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Section 20.) General Issue.
and not elsewhere; and the Defendant shall be at liberty to plead the General Issue, and give this Act and all special Matter in Evidence thereunder; and any Person to whom any such Notice of Action is given as aforesaid may tender Amends to the Plaintiff, his Attorney or Agent, at any Time within One Month after Service of such Notice, and in case the same be not accepted may plead such Tender in bar, and (by Leave of the Court) with the General Issue or other Plea or Pleas; and if upon Issue joined upon any Plea pleaded to the whole Action the Jury find generally for the Defendant, or if the plaintiff be nonsuited or discontinue, or if Judgment be given for the Defendant, then the Defendant shall be entitled to full Costs of Suit, and have Judgment accordingly; and in case Amends have not been tendered as aforesaid, or in case the Amends tendered be insufficient, the Defendant may, by Leave of the Court, at any Time before Trial, pay into Court, under Plea, such Sum of Money as he may think proper, and (by the like Leave) may plead the General Issue or other Plea or Pleas, any Rule of Court or Practice to the contrary notwithstanding
Money may be paid into Court.
Also the Section numbered 140 of the same Act:
Persons acting CXL. And be it enacted, That no Matter or Thing done or Contract in execution of Act not to be entered into by the Local Board of Health, nor any Matter or personally
Thing done by any Superintending Inspector, or any Member of the said Local Board, or by the Officer of Health, Clerk, Surveyor, Inspector of Nuisances, or other Officer or Person whomsoever acting under the Direction of the said Local Board, shall, if the Matter or Thing were done or the Contract were entered into bona fide for the Purpose of executing this Act, subject them or any of them personally to any Action, Liability, Claim, or Demand
whatsoever; and any Expense incurred by any such Local Board, Their expenses to be repaid. Member, Officer of Health, Clerk, Surveyor, Inspector of Nui
sances, or other Officer or Person acting as last aforesaid, shall be
Authority of this Act.
Health, or any Officer or Person duly employed in the Execution of this Act, or destroys, pulls down, injures, or defaces any Board upon which any Byelaw, Notice, or other Matter is in
Sections 37 to 40 of 11 & 12 Vict.
(Sec. 20.21.) scribed, shall, if the same were put up by Authority of the Local or General Board of Health, be liable for
such Offence to a Penalty not exceeding Five Pounds ; (a) Also so much of the Section numbered 150 of the same Act as relates to the Service of Notices and Proceedings on the Commissioners : CL. And be it enacted, That any Summons, Notice, Writ, or Service of Notico
upon CommisProceeding of any kind whatsoever to be served upon the Local sioners. 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 ; (b) And the Notices required to be given to Commissioners indi- On individual vidually shall be sufficiently given if directed to them by Name, and transmitted through the Post to their usual Place of Abode or Place of Business (if any) within the Borough.
And with respect to the Appointment and Accountability of Officers. Officers of the Commissioners, be it enacted,
XXI. That the following Sections of “The Public Health Act, c. 63. incorpo 1848,” shall be incorporated with this Act :
The Section numbered 37 of the said Act: XXXVII. And be it enacted, That the Local Board of Health shall Power to Cora
from Time to Time appoint fit and proper Persons to be Surveyor, appointSurveyor, Inspector of Nuisances, Clerk, and Treasurer for the Purposes of Nuisances, Clerk,
Treasurer, &c. this Act, and shall appoint or employ such Collectors and other Officers and Servants as may be necessary and proper for the efficient Execution of this Act, and shall make Byelaws for regu
as to their duties. lating the Duties and Conduct of the several Officers and Servants so appointed or employed; and the said Local Board may pay, out Salaries, &c. of the General District Rates to be levied under this Act, to such Officers and Servants, such reasonable Salaries, Wages, or Allowances as the said Local Board may think proper ; and every such Removal of Officer and Servant shall be removable by the said Local Board at their Pleasure, subject nevertheless, in the Case of the Removal of the Surveyor, to the Approval of the General Board of Health : Provided always, that the same Person may be both Surveyor and Same Person may Inspector of Nuisances ; but neither the Person holding the Office
Inspector of of Treasurer, nor his Partner, nor any Person in the Service or
Nuisances, but Employ of them or either of them, shall hold, be eligible to, or
rated with this Act.
be Surveyor and
(@) The remainder of this section is incorporated by Sec : 130 post.
