PUBLIC HEALTH ACT XXXVIII. And be it enacted, that no officer or 1848. servant appointed or employed by or under the local Penalty upon board of health shall in anywise be concerned or in officers, &c. contracts or taking fees improperly. interested in terested in any bargain or contract made with such board for the purposes of this Act; and if any such officer or servant be so concerned or interested, or shall, 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 this Act, and shall forfeit and pay the sum of fifty pounds, which may be recovered by any person, with full costs of suit, by action of debt (ƒ). Officers, &c. intrusted to give security. XXXIX. And be it enacted, that before any such with money officer or servant 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 local board of health by whom he is appointed shall require and take from him sufficient security for the faithful execution of such office or employment, and for duly accounting for all monies which may be intrusted to him by reason thereof; Accounting And every such officer or servant employed in the ment Acts, and it is adopted in the terms of the text in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 28). (f) From the Commissioners Clauses Act, 1847, s. 67. See a similar provision in the Metropolitan Sewers Act (11 & 12 Vict. c. 112, s. 29), and the City of London Sewers Act, 1848, s. 27. c. 63. for monies account of collection of rates under the authority of this Act 11 & 12 VICT. shall, within seven days after he shall have received any monies on account of such rates, pay over the received on same to the treasurer, and shall, as and when the rates; said local board may direct, deliver a list signed by him, containing the names of all persons who have neglected or refused to pay any such rate, and the sums respectively due from them; in general. And every officer and servant appointed or for monies employed by or acting under the said local board shall respectively, when and in such manner as shall be required by such board, make out and deliver to them a true and perfect account in writing 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 all monies owing by him upon the balance of accounts: And if any such officer or servant Fail to render such account, Or to produce and deliver up such of the said sion or power,— Or to pay over any such monies as aforesaid; Or, if for the space of five days after being there unto required, he fail to deliver up to the said Summary proceedings in case of failure to account, &c., or to deliver up papers, &c. relating to execution of the Act. PUBLIC HEALTH ACT 1848. Punishment for failure to render accounts, or deliver up papers, &c. or power, relating to the execution of this Act, or belonging to such board, Then and in every such case a justice shall, on complaint (g) 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; 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 or business; And if it appear to the last mentioned justices that he has failed to render any such accounts, or to produce and deliver up any such vouchers or receipts, or any such papers, writings, property, effects, matters, or things as aforesaid, and that he still fails or refuses so to do, they may, by warrant under their hands and seals, commit the offender to gaol, there to remain, without bail, until he shall have rendered such accounts, and produced and delivered up all such vouchers, receipts, books, papers, writings, (g) This complaint being in respect of an offence for which the offender is rendered liable to imprisonment, is an 66 information" within the meaning of the recent Act with respect to summary convictions and orders (11 & 12 Vict. c. 43, s. 6). (See Archbold's edition of Jervis's Acts, p. 90, note.) The course of proceeding prescribed by that Act must be construed as supplemental to the provisions of this Act with respect to summary proceedings before justices, except in so far as it may be inconsistent therewith. In case of inconsistency the statute in the text (being the more recent Act), will govern proceedings taken under its provisions. 11 & 12 VICT. property, effects, matters and things in respect c.63, s. 39. of which the charge was made; pay over rates or monies. about to ab apprehended. And (h) if it appear that the party charged has for failure to failed to pay over any such monies as aforesaid, and that he still fails or refuses so to do, the last mentioned justices may, by a like warrant, cause the same to be levied by distress and sale of his goods and chattels, and in default of any sufficient distress commit him to gaol, there to remain, without bail, for a period of three months, unless such monies be sooner paid: Provided always, that if the complainant, by depo- offenders sition on oath, show to the satisfaction of any scond may be justice that there is probable cause for believing that the party charged intends to abscond, such justice may without previous summons, by warrant under his hand and seal, 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 : (h) This paragraph would have been more properly commenced with the words, " or, if it appear;" and it will be construed as if it had been so worded. PUBLIC HEALTH ACT Provided also, that no such proceeding shall be 1848. construed to relieve or discharge any surety of the Proceedings offender from any liability whatsoever (¿). not to relieve sureties. A medical officer may be appointed; XL. And be it enacted, that the local board of health may from time to time, if they shall think fit, appoint a fit and proper person, being a legally qualified medical practitioner or a member of the medical profession, (k) to be and be called the officer of health, who shall be removable by the said local board, and shall perform such duties as the said general board shall direct; (7) (i) This section embodies ss. 68-74 of the Commissioners Clauses Act, 1847 (10 Vict. c. 15). Similar provisions will be found in the Metropolitan Sewers Act (11 & 12 Vict. c. 112), s. 30; and in the City of London Sewers Act, 1848, ss. 28-32, and s. 201. (k) In the copies printed by the Queen's printer the clause reads thus being a legally qualified medical practitioner, or member of the medical profession;" but the text of the present edition is according to the ingrossment, which stands thus"being a legally qualified medical practitioner, or a member of the medical profession." The clause authorizing the appointment of an officer of health was first inserted in the copy of the bill ordered by the House of Commons to be printed on the 13th March, 1848, and the qualification then fixed was that of being 66 a member of the medical profession." The copies ordered to be printed on 15th and 25th May 1848, contained the same qualification; but upon bringing up the report, the qualification was amended advisedly according to the present text. All the copies printed for the House of Lords are correct; the error first appears in the copies printed for the Commons when the bill was returned from the Lords, and exhibiting the amendments made by the Lords. Since this note was printed the Queen's printer's copies have been amended, and the copies issued by him since the 9th of November are correct in this particular. (1) The appointment of a medical officer was recommended |