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and not elsewhere; and the Defendant shall be at liberty to plead
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 liable.
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.
CXLVIII. And be it enacted, That whosoever wilfully obstructs any obstructing Officers, defacing Superintending Inspector, or any Member of the Local Board of Boards, &c.
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
(Sec. 20.21.) scribed, shall, if the same were put up by Authority of the Local or General Board of Health, be liable for every 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 Notice
Proceeding of any kind whatsoever to be served upon the Local sioners.
Office, or by being delivered there to the Clerk personally; (b)
And with respect to the Appointment and Accountability of 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:
Sections 37 to 40 of 11 & 12 Vict.
rated with this Act.
XXXVII. And be it enacted, That the Local Board of Health shall Power to Com
missioners to 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- To make Byclaws
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
every such Officer and Servant shall be removable by the said Local Board at their Pleasure, subject nevert ess, 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
be Surveyor and 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
not Clerk'and Treasurer.
(@) 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-
Oficers, &c. intrusted with Money to give Security, and to account.
XXXIX. And be it enacted, That before any such Officer or Servant
enters upon any Office or Employment under this Act by reason whereof he will or may be intrusted with the Custody or Control of Money, the Local Board of Health by whom he is appointed shall require and take from him sufficient Security for the faithful Execution of such Office or Employment, and for duly accounting for all Monies which may be intrusted to him by reason thereof; and every such Officer or Servant employed in the Collection of Rates under the Authority of this Act shall, within Seven Days after he shall have received any Monies on account of such Rates, pay over the same to the Treasurer, and shall, as and when the said Local Board may direct, deliver a List, signed by him, containing the Names of all Persons who have neglected or refused to pay any such Rate, and the Sums respectively due from them ; 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 rereceived 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 to the
Section 21) Treasurer all Monies owing by him upon the Balance of Accounts; Summary Pro
ceedings to be and if any such Officer or Servant fail to render such Account, 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
failing to account tioned Justices that he has failed to render any such Accounts, or deliver up 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 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 to
abscond may be that there is probable Cause for believing that the Party charged apprehendid, ke. 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," but 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.
Power to appoint an Officer of Health.
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.
Time to Time, if they shall think fit, appoint a fit and proper
General Board. XXII. That the Commissioners may from Time to Time appoint 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.
And with respect to the Contracts, Deeds, Notices, and Documents by and to the Commissioners, be it enacted,
XXIII. That the following Sections of “The Public Health Act, 1848" shall be incorporated with this Act :
Paviors, &c. may be appointed.
Sections 85, 149, and 151 of il and 12 Vict. c. 63.