said sum had been paid to the treasurer subsequently to the date of such last-mentioned certificate, the costs incurred by such auditor shall be paid by the party against whom the information shall be laid, unless he prove that notice of such payment had been given to the auditor twentyfour hours at least prior to the laying of the information.

X. That the said commissioners (a) may at any time upon sufficient cause Auditor may being shown to them, authorize any person, selected by the auditor, to upon cause being shown act temporarily as his deputy, and shall communicate to the several appoint a deputy. unions and places forming his district the name of the person so appointed to act as his deputy, and such person shall thereupon be empowered to act in all respects, and with the same authorities, and subject to the same duties and liabilities as the auditor himself is entitled to.

12 & 13 VICT. CAP. 103.

[1st August, 1849.]

of auditor,

board to

auditor to

Sect. VIII. That when any auditor shall die, resign, or be removed, On vacancy or become incompetent to act at any time when the audit of the accounts in the office of the parishes or unions within his district shall not be completed, the poor law poor law board (a) may, by order under their seal, apoint temporarily appoint a some other person to audit the accounts of the several parishes or unions temporary which may then be ready to be audited; and such temporary auditor andit acshall have the same powers and authorities, and shall be subject to the counts incomplete. same obligations and duties, as the ordinary auditor would have possessed or would have been subject to, and shall receive such remuneration as the said commissioners shall direct for the performance of his services herein.

tation in

IX. "Whereas in the Act of the last session of parliament, intituled Certain limi'An Act to facilitate the Performance of the Duties of Justices of the 11 & 12 Vict. Peace out of Sessions within England and Wales with respect to sum- c. 43, not to mary Convictions and Orders,' it is enacted, that in all cases where no proceedings apply to time had then been or should thereafter be specially limited for making by auditors. the complaints, or laying the informations therein referred to, every such complaint should be made and every such information laid within six calendar months from the time when the matter of such complaint or information respectively arose; and doubts have been entertained whether the provision aforesaid applies to proceedings by auditors to recover sums certified by them to be due on the accounts of officers or other persons, and it is desirable to remove such doubts:" Be it there

(a) Now the Local Government Board.

Auditors

may recover

costs of proceedings to enforce due attendance

fore declared and enacted, that nothing in the provision of the said Act herein recited shall be deemed to apply to any such proceeding by any auditor, but that no auditor shall commence any such proceeding after the lapse of nine calendar months from the disallowance or surcharge by such auditor, or, in the event of an application by way of appeal against the same to the Court of Queen's Bench, or to the poor law board (4), after the lapse of nine calendar months from the determination thereupon (b).

XI. Where any auditor shall lay any information for a penalty in conse quence of the default of any officer or other person to attend the audit, or the adjournment thereof, or to produce the proper account or vonchers, or to make or sign the proper declaration before him, the costs incurred at the audit. by such auditor, when not recovered from the defendant in such informa tion, shall, if the poor law board (a) consent thereto, be payable to such auditor, and be chargeable in like manner as the costs incurred by an auditor in enforcing the payment of sums certified by him to be due (c)

29 & 30 VICT. CAP. 113.

[10th August, 1866.]

Effect of an extraordinary audit.

Auditor

to inspect

books at any time.

VI. When the poor law board (a) shall require an auditor to hold an extraordinary audit of the accounts of any guardians or Overseers, or of any officer, whether still continuing or upon his resignation or removal from office, such audit shall be deemed to be an audit within the meaning of the several Acts relating to the audit of the accounts of the poor rate, and may be held after three days notice thereof given in the usual

manner.

VII. The auditor who shall be authorized to audit the accounts of empowered any guardians, overseers, or officers may at any time, when authorized or required by the poor law board (a) so to do, inspect the accounts and books of account of any guardians, overseer, or any officer liable to account to him; and any such guardian, overseer, or officer who shall thereupon refuse to allow him to inspect the same, or shall obstruct him in such inspection, or shall conceal any such account or book for the purpose of preventing such inspection, shall forfeit a sum not exceeding five pounds to be recovered as a penalty under the statute of the fourth and fifth of King William the Fourth, chapter seventy-six, and to be applied to the

(a) Now the Local Government Board.

(b) See upon this clause Q. v. Tyrwhitt, 14 Jur. 1024; 19 L. J. R., M. C. 249, 4

N. S. C. 267.

(c) See 7 & 8 Vict. c. 101, s. 32, and 21 & & 22 Vict c 98, s. 60, ante.

use of the parish or union for which such guardian, overseer, or officer respectively shall act.

31 & 32 VICT. CAP. 122.

[31st July, 1868.]

