Parties aggrieved by

of local board

as to reco

very of cer

tain expenses

CXX. And be it enacted, that if in any case in which the proceedings local board are empowered to recover any expenses incurred by them in a summary manner, or to declare such expenses to be private improvement expenses, any person shall deem himself to be aggrieved by the decision of the said local board thereupon, he may, within seven days after notice (v) of such decision, address a memorial to the said general board (w), stating the grounds of his complaint;

may appeal

to the general board.

Superintend

may

summon witnesses,

And the said general board may make such order in the matter as to them may seem equitable, and the order so made shall be binding and conclusive upon the said local board (v);

And if the said local board shall have proceeded to recover such expenses in a summary manner, the said general board may, if they shall think fit, direct the said local board to pay to the person so proceeded against such sum as they may consider to be a just compensation for the loss, damage, or grievance thereby sustained by him.

General Superintendence.

CXXI. And be it enacted, that during any inquiry by a ing inspec- superintending inspector under this Act (x) he may and he is hereby empowered to summon before him any persons call for plans whomsoever, and to examine them upon oath or otherwise touching any matter relating to the purposes of the inquiry, and he may by any such summons require any parochial

rates, &c.

(v) It is not provided that it shall be conclusive upon the memorialist, who perhaps may still resort to his remedy of appeal under sect. 135, post, if there be sufficient time before the sessions. Indeed, it seems that the object of the clause is to grant relief to a person where he has no legal remedy, as the board are to make such order as may be equitable. (w) Now to one of the secretaries of state: see 21 & 22 Vict. c. 98, c. 65: who may make the order under this section. As to the obligation of his order, and the enforcing thereof, see sect. 81 of that statute.

(x) These powers are conferred upon the persons employed by the secretary of state under 21 & 22 Vict. c. 98, by s. 80.

officer, or any officer of or acting under any corporation, guardians, or directors, of the poor, and any commissioner, trustee, officer, or person acting under any local Act of parliament in force within the district or place to which any such inquiry may relate, to produce before him any surveys, plans, sections, rate books, or other like documents which may by reason of their office be in their custody or control touching any matter relating to the purposes of such inquiry, and such inspector may examine, inspect, or take copies of any such books, surveys, plans, sections, and documents or any of them, or part thereof;

And whosoever wilfully disobeys any such summons, or prevents any such inspector from examining, inspecting, or taking copies as last aforesaid, or refuses to answer any question put to him by such inspector for the purposes of the said inquiry, shall be liable to a penalty not exceeding five pounds (a).

Provided always, that no person shall be required to attend in obedience to any such summons unless the reasonable charges of his attendance shall have been paid (b) or tendered to him;

And no person shall be required in any case, in obedience to any such summons, to travel more than ten miles from his place of abode (c).

of accounts.

[CXXII. ** And be it enacted (d), that the accounts of the receipts As to audit and expenditure of the local board of health shall be audited and examined once in every year at the least, at such time or times as shall be appointed by such local board, in case of a corporate district, by the auditors of the corporate borough, whereof the whole or part is within such district.

(a) See sect. 129, post, as to the recovery of this penalty.

(b) These charges must be paid or tendered by the person serving the summons, and that person will receive the amount from his employer. Such employer may be the superintending inspector, or some other person who has applied to the inspector for the summons.

(c) This must evidently be measured by the road, and not by the direct line.

(d) Repealed by 21 & 22 Vict. c. 98, s. 60, though the substance of this clause is re-enacted.

And in case of a district exclusively consisting of the whole or part of two or more corporate boroughs, or of one or more of such boroughs, and also of part of any such borough or boroughs, by such two of the auditors for the time being of the corporate boroughs respectively whereof the whole or part is within such district as shall from time to time be appointed by the local board of health.

