And to each person so elected the said chairman shall Notices to send or deliver a notice of such election ;

be sent to

persons elected.

per

sons elected,

And the said chairman shall also cause to be made a list containing the names of the candidates, together with (in case of a contest) the number of votes given for each, and the names of the persons elected, and shall sign and certify the same, and shall deliver such list, together with the List of nomination and voting paper which he shall have received, &c. to be to the local board of health at their first or next meeting (as to local the case may be), who shall cause the same to be deposited in their office, and the same shall, during office hours the same, thereat, be kept open to inspection, together with all other be open to documents relating to the election, for six months after the election shall have taken place, without fee or reward;

And the said chairman shall cause such list to be printed, and copies thereof to be affixed at the usual places for affixing notices of parochial business within the parts for which the election shall have been made.

transmitted

boards, who shall deposit

which shall

inspection.

persons

elections

XXVIII. And be it enacted, that if the said chairman or Penalty upon other person charged with taking, collecting, or returning conducting the votes at any such election as aforesaid shall neglect (i) neglecting to or refuse to comply with any of the provisions of this Act in comply with that behalf (k), he shall be liable for every such offence to a

provisions

of this Act.

used at a previous election. Q. v. Lofthouse and Wilson, 1 Law Rep. Q. B. 433; 7 B. & S. 447.

The costs of the information are not to be allowed to the relator as if the case were within the statute, 9 Ann. c. 20. See Q. v. Backhouse, 7 B. & S. 911.

(i) The penalty is incurred by mere neglect. See King v. Burrell, 9 L. J. R. Q. B. 357; 12 A. & E. 460. In Q. v. Lofthouse and Wilson, Law Rep. 1 Q. B. 433, it was stated that erroneous entries in the voting papers might subject the returning officer to a penalty.

(k) If the chairman knowing a voter to be qualified maliciously refuses to receive his voting paper, he would be liable to an action at the suit of the voter. Tozer v. Child, 6 E. & B. 289. But if he, boná fide believing the voter to be not qualified, rejects the vote, though erroneously, he is not liable. S. C.

Defects in election,

&c. not to invalidate

penalty not exceeding fifty pounds (1); and any person employed for the purposes of any such election, by or under the said chairman or other person charged as aforesaid, who shall be guilty of any such neglect (m) or refusal, shall be liable for every such offence to a penalty not exceeding five pounds (1).

XXIX. And be it enacted, that all proceedings of the local board of health, and of any person acting as a member proceedings. or under the authority thereof, shall, notwithstanding any defect in the selection or election of such board or any member thereof, be as valid and effectual as if no such defect had ever existed (n).

Expenses of

elections to be defrayed out of gene ral district rates.

Local board

of health in Oxford and Cambridge

to consist of

Oxford and

Cambridge improvement commissioners. 52 Geo. 3, c. lxxii.

XXX. And be it enacted, that the necessary expenses attendant upon any such election as aforesaid, and such reasonable remuneration (o) to returning officers and other persons for services performed or expenses incurred by them in relation thereto as shall from time to time be allowed by the local board of health in that behalf, shall be paid out of the general district rates to be levied under this Act.

XXXI. Provided always, (p), and be it enacted, that nothing hereinbefore contained with respect to the appointment, selection, or election of any local board of health, or member thereof, shall apply to the city of Oxford, or the parts within the jurisdiction of the commissioners for amending certain mileways leading to Oxford, and making improvements in the university and city of Oxford, the suburbs thereof, and the adjoining parish of St. Clement, (which commissioners are hereinafter called the Oxford commissioners,) or to the borough of Cam

(1) See, as to the recovery of this penalty, sect. 129, post, and also the provision in 21 & 22 Vict. c. 98, s. 13, No. (5), to prevent malpractices at these elections.

(m) See note on this section, ante.

(n) See a similar provision in 5 & 6 Vict. c. 57, s. 12, with reference to the board of guardians, and see sect. 19, ante.

(0) The statute vests in the local board a discretion as to the amount, which they are to allow, and this cannot be reviewed by any court. Ex parte Metcalf, 6 E. & B. 288. Hence it is desirable to settle before the election, whore practicable, what allowances shall be made.

