the audit and examination will be made; And a copy of the accounts to be audited and examined shall be deposited in the office of the local board of health, and be open during office hours thereat, to the inspection of all persons interested, for seven days before the audit and examination; and all such persons shall be at liberty to take copies of or extracts from the same without fee or reward: And within fourteen days after the audit and report to be examination shall have been completed, Auditor to report, and published. The auditors or auditor shall report upon the accounts audited and examined, and shall deliver such report to the clerk, who shall cause (y) The amount of remuneration should in all cases be fixed before the auditor is appointed. An express enactment to that effect is contained in the City of London Sewers Act, 1846, s. 46. By the Metropolitan Sewers Act, (11 & 12 Vict. c. 112, s. 121), the remuneration to each auditor is fixed at two guineas for every day during which he is fully employed on the audit. c. 63. the same to be deposited in the office of the local 11 & 12 VICT. CXXIII. And be it enacted (y), that Arbitration. referring to In case of dispute as to the amount of any com- Mode of pensation to be made under the provisions of arbitration. this Act (except where the mode of determining the same is specially provided for) (z),— And in case of any matter which by this Act is authorized or directed to be settled by arbitration (a),— Then, unless both parties concur in the appointment of a single arbitrator, each party, on the (y) This section is adapted from s. 25 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18). (z) Section 144, p. 196, directs that all disputes as to amount of compensation for damages occasioned by the exercise of the powers of the Act shall be settled by arbitration or (if the amount claimed be under 201.) by two justices. (a) The matters specially directed to be settled by arbitration are as follows: 1. Disputes as to the proportion in which owners shall con- 2. Terms upon which water ought to be supplied by water PUBLIC request of the other, shall appoint an arbitrator, HEALTH ACT 1848. to whom the matter shall be referred : Appointment of arbitra tors. Submission not re And every such appointment when made on the behalf of the local board of health shall (in the case of a non-corporate district) be under their seal and the hands of any five or more of their number, or under the common seal in case of a corporate district, and on the behalf of any other party under his hand, or if such party be a corporation aggregate under the common seal thereof; and such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties making the same: And after the making of any such appointment vocable the same shall not be revoked without the consent without con sent. Arbitrator appointed by one party shall act for tain cases. of both parties, nor shall the death of either party operate as a revocation: And if for the space of fourteen days after any such matter shall have arisen, and notice in writing both in cer- by one party (who has himself duly appointed an arbitrator) to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fail to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties; And the award of any arbitrator or arbitrators appointed in pursuance of this Act shall be binding, final, and conclusive upon all persons, and to all intents and purposes whatsoever. Award to be final. c. 63. Death, &c. of one of several arbitrators; CXXIV. And be it enacted (b), that if before the 11 & 12 VICT. determination of any matter so referred any arbitrator die, or refuse or become incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead; and if he fail so to do for the space of seven days after notice in writing from the other party in that behalf the remaining arbitrator may proceed ex parte; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made: arbitrator. And in case a single arbitrator die, or become in- of single capable to act, before the making of his award, or fail to make his award within twenty-one days after his appointment, or within such extended time, if any, as shall have been duly appointed by him for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this Act, as if no former reference had been made. several arbi umpire to be appointed by them; CXXV. And be it enacted, That in case there be In case of more than one arbitrator the arbitrators shall, be- trators, an fore they enter upon the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire die, or become incapable to act, the arbitrators shall forthwith appoint another person in his stead; And in case the arbitrators neglect or refuse or (in case (b) This section is adapted from the Lands Clauses Consolidation Act, 1845, ss. 29, 30. of their |