*

Board to

Sect. XXIV. So much of the 7 & 8 Vict. c. 101, s. 32, as provides for Poor Law the election of district auditors, shall be repealed; and whenever the appoint office of an auditor appointed or to be appointed under the authority of auditors. the said Act shall, after the passing of this Act, become vacant, or whenever an auditor shall be ordered to be appointed for any district or parish under the authority of the said Act, or of the Poor Law Amendment Act, 1834, the poor law board (a) may, by order under their seal, appoint a person to be auditor of such district (or any part thereof) or of such parish;

And the said person so appointed shall have all the powers and privileges, and shall do all the matters and things, which the auditors of districts under any Act of Her Majesty have or are required or empowered to do: ** Provided that before such auditor shall be empowered Notice of to act a notice of his appointment shall be inserted in the London appointment Gazette, and no further or other notice or proof of such appointment be inserted shall be required.

(a) Now the Local Government Board.

of auditor to

in London Gazette.

BURIAL ACTS CLAUSES.

Local board of health

may, by order in council, be

a burial board.

20 & 21 VICT. CAP. 81.

An Act to amend the Burial Acts.

[25th August, 1857.]

IV. In case it appear to Her Majesty in council, upon the petition of the local board of health of any district established under the Public Health Act, or upon the petition of any commissioners elected by the constituted ratepayers, and acting under or by virtue of the powers of any local Act of parliament for the improvement of any town, parish, or borough, stating that the district of such local board of health or of such commissioners is co-extensive with a district for which it is proposed to provide a burial ground, and that no burial board has been appointed for such district, and that an order in council has been made for closing all or any of the burial grounds within the said district, it shall be lawful for Her Majesty, with the advice of her privy council, in case Her Majesty see fit so to do, to order that such local board shall be a burial board for the district of such local board, or that such commissioners shall be a burial board for the district of such commissioners, and thereupon such local board or such commissioners as the case may be, shall be a burial board for such district accordingly;

And the powers and provisions of the Acts herein before mentioned (a) (except the provisions relating to the constitution or appointment and resignation of members of burial boards), and the provisions herein contained, shall extend to the district of such board, and to such board, or to the district of such commissioners, and to such commissioners, and to any burial ground and places for the reception of the bodies of the dead previously to interment which may be provided by such board or by such commissioners, in like manner as to any parish or parishes and the burial board thereof, and any burial ground and any such places as aforesaid provided by such last-mentioned board, save that no approval, sanction, or authorization of any vestry shall be requisite:

Provided always, that notice of such petition, and of the time when it shall please Her Majesty to order the same to be taken into considera

(a) 18 & 17 Vict. c. 134; 17 & 18 Vict. c. 87; 18 & 19 Vict. cc. 78, 128.

tion by the privy council, shall be published in the London Gazette, and in one of the newspapers usually circulating in the district of such local board or of such commissioners, one month at least before such petition is so considered:

Provided also, that this enactment shall not apply to any such district as aforesaid exclusively consisting of the whole or part of one corporate borough within the meaning of the Public Health Act, 1848 (a).

blished for a

V. The vestry, or meeting in the nature of a vestry, of any parish, new Burial board parish, township, or other district not separately maintaining its own may be esta poor, and which has had no separate burial ground, may appoint a burial district not board; maintaining its own poor,

separate

And such vestry or meeting, and the burial board appointed by it, shall and which exercise and have all the powers which they might have exercised has had no and bad under the said Acts and this Act if such parish, new parish, burial ground. township, or district had had a separate burial ground before the passing of the said Act of the eighteenth and nineteenth years of Her Majesty: Provided always, that all the powers of any other vestry or meeting and burial board, if any, shall then cease and determine, so far as relates to such parish, new parish, township, or district as aforesaid.

tries not to

be void by

&c.

XXVII. No resolution or proceeding of any vestry, or meeting in the Resolutions, nature of a vestry, for the purposes of the said recited Acts and this Act, &c. of vesor any of them, shall be void or voidable by reason of any defect or reason of irregularity of or in notice of such vestry or meeting, or any other error irregularity in form in the calling of such vestry or meeting, or in the proceedings of notices, thereat, unless notice in writing, of such defect or irregularity or error shall have been given at such vestry or meeting, or within seven days after the day of the holding thereof, to the churchwardens or other persons to whom it belongs to call meetings of such vestry, or such meeting in the nature of a vestry, who shall thereupon call another meeting for the purpose of considering the previous resolution or proceeding or the matter thereof;

And no such resolution and proceeding made or taken at any such vestry, or meeting in the nature of a vestry, before the passing of this Act, which shall not have been objected to by notice in writing to such churchwardens or persons as aforesaid, shall be deemed invalid by reason of any such defect, irregularity, or error.

board."

XXVIII. In the construction of this Act the expression "burial “ Burial board" shall mean a burial board constituted under the herein before recited Acts or any of them, or under this Act.

(a) See 21 & 22 Vict. c. 98, s. 2, ante.