(p) See also 21 & 22 Vict. c. 98, s. 82, post, and the Acts 27 & 23 Vict. c. 68; 28 & 29 Vict. c. 108, s. 4, as to Oxford.

c. civ.

bridge, or the parts within the jurisdiction of the commissioners acting 34 Geo. 3, under an Act of the thirty-fourth year of the reign of King George the Third for amending and enlarging the powers of a former Act of the same reign for the better paving, cleansing, and lighting the town of Cambridge, for removing and preventing obstructions and annoyances, and for widening the streets, lanes, and other passages within that town (which commissioners are hereinafter called the Cambridge commissioners);

And if the city of Oxford, or the parts within the first-mentioned jurisdiction, become a district under this Act, the same shall be called "the Oxford district," and the said Oxford commissioners for the time being shall, within and for such district, be the local board of health under this Act;

And if the borough of Cambridge, or the parts comprised within the jurisdiction secondly above mentioned, become a district under this Act, the same shall be called" the Cambridge district," and the said Cambridge commissioners for the time being shall, within and for such district, be the local board of health under this Act.

tion of the

Act by com

missioners under local

XXXII. And be it declared and enacted (p), that whenever by any With respect such provisional order (q) as aforesaid the commissioners or trustees to the execuacting under any local Act of parliament are constituted the local board of health under this Act, such commissioners or trustees shall, within and for the district to which such provisional order applies, exercise Acts in other and execute the powers, authorities, and duties vested in or imposed on the local board of health by this Act, and so much of this Act as relates to the appointment, election, or selection of local boards of health shall not apply to such district.

cases.

of health,

in

XXXIII. And be it enacted, that if, after the application Local board of this Act to any district, the parts constituting the district case of a shall afterwards become or be entirely comprised within the afterwards limits of a corporate borough, the mayor, aldermen, and bur

(p) It does not appear by the previous clauses that any such commissioners or trustees were to be constituted a local board. But Mr. Lawes, in his edition of this Act, explains that as it was apprehended that the general board of health might have created a local board out of such commissioners or trustees under the general language contained in sect. 10, it was necessary to introduce this section. But the Act, 21 & 22 Vict. c. 98, s. 12, enables improvement commissioners, when elected by the ratepayers, to form local boards

(9) See now 21 & 22 Vict. c. 98, s. 12, post, which dispenses with the provisional order.

district

becoming a

corporate borough.

gesses of such borough shall from and after such day as shall have been specified in the charter of incorporation in this behalf be, by the council of the borough, the local board of health within and for such district;

And in case any day shall have been so specified, but not otherwise, the powers, authorities, duties, property, and liabilities of any other persons, as such local board, shall from and after that day absolutely cease and determine, and be vested in such mayor, aldermen, and burgesses, as fully to all intents and purposes as if they had always been the local board of health from the time when the district was originally constituted (c).

Meetings of local boards of non-corporate districts, and regulation

of business, &c.

Bye-laws.

PROCEEDINGS OF THE LOCAL BOARD.

XXXIV. And be it enacted, that the local board of health of every non-corporate district shall hold an annual meeting (d), 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 byelaws (e) with respect to the summoning, notice, place, management, and adjournment (f) of such meetings, and

(c) See 21 & 22 Vict. c. 98, s. 26, post, which repeals so much of this section as requires a day to be fixed in the charter, and consequently takes away the restriction upon the transfer of the powers contained in the above clause.

(d) No particular day is pointed out when this meeting is to be held.

(e) See sect. 115, post, as to byelaws made by the local board. It is by no means clear what is the effect of the byelaws referred to in the text. The board can lay down rules for their governance which they may call byelaws, and which for all practical purposes will be obeyed. They can of course be revoked or rescinded, but how and when may admit of some question. The byelaws referred to in sect. 115 operate upon other persons, and their violation is subject to a penalty.

(f) The general rule as to adjournment of meetings is, that notice of such adjournment is not requisite. Kerr. v Wilkie, 6 Jur. (N. s.) 382; 35 L. T. 501. But the byelaw of the local board may perhaps render it necessary.

generally with respect to the transaction and management of business by such board under this Act.

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 (g), in which cases business may be transacted if at least seven members be present;

And all questions shall be decided by a majority of votes (h);

And the names of the members present, as well as of those voting upon each question, shall be recorded (i);

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; 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

(g) See sect. 31, ante.

() Much difficulty has lately arisen in regard to the determination Majority of of the majority upon any question submitted to a body consisting of a votes how limited number. It seems now to be established that in such cases where determined. it is required that there should be a majority of the members present at the meeting, the majority must be calculated by reckoning not only the persons who vote upon any question, but those who are present at the meeting, so that the majority must be of the latter. See Ex parte Eynsham, 13 Jur. 345; 12 Q. B. 398. Reg. v. Griffiths, 17 Q. B. 164; and Reg. v. Overseers of Christchurch, Spitalfields, 26 L. J. R., M. C. 68; 7 E. & B. 409. Veley v. Burder, 12 A. & E. 300. Gosling v. Veley, 12 Q. B. 328. Here, however, the language of the clause is not so definite, and it may be contended that a majority of votes is equivalent to a majority of the persons voting on the question.

It will be observed that the last part of this clause gives a casting vote to the chairman in the case of equality of votes.

(i) This troublesome requisition seems to be directory only, so that the validity of the decision will not be affected by the omission.