poses as if they had always been the local board of 11 & 12 VICT. health from the time when the district was origin ally constituted (s). c. 63. Local Management. Local board of non-corporate dis tricts to hold annual and monthly meetings, &c. XXXIV. And be it enacted, that the local board of health of every non-corporate district (t)Shall hold an annual meeting, and other meetings for the transaction of business under 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 and to make respect to the summoning, notice, place, ma- to summonnagement, and adjournment of such meetings, and the maand generally with respect to the transaction and business. management of business by such board under this Act: (8) Section 12 (pp. 33, 34) provides only for cases in which a corporation (whether created before or after the passing of the Act) is in existence at the time when a district is constituted. The present section (23) is framed with a view to the future creation of a corporate borough, either with boundaries identical with or including those of a district already constituted under the Act. The case of a district exclusively consisting at the time of its formation of non-corporate parts, and afterwards becoming partly included in a new corporate borough, is not likely to arise; but if it should, it would probably be desirable to alter or extend the boundaries of the district by a provisional order which would contain all the necessary provisions applicable to the altered circumstances. See s. 141, p. 193. (t) In corporate districts the matters provided for by this section will be regulated by the laws for the time in force with respect to municipal corporations. See commencement of s. 12, p.. 32. bye-laws with respect ing them nagement of PUBLIC HEALTH ACT 1848. Quorum in general; In Oxford and Cambridge districts. Majority to decide. Chairman to be appointed. Provision in case chairman be absent. In case of Provided always, that no business shall be transacted at any such meeting, unless at least one-third of the full number of members be present thereat; Except in either of the districts to be called the Oxford or Cambridge districts, in which cases business may be transacted if at least seven members be present (u); And all questions shall be decided by a majority of votes; And the names of the members present, as well as of those voting upon each question, shall be recorded: And the said local board shall at their first meeting under this Act, and afterwards from time to time at their annual meeting, appoint one of their number to be chairman for one year at all meetings at which he is present (v); And in case the chairman so appointed be absent from any meeting at the time appointed for holding the same, the members present shall appoint one of their number to act as chairman thereat; And in case the chairman appointed as first aforesaid die, resign, or become incapable of acting, another member shall be appointed to be chairman for the period during which the person so dying, resigning, (u) In these districts the Oxford and Cambridge improvement commissioners for the time being will be the local boards of health (s. 31). In either case the number of commissioners is very large, and seven is the quorum fixed by the present Improvement Acts. (v) As to the chairman's duties with respect to conducting elections, see s. 21, pp. 51, 52. c.63. or becoming incapable would have been entitled to 11 & 12 VICT. continue in office, and no longer; And the chairman at any meeting shall have a Casting vote. second or casting vote in case of an equality of votes; Oxford and districts. But nothing herein contained with respect to the Chairman in appointment of chairman shall apply to any Cambridge district to be called the Oxford or Cambridge district (x), and in such districts the Oxford or Cambridge commissioners respectively shall appoint a chairman as heretofore. offices; XXXV. And be it enacted, that the local board Local boards to provide of health shall from time to time provide and main- proper tain such offices as may be necessary for transacting their business, and that of their officers and servants under this Act; corporate seal. documents. And (in the case of a non-corporate district) shall in noncause to be made a seal for the use of such board in districts a the execution of this Act: And documents or copies of documents purporting Evidence of to proceed from the said local board, and to be signed by any five or more members thereof, and to be sealed or stamped with such seal, or (in the case of a corporate district) to be sealed with the common seal, shall be received as primâ facie evidence in all courts and places whatsoever. XXXVI. And be it enacted, that the local board Committees of health may from time to time appoint out of their pointed. (x) See ante, s. 31, pp. 60, 61. may be ap HEALTH ACT 1848. PUBLIC own number so many persons as they may think fit, for any purposes which in the opinion of the said local board would be better regulated and managed by means of a committee: provided always, that the acts of every such committee shall be submitted to the said local board for their approval (y). Local Officers. Local boards to appoint surveyor, inspector of nuisances, clerk, treasurer, &c. and to make XXXVII. And be it enacted, that the local board of health shall from time to time appoint fit and proper persons (2) to be surveyor, inspector of nuisances (a), clerk, and treasurer, for the purposes of this Act, and shall appoint or employ such collectors and other officers and servants as may be necessary and proper for the efficient execution of this Act (b); And shall make bye-laws for regulating the duties and conduct of the several officers and servants so appointed or employed: (y) See a similar provision in the Municipal Corporation Act (5 & 6 Will. 4, c. 76, s. 70), and in the Metropolitan Sewers' Act (11 & 12 Vict. c. 112, s. 21). (z) If a district be formed only for the purposes in which the services of all these officers are not required, the appointments must be regulated accordingly. (a) The City of London Sewers Act, 1848, (s. 88,) authorizes the appointment of an inspector of nuisances, and requires the person appointed to superintend and enforce the execution of the duties of scavengers; to point out nuisances; to enter in a book, and to inquire into and report upon, complaints with respect to any deficiency in the supply of water, or with respect to breaches in any provision, rule, or regulation for promoting cleanliness, or for the suppression of nuisances; and to take proceedings before magistrates for the punishment of offenders against the Act. (b) As to the appointment of an officer of health. See post, s. 40, p. 72. And the said local board may pay, out of the 11 & 12 VICT. c. 63. general district rates (c) to be levied under this Act, Salaries, &c. to such officers and servants such reasonable salaries, wages, or allowances as the said local board may think proper; officers, &c. And every such officer and servant shall be remov- Removal of able by the said local board at their pleasure, subject, nevertheless, in the case of the removal of the surveyor, to the approval of the general board of health (d): Provided always, that the same person may be same person both surveyor and inspector of nuisances; may be surveyor and inspector of but not clerk and treasurer. But neither the person holding the office of trea- nuisances, surer nor his partner, nor any person in the service or employ of them or either of them, shall hold, be eligible to, or shall 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 shall in any manner assist or officiate in the office of treasurer; and whosoever offends in any of the cases enumerated in this proviso shall forfeit and pay the sum of one hundred pounds, which may be recovered by any person, with full costs of suit, by action of debt (e). (c) See post, s. 87, p. 136. (d) The commissioners for inquiring into the state of large towns, &c., recommended that both the appointment and dismissal of the surveyor should be subject to approval (4th recommendation, Second Report, p. 20); and the bill as originally brought into parliament was framed in accordance with that recommendation. (e) This prohibition is to be found in many local improve |