And in case of any other district as soon as can be after the 25th day of March in every year, by the auditor of accounts relating to the relief of the poor for the district for the audit of such accounts, or for the parish or union in which such district under this Act is comprised, or if any district under this Act be partly situate in two or more parishes, unions, or districts for the audit of accounts by such one of the auditors for the time being of the parishes, unions, or districts for the audit of accounts (whereof the whole or part is within such district under this Act) as shall from time to time be appointed by the local board of health;

And for the purposes of any audit and examination of accounts under this Act every such auditors or auditor may, by summons in writing, require the production before him of all books, deeds, contracts, 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 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 falsely or corruptly make or sign any such declaration, 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 ;

And all accounts certified by the auditors or auditor acting under this Act shall be final and conclusive to all intents and purposes (a);

And such auditors or auditor shall in respect of each audit be paid by the local board of health, out of the general district rates levied under this Act, such reasonable remuneration as they shall from time to time by order in writing determine and appoint;

Provided always, that before each audit and examination of accounts under this Act the clerk shall give ten (b) days' notice of the time and

(a) This is not continued in the subsequent Act, but on the contrary, an appeal is given against the auditor's decision.

(b) This is by the subsequent Act twenty.

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;

previous to

And a copy of the accounts to be audited and examined shall be de- Accounts posited in the office of the local board of health, and be open, during audit to be 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 examination shall have been completed the auditors or auditor shall report upon the accounts audited and examined, and shall deliver such report to the clerk, who shall cause the same to be deposited in the office of the local board of health, and to be published in some one or more of the public newspapers usually circulated in the district to which it relates. **]

deposited, and open to inspection, &c.

ARBITRATION.

referring to

CXXIII. And be it enacted (c), that in case of dispute (d) Mode of as to the amount of any compensation to be made under the arbitration. provisions of this Act (except where the mode of determining the same is specially provided for) (e), and in case of any matter which by this Act is authorized or directed to be settled by arbitration (f), then, unless both parties concur in the appointment of a single arbitrator, each party, on the request of the other shall appoint an arbitrator, to whom the matter shall be referred;

(c) Those clauses relating to arbitration are taken from the Lands Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 18, ss. 25-37, now incorporated herewith by 21 & 22 Vict. c. 98, s. 75, post.

(d) See sect. 144, post, which refers certain questions, where the claim is under 201., to two justices. The 21 & 22 Vict. c. 98, s. 64, enables two justices, where any matter in dispute, the amount whereof is less than 207., to settle the same by arbitration. The dispute must be as to the amount of compensation, not as to the liability to pay it. Q. v. Burslem Local Board, 1 E. & E. 1077; 28 L. J. Q. B. 349; 6 Jur. 696; 7 W. R. 551. See also Re Bradby, 4 E. & B. 1014; 34 L. J. Q. B. 239.

(e) Quære, whether this exception refers to any other part of the Act than sect. 144.

(f) Sects. 69 and 75 of this Act, and ss. 69, 74, of 21 & 22 Vict. c. 98, contain special references to arbitration.

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 (g), 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 the same shall not be revoked without the consent of both parties, nor shall the death of either (i) party operate as a revocation;

And if for the space of fourteen days after any such matter shall have arisen (k), and notice in writing 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 (1) of any arbitrator or arbitrators appointed in pursuance of this Act shall be binding, final, and

(g) As already noticed the distinction between corporate and non-corporate districts still remains, though all local boards are now incorporated. The Court of Exchequer held that where a person agreed with a waterworks company that a person nominated by two others should be appointed as arbitrator, and such person being so appointed, awarded to the claimant a sum exceeding 501., the latter was entitled to the costs of the arbitration. Martin v. The Leicester Waterworks Company, 3 H. & N. 263; 37 L. J., Exc. 432. See also Collins v. South Staffordshire Railway Company, 7 Exc. 5.

(h) See the interpretation of this word in sect. 2.

(i) These words appear at first sight to be inapplicable to the local board, but they obviate any question which might arise from the death of any one of the members who would sign the appointment of the arbitrator.

(k) With reference to notice from the local board, see sect. 150, and 21 & 22 Vict. c. 98, s. 61, as to its service and authentication.

(1) Sect. 151 exempts the award from stamp duty.