Penalty upon Officers, &c. interested in Contracts or taking Fees improperly.
shall in any Manner assist or officiate in the Office of Clerk; and
Also the Section numbered 38 of the same Act:
or employed by or under the Local Board of Health shall in any-
Also the Section numbered 39 of the same Act:
enters upon any Office or Employment under this Act by reason
Omicers, &c. intrusted with Money to give Security, and to account.
Section 21) Treasurer all Monies owing by him upon the Balance of Accounts ; Summary Proand if any such Officer or Servant fail to render such Aco nt, or taken in case of
failing to account to produce and deliver up such of the said Vouchers and Receipts &c. as may be in his Possession or Power, or to pay over any such Monies as aforesaid, or if for the Space of Five 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 (a) being made to him in that Behalf, summon the Party charged to appear and answer the Complaint before Two Justices at a Time and Place to be specified in the Summons; 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, and if it appear to the last-men- Punishment for tioned Justices that he has failed to render any such Accounts, or deliver up
failing to account to produce and deliver up any such Vouchers or Receipts, or any such Papers, Writings, Property, 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 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 ; (b) and if it for failing to pay appear that the Party charged has failed to pay over any such
over inonios. 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 : Provided always, that if the Complainant,
Party charged by Deposition on Oath, show to the Satisfaction of any Justice intending t)
abscond may be that there is probable Cause for believing that the Party charged apprehended, &c. intends to abscond, such Justice may, without previous Summons,
(a.) Mr. Lawes suggests that the complaint under this section is an information within Jervis' Act, 11 & 12 Vic. c. 43, sec. 6.
(b.) Mr. Lawes writes that this "and" will be construed "or;" the intention of the section does not seem to require it, or is the alteration required to give the section full effect. If it were required, it is more than doubtful in a penal section whether any alteration would be admitted. Mr. Gael in his work on “Law Composition" page 172, gives the case of an Act of Parliament being passed to correct an error of the kind, where it was almost necessary to the sense, to make a similar alteration in the reading. In the case of Waterhouse v. Keen, 6 D. and Ry. 257, "and" was construed “or," bat that was the case of a remedial statute. This is the case of a penal section ; though it may be conceeded, that it would be for the benefit of the Offender, if the word "and" were read “or,'' as it might raise a doubt, if he had committed both offences, viz., failed to account or deliver up books, &c., and failed to pay the monies, whether two commitments might issue against him.
(Sections 21. 22. 23.)
by Warrant under his Hand and Seal, cause him to be forthwith apprehended ; and in such case the said Party shall, within Twenty-four Hours after Apprehension, be brought before the same or some other Justice, 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 be 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 Proceeding shall be construed to relieve or discharge any Surety of the Offender from any Liability what
Surety not to be relieved thereby.
And the Commissioners may accept the Security of any
Guarantee Society for the Fidelity of any Officer :
Also the Section numbered 40 of the same Act.
Power to appoint
XL. And be it enacted, That the Local Board of Health may from an Officer of Time to Time, if they shall think fit, appoint a fit and proper Health.,
Person, being a legally qualified Medical Practitioner 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 ; and
the same Person may be Officer of Health for Two or more Remuneration. Districts; and the Local Board or Boards of Health of the Dis
trict 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, and (in case of a joint Appointment for Two or more Districts) in such Proportions as
the said General Board may by Order in Writing determine and Approval of appoint : Provided always, that the Appointment and Removal of General Board.
the Officer of Health shall be subject to the Approval of the said
General Board. Paviors, &c. may
XXII. That the Commissioners may from Time to Time apbe appointed.
point such and so many Paviors, Artificers, Workmen, Labourers, Carters, and others, and also purchase or hire such Waggons, Carts, or other Carriages, Machinery, and Implements, as they
judge necessary for carrying this Act into execution. Contracts. And with respect to the Contracts, Deeds, Notices, and Docu
ments by and to the Commissioners, be it enacted, Sections 85, 149, XXIII. That the following Sections of “The Public Health and 151 of il and
Act, 1848" shall be incorporated with this Act :
12 Vict. c. 63.