And every officer and servant appointed or 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 (o) to the treasurer all monies owing by him upon the balance of accounts;

to be taken

in case of

And if any such officer or servant fail to render such ac- Summary count, or to produce and deliver up such of the said vouchers proceedings and receipts as may be in his possession or power, or to pay failing to over any such monies as aforesaid, or if for the space of five account, &c. days after being thereunto required he fail to deliver up to the said local board all papers and writings, property, effects, matters, and things, in his possession 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 being made to him in that behalf, summon the party charged to appear and answer the complaint before two justices (p) at a time and place to be specified in the summons (q);

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 (r), and if it appear to the last-mentioned justices that he has failed to

(0) There is some vagueness here as to when the balances are to be Render of paid over. This requisition of course applies when the term of office has accounts. expired; but the local board will probably make some additional regulation for other payments. See the analogous provision in the 5 & 6 Will. 4, c. 76, s. 60, and the decisions thereon.

(p) See sect. 2, ante, as to the application of these words.

(9) See sect. 131, post, which, however, does not apply to this clause, and also refer to 21 & 22 Vict. c. 98, s. 60, post, as to the proceedings by the auditor.

(r) As defaulting officers frequently abscond, this mode of service is very usual. See the cases on the service of summons in Bastardy, and upon the County Court Acts, as to the last known place of abode.

render any
such accounts, or to produce and deliver up any
such vouchers or receipts, or any such papers, writings, pro-
perty, 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 (g) he shall have rendered such
accounts, and produced and delivered up all such vouchers,
receipts, books, papers, writings, property, effects, matters,
and things in respect of which the charge was made (h);

And if it appear that the party charged has 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 (i):

Provided always, that if the complainant, by deposition on oath, show to the satisfaction of any justice that there is probable cause for believing that the party charged intends to abscond, such justice may, without previous summons, by

Limitation

of time for the proceeding.

(g) There is no limitation of time for this imprisonment; so that the prisoner, if obdurate, may remain in prison for his life; but if he render an account, and cannot pay the balance, he may be committed to prison for three months only. Whether either provision be imperative upon the justices may be questioned. Upon a similar provision in 17 Geo. 2, c. 38, s. 2, the Court of Queen's Bench held that it was in the discretion of the justices whether they would commit an overseer who neglected to account to gaol, K. v. Justices of Norfolk, 4 B. & Ad. 238.

(h) The failure to render an account or give up books is a continuing offence, and therefore the statutory limitation against proceedings before justices contained in 11 & 12 Vict. c. 43, will not apply. Indeed the order of justices under this section so far as it applies to the delivery of books is not penal, but only in the nature of a distress. Mayer, appt. v. Harding, respt., 17 L. T. (N. s.) 140. The neglect to pay over the monies is a substantive offence, and to this the 11 & 12 Vict. c. 43, s. 11, may apply.

(i) The Debtors Act (32 & 33 Vict. c. 62,) does not operate to prevent the imprisonment of this defaulter. See The Queen v. Pratt, Law Rep. 5 Q. B. 176. But the Court of Queen's Bench have decided in Reg. v.

warrant under his hand and seal, cause him to be forthwith apprehended (k);

And in such case the said party shall, within twenty-four hours after apprehension, be brought before the same or some other justice (1), 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 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:

Provided also, that no such proceedings shall be construed to relieve or discharge any surety of the offender from any liability whatsoever (m).

point an

officer of

health.

XL. And be it enacted (n), that the local board of health power to apmay from time to time, if they shall think fit, appoint a fit and proper person, being a legally qualified medical practitioner (o), or a member of the medical profession, 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 (p);

Martin, Law Rep. 4 Q. B. 285; 38 L. J. M. C. 73, that a discharge in bankruptcy operated to prevent an auditor from enforcing his certificate of a sum due from an overseer.

(k) See also 11 & 12 Vict. c. 43, s. 2.

(1) This must be construed, however, so as to allow a longer delay if a justice cannot be found in the place within that time. See further in 11 & 12 Vict. c. 43, s. 3, the requisites of such warrant, and the mode and time of its execution.

(m) But it is a question not yet settled by any authority whether committal to prison in default of adequate distress will operate as a release of the defaulter's own liability.

(n) The Towns Improvement Clauses Act, 1847, 10 & 11 Vict. c. 34, in sect. 12, provides for the appointment of an officer of health, and prescribes his duties.

