by owners and rate

payers.

the mayor or mayors for the time being of the borough or boroughs whereof the whole or part is within such last-mentioned district, and such number of other persons as shall be fixed by such provisional order to be selected by such council or each of such councils respectively out of their own number, or from the persons qualified to be councillors of the borough in respect whereof the selection is to be made, and shall be named and selected by such council or councils accordingly, shall, together with such number of persons as shall be elected as hereinafter mentioned in respect of such non-corporate parts, be, within and for such district, the local board of health under this Act (e);

And the first selection by any such council in pursuance of this Act shall be made on a day to be appointed by parliament (ƒ);

And each person selected by the council out of their own number shall be a member of the local board with which he is selected to act so long as he continues without re-election to be member of the council from whom he was selected, and no longer;

And each person selected by the council otherwise than out of their own number shall be a member of the local board with which he is selected to act for one year from the date of his selection, and no longer;

And in case of any vacancy in the number

(e) Henceforth there can be no such union of election and selection in reference to any new board.

(f) The 14 & 15 Vict. c. 90, s. 5, enabled the general board of health to appoint any days for the first election or selection other than those appointed by the order in council or the statute. But such power can no longer be exercised.

selected some other person or persons (as the case may require) shall be selected by the council by whom the person or persons causing the vacancy was or were selected, within one month after the occurrence of the vacancy (g);

And the meeting of any council at which any selection as aforesaid is made in pursuance of this Act shall to all intents and purposes be deemed to be a meeting held in pursuance of an Act passed in the sixth year of the reign of King William the Fourth, intituled "An Act for the Regulation of Municipal Corporations in England and Wales” (h).

5 & 6 Will. 4,

c. 76.

members of

by owners

XIII. And be it enacted (i), that in every dis- Election of trict comprising the whole or part of any corporate local board borough or boroughs as aforesaid, and also any and ratepart or parts not within the boundaries of any cor- payers. porate borough or boroughs, such number of persons (k), qualified as hereinafter prescribed, as shall be fixed by such provisional order as aforesaid, to be elected for such part or parts or for each of such parts respectively, shall from time to time be elected in such manner and by such owners of property and ratepayers as hereinafter mentioned, to be,

(g) It is presumed that the provision of this time is only directory, and that the vacancy may be supplied although the month has expired. See Q. v. Griffiths, 7 E. & B. 953.

(h) See the provisions in 5&6 Will. 4, c. 76, s. 69, as to the meetings of the council in boroughs, which, among other things, require a notice of three clear days before the meeting is held.

(i) The 21 & 22 Vict. c. 98, s. 11, post, provides for the case where there shall be a failure to elect or a lapse of a local board. (k) Under 21 & 22 Vict. c. 98, post, this kind of district will not be formed originally. By sect. 27 adjoining districts may unite and determine the terms of union, one of which must be the numbers of members to be returned for each respectively.

Ꭰ

together with the persons selected as aforesaid in respect of the corporate parts of such district, and shall be, within and for such district, the local board of health under this Act;

And in every district not comprising the whole or part of any corporate borough or boroughs, but being a district to which this Act may be applied by order of Her Majesty in council (e), such number of persons, qualified as hereinafter prescribed in this behalf, as shall be fixed by such order in council, shall be elected, in such manner and by such owners of property and ratepayers as hereinafter mentioned, to be, and shall be, within and for such district, the local board of health under this Act;

And in every district not comprising the whole or part of any corporate borough or boroughs, and being a district to which this Act cannot be applied without the authority of parliament (e), such number of persons, qualified as hereinafter prescribed, as shall be fixed by such provisional order as aforesaid, shall be elected, in such manner and by such owners of property and ratepayers as hereinafter mentioned, to be, and shall be, within and for such district, the local board of health under this Act;

And the first election for any district or part of a district shall take place on a day to be appointed by order of Her Majesty in council or by parliament (as the case may require) (ƒ);

(e) See sect. 10, which describes these several districts. In new districts hereafter formed out of places not corporate boroughs nor governed by improvement commissioners, the number of members will be determined at the meeting which adopts the Act by the persons present thereat.

(f) See note (f) on sect. 12; and as to the proceedings hereafter, see notes on 21 & 22 Vict. c. 98, s. 24.

And one-third of the number elected for the whole or any part or parts of a district respectively shall go out of office on such day in each year subsequently to that of the first election as shall be appointed by such order in council or provisional order as aforesaid (as the case may require) (g);

And the order in which the persons first elected (h) shall go out of office shall be regulated by each local board:

Provided always, that if the number of persons to be elected be not divisible by three the proportion to go out of office in each year shall be regulated by such order in council or provisional order (i) (as the case may require), so that as nearly as may be one-third shall go out of office in each year;

And if the number of persons to be elected for any part of a district be less than three the persons elected shall go out of office on such day in each year, or at such other period, not being less than a

(g) These provisions will apply to local boards constituted under the new Act, but quære when the day for the determination of the year of office will arrive, as there will be no order in council or provisional order. The intention of the statutes is that the year should determine on the anniversary of the day of election, but this intention is not expressed in either Act.

(h) The local board may select members who may in point of fact have ceased to be members, and are not compelled to select members out of the continuing number. Howitt v. Manfull, 6 E. & B. 736. There the facts were these:--The board consisted of nine members, one-third to go out of office on March 31, 1855. Three of the members had ceased to be members by reason of non-attendance, and the local board selected them to go out of office. Three new members only were elected, and the court held the new board to be well constituted.

(i) In future boards, as there will be no order in council or provisional order, the meeting should fix upon a number divisible by three, or there will arise an inextricable confusion.

Regulations as to the

selected or

year, as such order in council or provisional order (as the case may require) shall direct;

But no person elected shall in any case continuously remain in office for more than three years (a);

And on the days appointed for going out of office (b) a number of persons shall be elected equal to the number of those so going out, and so many others as may be necessary to complete the full number of the local board of health in respect of which the election is to be made.

XIV. And be it enacted (c), that the number of number of persons to be selected or elected for the whole or any persons to be part of a district shall from time to time be reguelected mem- lated by such order in council or provisional order as aforesaid (as the case may require), due regard being had to the size and circumstances of each district, as may appear to be just and proper (c);

bers of local boards.

In case of vacancies,

And that any member of the local board of health, after going out of office, resigning (d), or otherwise ceasing to be such member, may, if otherwise qualified, be again selected or elected (as the case may require);

And in the event of any vacancy in the number of persons elected, by death, resignation (d), or

(a) But such member may be re-elected. See next section. (b) As already noticed, no such days will be appointed in districts formed under the new Act, unless by the resolution adopting the Act.

(c) This part of the clause has ceased to be operative, inasmuch as no general board of health can originate the order, but probably an alteration in the numbers may be effected by the operation of 21 & 22 Vict. c. 98, s. 77, post.

(d) Note, that a power of resignation is thus recognized though it is not expressly given by this or the subsequent Act; and as this is an onerous office it seems that by the application of the rule of the common law no such power would have existed.