Page images
PDF
EPUB

(Sec. 122.)

same, and the Interest to be paid thereon, in the same Manner in all respects as on the Case of Monies borrowed for defraying Costs, Charges, and Expenses incurred by the Local Board of Health in the Execution of this Act.

Also the Section numbered 111 of the same Act:

Form of Mortgage.

Register of
Mortgages.

CXI. And be it enacted, That every Mortgage authorized to be made

under this Act shall be by Deed, truly stating the Date, Consideration, and the Time and Place of Payment, and shall (in the Case of a Noncorporate District) be sealed with the Seal of the Local Board of Health by or on the Part of whom the same is executed, and be signed by Five (a.) or more Members thereof, (or in the Case of a Corporate District) be sealed with the Common Seal, and may be made according to the Form contained in the Schedule (B.) (6.) to this Act annexed, or to the like Effect; and there shall be kept at the Office of the Local Board of Health a Register of the Mortgages upon each Rate, and within Fourteen Days after the Date of any Mortgage an Entry shall be made in the Register of the Number and Date thereof, and of the Names and Description of the Parties thereto, as stated in the Deed ; and every such Register shall be open to public Inspection during Office Hours at the said Office, without Fee or Reward ; and any Clerk or other Person having the Custody of the same, refusing to allow suel Inspection, shall be liable to a Penalty not exceeding Five Pounds Also the Section numbered 112 of the same Act:

Open for Inspection.

Transfer of
Mortgages.

Register of Transfers.

CXII. And be it enacted, That any Mortgagee or other Person en

titled to any such Mortgage may transfer his Estate and Interesa
therein to any other Person by Deed duly stamped, truly statin:
its Date and the Consideration for the Transfer; and such Transfer
may be according to the Form contained in the Schedule (C) (6.
to this Act annexed, or to the like Effect; and there shall be kep
at the Office of the Local Board of Health a Register of th
Transfers of Mortgage charged upon each kind of Rate, and withi
Thirty Days after the Date of such Deed of Transfer, if execute
within the United Kingdom, or within Thirty Days after its Arri
val in the United Kingdom, if executed elsewhere, the same sha
be produced to the Clerk, who shall, upon Payment of the Su:
of Five Shillings, cause an Entry to be made in such Register
its Date, and of the Names and Description of the Parties theret:
as stated in the Transfer; and upon any Transfer being so regi-
tered the Transferee, his Executors, Administrators, or Assig
shall be entitled to the full Benefit of the original Mortgage

Clerks Fee

[graphic][merged small]

Audi.
aire
2 of

a ty on Per. tor Neglect.

I've declaration tsore Auditor.

(Sects. 122, 123.124.) Sum due must be £1000.

rateably apportioned between them : Provided always, that no such Application shall be entertained unless the Sum or Sums due and owing to the Applicant amount to One thousand Pounds, or unless a joint Application be made by Two or more Mortgagees or other Person to whom there may be due, after such Lapse of Time and Demand as last aforesaid, Monies collectively amounting to that Sum.

Also the Section numbered 119 of the same Act.

Mortgage of Rates to be made only with Approval of General Board.

CXIX. And be it enacted, That it shall not be lawful for the Local

Board of Health to borrow or take up at Interest any Sum or Sums of Money upon the Credit of any Rates authorized to be made or collected under this Act, without the previous Consent of the General Board of Health.

Accounts.

Account Books of Income and Expenditure,

And with respect to Accounts to be kept by the Commissioners, be it enacted,

CXXIII. That the Commissioners shall cause Books to be provided and kept, and full and correct Accounts to be entered therein, of all Rates and other Monies levied, received, and recovered by the Commissioners, and of the Application thereof, distinguishing the Times and Purposes when and for which Monies were received and paid, and the respective Districts or

Places in and for which Monies were collected and expended; Open to In- and the Commissioners, and the Ratepayers, and every Creditor

on the Rates, may at all reasonable Times inspect and take Copies

of or Extracts from such Books, without Fee or Reward; and Penalty for re- any Clerk or other Person having the Custody of such Books who,

on any reasonable Demand of any such Commissioners, Ratepayers, or Creditor as aforesaid, doth not permit him to inspect such Books, or to take such Copies or Extracts as aforesaid, shall be liable to a Penalty not exceeding Five Pounds for every

such Offence.

spection.

fusing inspection or copy.

Annual Account.

CXXIV. That the Commissioners shall in the Month of October in

every Year cause their Accounts to be balanced up to the Thirtieth Day of the preceding September, and the Commissioners shall cause a full Statement and Account to be drawn out of the Amount of all Contracts entered into and of all Monies received and expended by virtue of this Act during such preceding Year, under proper and distinct Heads of Receipts and Experditure, and also of all Arrears of Rates and other Monies then owing to the Commissioners, and of all Mortgages and other Debts then

(Sec. 125.) owing by the Commissioners; and such Statement shall be produced at the Annual Meeting of the Commissioners and there examined, and when settled shall be certified by the Signature Settlement. of the Chairman and Commissioners Clerk.

Publication of

& 12 Vict c. 63

Accounts.

CXXV. That the Section numbered 122 of the Public Health Auditor, and Act shall be incorporated with this Act.

Accounts.

Section 122 of II CXXII. And be it enacted, That the Accounts of the Receipts and incorporated.

Expenditure of the Local Board of Health shall be audited and As to Audit of 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, 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 Twentyfifth Day of March in every Year, by the Auditor of Accounts re

By Poor Law lating to the Relief of the Poor for the District for the Audit of Auditor. 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 Exami

Power to Audi nation of Accounts under this Act every such Auditors or Auditor tor to require may, by Summons in Writing, require the Production before him Books, &c. 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, Docunients, or Papers to appear before them or him at any such Audit and Esamination, or Adjournment thereof, and to make and sign a Declaration with respect to the same ; and if any such Person neglect Penalty on Peror refuse so to do, or to produce any such Books, Deeds, Con- sons for Neglect. tracts, 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 False declaration or corruptly make or sign any such Declaration, knowing the before Auditor. same to be untrue in any material Particular, he shall be liable

Y

[blocks in formation]

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 ; 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 Days Notice of the Time and 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 ; and a Copy of the Accounts to be audited and examined shall be deposited in the Office of the Local Board of Health, and be open, during 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.

Clerk to publish Auditor's Report.

Arbitration.

And with respect to Arbitration under this Act, be it enacted,

CXXVI. That the following Sections of “The Public Health Vict. c. 63. in. Act, 1848," shall be incorporated with this Act :

Sections 123 to 128 of 11 and 12

corporated with this Act.

The Section nnmbered 123 of the said Act:

Mode of refere ring to Arbitration.

CXXIII. And be it enacted, That in case of Dispute as to the

Amount of any Compensation to be made under the Provisions of this Act (except where the Mode of determining the same is specially provided for), and in case of any Matter which by this Act is authorized or directed to be settled by Arbitration, 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 ; and every such Appointment when made on the Behalf of the Local Board of Health shall (in the Case of a Noncorporate District) be under their Seal and the Hands of any Five (a.) or more of their Num

By sec. 23 anto p. 88 Two Commissioners are sufcient.

« EelmineJätka »