(0) By 21 & 22 Vict. c. 90, s. 34, these words are to signify a person Qualification registered under that Act, and by sect. 36, no person after Jan. 1, 1859, of the officer is to hold the office of medical officer of health unless so registered.

(p) When the general board ceased to exist the local board who appointed the officer were the proper body to prescribe these duties. But the excellent code of regulations prescribed by that general board and

of health.

Map exhibiting system of sewerage.

And the same person may be Officer of Health for two or more districts;

And the local board or boards of health of the district or districts respectively for which any such officer is appointed may pay to him, out of the general district rates to be levied under this Act, such remuneration by way of annual salary or otherwise as the said local board or boards may by order in writing determine and appoint (ƒ), and (in case of a joint appointment for two or more districts) in such proportions as the said general board (g) may by order in writing determine and appoint:

[Provided always, that the appointment and removal of the officer of health shall be subject to the approval (h) of the said general board.]

POWERS OF THE LOCAL BOARD.

XLI. And be it enacted, that the said local board of health may, if they shall think fit, cause to be prepared (i), or to procure, a map exhibiting a system of sewerage for effectually draining their district for the purposes of this Act, upon a scale to be prescribed by the general board of health (k); And such shall be kept at the office of the said local board, and shall at all reasonable times be open to the inspection of the ratepayers (1) of the district to which it applies.

every

map

issued under their hands and seal on the 12th February, 1851, may be consulted for this purpose with great advantage.

(f) It must be observed that the appointment of this officer must be in writing, at least the salary must be set out in writing.

(g) The boards have had to arrange the proportions themselves. (h) This approval is dispensed with by 21 & 22 Vict. c. 98, s. 8. (i) The 10 & 11 Vict. c. 34, ss. 13-18, provides for the making of maps of districts. Sect. 143, post, gives a right of entry upon private lands for the purpose of survey, and a means of enforcing it. (k) The local board now fix the scale themselves.

(1) There is no general definition of this term in this Act. In s. 20, a ratepayer is defined but only for the purpose of the election, and the definition is very complicated. Probably the best definition re'ers to the district rate, so that a ratepayer is a person who is assessed in that rate.

surveys, &c.

XLII. And be it enacted, that the expense of surveys, Expense of maps, or plans made, prepared, or procured by the local board of health for the purposes of this Act shall be defrayed out of the general district rates to be levied under this Act (m).

vested in lo

XLIII. And be it enacted (n), that all sewers (o), whether sewers, &c. existing at the time when this Act is applied or made at any cal board. time thereafter,

(Except sewers made by any person (p) or persons for his or their own profit, or for the profit of proprietors (q) or shareholders,

And except sewers made and used for the purpose of draining, preserving, or improving land under any local or private Act of parliament, or for the purpose (r) of irrigating land.

And sewers under the authority of any commissioners of sewers appointed by the Crown,)

Together with all buildings, works, materials, and things belonging or appertaining thereto, shall vest in, belong to,

(m) See s. 87. The 27 & 28 Vict. c. 39, s. 10, enables maps or plans of parishes to be made for the purposes of the union assessment committees. (n) See further, as to sewerage, 21 & 22 Vict. c. 98, s. 29, and following clauses.

(o) Note, in section 2, ante, the distinction between sewers and drains. A natural stream supplied by natural and artificial drainage of cultivated soil belonging to private individuals was cleared out and partially widened and deepened by commissioners acting under a Private Inclosure Act, powers being given to them to do so at the expense of the proprietors. In its passage to a public river, it passed through a town and received the drainage of a few inhabited houses. It was held that, assuming it to be a sewer, which was very doubtful, it came within the exceptions in this section, and was not vested in the local board of health, so that they were not liable to cleanse and repair it. Q. v. The Local Board of Godmanchester, 34 L. J. Q. B. 13; 11 Jur. 63; 5 B. & S. 886, 936; 14 L. T. (N. s.) 104; 35 L. J. Q. B. 125.

(p) This word includes a corporation aggregate, see s. 2, ante. (9) This word seems to apply to the case of works of an extensive character, such as canals, sluices, piers, basins, docks, and the like where the persons engaged in the concern are frequently termed "proprietors." See sect. 145, post.

(r) This purpose of irrigation is not limited, as it seems, to cases under local Acts,

F