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And the said chairman shall cause such list to be printed, and copies thereof to be affixed at the usual places for affixing notices of parochial business within the parts for which the election shall have been made.
XXVIII. And be it enacted, that if the said Penalty upon chairman or other person charged with taking, conducting collecting, or returning the votes at any such neglecting to election as aforesaid shall neglect (f ) or refuse to
provisions comply with any of the provisions of this Act in of this Act. that behalf (9), he shall be liable for every such offence to a penalty not exceeding fifty pounds (h); and any person employed for the purposes of any such election, by or under the said chairman or other person charged as aforesaid, who shall be guilty of any such neglect (1) or refusal, shall be liable for every such offence to a penalty not exceeding five pounds (i).
XXIX. And be it enacted, that all proceedings Defects in of the local board of health, and of any person &c. not to acting as member or under the authority thereof, proceedings. sball, notwithstanding any defect in the selection or
(f) The penalty is incurred by mere neglect. See King v. Burrell, 9 L. J. R., Q. B. 357; 12 A. & E. 460.
(9) If the chairman knowing a voter to be qualified maliciously refuses to receive his voting paper, he would be liable to an action on the case at the suit of the voter. Tozer v. Child, 6 E. & B. 289. But if he, bona fide believing the voter to be not qualified, rejects the vote, though erroneously, he is not liable. S. C.
(!) See sect. 129, post, as to the recovery of this penalty.
(i) See, as to the recovery of this penalty, sect. 129, post, and also the provision in 21 & 22 Vict. c. 98, s. 13, No.(6), to prevent malpractices at these elections.
election of such board or any member thereof, be as valid and effectual as if no such defect had ever existed (k).
Expenses of ulections to
out of gene
XXX. And be it enacted, that the necessary exbe defrayed penses attendant upon any such election as aforeral district said, and such reasonable remuneration (1) to re
turning officers and other persons for services performed or expenses incurred by them in relation thereto as shall from time to time be allowed by the local board of health in that behalf, shall be paid out of the general district rates to be levied under this Act.
Local board of health in
XXXI. Provided always (m), and be it enacted, Oxford and that nothing hereinbefore contained with respect to Cambridge to consist of the appointment, selection, or election of any local Cambridge board of health, or member thereof, shall apply to the ment com- city of Oxford, or the parts within the jurisdiction
of the commissioners for amending certain mileways St Gel. 3, leading to Oxford, and making improvements in
the university and city of Oxford, the suburbs thereof, and the adjoining parish of Saint Clement, (which commissioners are hereinafter called the Oxford commissioners) or to the borough of Cambridge, or the parts within the jurisdiction of the
(k) See a similar provision in 5 & 6 Vict. c. 57, s. 12, with reference to the board of guardians, and see sect. 19, ante, p. 62.
(1) The statute vests in the local board a discretion as to the amount which they are to allow, and this cannot be reviewed by any court. Ex parte Metcalf, 6 E. & B. 288. Hence it is desirable to settle before the election, where practicable, what allowances shall be made.
(m) See also 21 & 22 Vict. c. 98, s. 82, post.
commissioners acting under an Act of the thirtyfourth year of the reign of King George the Third for amending and enlarging the powers of a former Act of the same reign for the better paving, cleansing, and lighting the town of Cambridge, for removing and preventing obstructions and annoyances, and for widening the streets, lanes, and other passages within that town (which commissioners are hereinafter called the Cambridge commissioners);
And if the city of Oxford, or the parts within the first-mentioned jurisdiction, become a district under this Act, the same shall be called “the Oxford district," and the said Oxford commissioners for the time being shall, within and for such district, be the local board of health under this Act;
And if the borough of Cambridge, or the parts comprised within the jurisdiction secondly above mentioned, become a dictrict under this Act, the same shall be called “the Cambridge district," and the said Cambridge commissioners for the time being shall, within and for such district, be the local board of health under this Act.
XXXII. And be it declared and anacted (n), with respect that whenever by any such provisional order (C) as tion of the
(n) It does not appear by the previous clauses that any such commissioners or trustees were to be constituted a local board. But Mr. Lawes, in his edition of this Act, explains that as it was apprehended that the general board of health might have created a local board out of such commissioners or trustees under the general language contained in sect. 10, it was necessary to introduce this section. But the new Act enables improvement commissioners, when elected by the ratepayers, to form local boards.
(0) See now 21 & 22 Vict. c. 98, s. 12, post, which dispensos with the provisional order.
Acts in other cases,
Act by com- aforesaid the commissioners or trustees acting under local under any local Act of parliament are constituted
the local board of health under this Act, such commissioners or trustees shall, within and for the district to which such provisional order applies, exercise and execute the powers, authorities, and duties vested in or imposed on the local board of health by this Act, and so much of this Act as relates to the appointment, election, or selection of local boards of health shall not apply to such district.
Local board of health,
becoming a corporate borough.
XXXIII. And be it enacted, that if, after the in case osa application of this Act to any district, the parts afterwards constituting the district shall afterwards become
or be entirely comprised within the limits of a corporate borough, the mayor, aldermen, and burgesses of such borough shall from and after such day as shall have been specified in the charter of incorporation in this behalf be, by the council of the borough, the local board of health within and for such district ;
And in case any day shall have been so specified, but not otherwise, the powers, authorities, duties, property, and liabilities of any other persons, as such local board, shall from and after that day absolutely cease and determine, and be vested in such mayor, aldermen, and burgesses, as fully to all intents and purposes as if they had always been the local board of health from the time when the district was originally constituted (c).
(c) See 20 & 21 Vict. c. 98, s. 26, post, which repeals so much of this section as requires a day to be fixed in the charter, and consequently takes away the restriction upon the transfer of the powers contained in the above clause.
PROCEEDINGS OF THE LOCAL BOARD. XXXIV. And be it enacted, that the local board Meetings of of health of every non-corporate district shall hold of non-coran annual meeting (d), and other meetings for the tricts, and transaction of business under this Act once at
of business, least in each month, and at such other times as may be necessary for properly executing its powers and duties under this Act, and shall from time to time make byelaws (e) with respect to the summoning, notice, place, management, and adjournment of such meetings, and generally with respect to the transaction and management of business by such board under this Act:
Provided always, that no business shall be transacted at any such meeting unless at least one-third of the full number of members be present thereat, except in either of the districts to be called the Oxford or Cambridge districts (f), in which cases business may be transacted if at least seven members be present;
And all questions shall be decided by a majority of votes (g);
And the names of the members present, as well
(d) No particular day is pointed out when this meeting is to be held.
(@) See sect. 115, post, as to byelaws made by the local board.
(f) See sect. 31, ante, p. 76.
(9) Much difficulty has lately arisen in regard to the determination of the majority upon any question submitted to a body consisting of a limited number. It seems now to be established that in such cases the majority must be calculated by reckoning not only the persons who vote upon any question, but those who are present at the meeting. See Ex parte Eynsham, 13 Jur. 345; 12 Q. B. 398: Reg. v. Griffiths, 17 Q. B.164: and Reg. v. Overseers of Christchurch, Spitalfields, 26 L. J. R., M. C. 68; 7 E. & B. 409.