them, or (in case of a corporate district) under their common seal.

notice upon

CL. And be it enacted, that any summons, notice, writ Service of or proceeding of any kind whatsoever to be served upon the local board; local board of health may be so served by being left at or sent through any post office, directed to the local board of health, at their office, or by being delivered there to the clerk personally (g);

And in all cases in which any notice is by this Act required to be given to the owner or occupier of any premises it shall be sufficient to address the notice to [them] by the description of the "owner" or "occupier" (as the case may require) of the premises (naming them), in respect of which the notice is given without further name or description;

And the notice shall be served upon [them] or one of them, as the case may require, either personally or by delivering the same to some inmate of his or their place of abode, or in the case of the occupier (and also in case of the owner, if his place of abode be unknown,) upon any inmate of the last-mentioned premises, or if such premises be unoccupied, then, in case the notice is required to be served upon the occupier, (and in case of the owner also, if his residence be unknown,) it shall be sufficient to fix the notice upon some conspicuous part of the premises (h):

Provided always, that in the case of notices to the owner, that, although his place of abode be known to the local board of health, yet if it be not within the limits of their district it shall be sufficient for them to transmit any notice directed to him by name, through the post.

(g) See the provision in the Lands Clauses Consolidation Act, 8 & 9 Vict. c. 18, s. 134, now incorporated herewith.

(h) Notwithstanding this provision, another kind of service, if it be what the court would otherwise consider to be sufficient, will avail. Thus, a service on an owner's clerk, at the office or place of business of such owner, was held to be good. Mason, appellant, Bibby, respondent, 9 L. T. 691; 33 L. J. M. Č.145; 2 H. & C. 881.

upon owners

and occu

piers.

Sic in stat.

Exemption

from stamp

duty.

Exemption from window duty in certain cases.

Amendment

CLI. And be it enacted, that no advertisement inserted or caused to be inserted by the general or local board of health in the London Gazette or any paper or publication under this Act, or for the purpose of carrying the same into effect, nor any deed, award, submission, instrument, contract, agreement, or writing, made or executed by (a) [the said general] or local board, their officers or servants, under or for the purposes of this Act, nor any appointment by [the general] or local board of any officer or person under this Act, shall be chargeable with any stamp duty whatever;

And in case any vault, cellar, or underground room of any house containing, at the time of the passing of this Act, seven windows or lights only, shall have been let or occupied separately as a dwelling before the passing of this Act, without any external window, or such an external window as is required by the provisions of this Act with respect to the letting and occupation of vaults, cellars, and underground rooms, and it shall become necessary, by reason of such provisions, to make such an external window as is required thereby (b), in order that such vault, cellar, or underground room may lawfully be let or occupied separately as a dwelling, the making only of such external window shall not render any person liable in respect of such house to the duties payable for a house having eight windows or lights (c), anything in any Act of parliament to the contrary notwithstanding.

CLII. And be it enacted, that this Act may be amended of Act, &c. orrepealed by any Act to be passed during this present session of parliament.

(a) It is by no means clear that by these words a conveyance to the local board will be exempt from stamp duty, though a lease executed by them would be exempted, as it would be a deed, and moreover a demise appears to be a contract. Gregory v. Duff, 13 Q. B. (N. s.) 610. The recent Stamp Act, 33 & 34 Vict. c. 97, which makes new provisions for stamp duties, continues in sect. 3 all previous exemptions.

(b) In sect. 67, ante.

(c) By the statute 14 & 15 Vict. c. 36, the duties upon houses according to the number of windows therein were abolished, and by the 16 & 17 Vict. c. 63, s. 5, the duties on advertizements were repealed.

The voter must write his initials against the name of every person for whom he votes, and must sign this

paper.

If the voter cannot write he must affix his mark, but such mark must be attested by a witness, and such witness must write the initials of the voter against the name of every person for whom the voter intends to vote (e).

(d) Unfortunately this form does not specify the number of persons to be elected. When the district is divided into wards, under 21 & 22 Vict. c. 98, s. 24, post, this paper must be altered accordingly.

(e) Sect. 25, ante, requires the witness to write the name of the voter also.

If a proxy vote he must in like manner write his initials, sign his own name, and state in writing the name of the corporation or company for whom he is proxy.

I vote for the persons in the above list against whose names my initials are placed.

By virtue of the Public Health Act, 1848, the local board of health for the district of sum of

A. B. of

in consideration of the

paid to the treasurer of the said district by -, for the purposes of the said Act, do grant

(c) Here must be the mark and name of the voter who cannot write, but it does not appear who is to write his name.

(d) Here must be the name of the witness.

(e) See ss. 107, 111; see in 21 & 22 Vict. s. 89, Schedule, the form of the rentcharge granted under that Act. This mortgage being a deed executed by the local board is exempt from stamp duty by sect. 151.

and assign unto the said A. B., his executors, administrators, and assigns, such proportion of the rates arising or accruing by virtue of the said Act from [the rates mortgaged] as the said sum of doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said rates (ƒ), to hold to the said A. B., his executors, administrators, and assigns, from the day of the date hereof until the said sum of with interest at the rate of tum per annum for the same, shall be fully paid and satisfied; and it is hereby declared, that the said principal sum shall be repaid on the day of at [place of payment]. Dated this One thousand eight hundred

and

day of

per cen

[In case of a non-corporate district, to be signed by five members at least of the local board of health, and sealed with their seal (g); in case of a corporate district, to be sealed with the common seal.]

SCHEDULE (C.) (h)

Form of Transfer of Mortgage.

in consideration of the sum of

paid

I A. B. of to me by C. D. of, do hereby transfer to the said C. D., his executors, administrators, and assigns, a certain mortgage bearing date the day of, and made by the local board of health for the district of sum of

and interest thereon at

for securing the per centum per

annum [or if such transfer be by endorsement on the mortgage, insert, instead of the words immediately following

(f) See sect. 107.

(g) That is, the seal of the local board. But although all boards are now incorporated by 29 & 30 Vict. c. 90, the distinction between corporate and non-corporate districts is still retained, and it will be advisable that the mortgage should be signed by five members.

(h) See sect. 112. This deed must be stamped, as it is not a deed or instrument executed by the local board within sect. 151, and the transfer is not for the benefit of the local board.

L