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as of those voting upon each question, shall be recorded (a);
And the said local board shall at their first meeting under this Act, and afterwards from time to time at their annual meeting, appoint one of their number to be chairman for one year at all meetings at which he is present; and in case the chairman so appointed be absent from any meeting at the time appointed for holding the same, the members present shall appoint one of their number to act as chairman thereat;
And in case the chairman appointed as first aforesaid die, resign, or become incapable of acting, another member shall be appointed to be chairman for the period during which the person so dying, resigning, or becoming incapable would have been entitled to continue in office, and no longer;
And the chairman at any meeting shall have a second or casting vote in case of an equality of votes ;
But nothing herein contained with respect to the appointment of chairman shall apply to any district to be called the “Oxford or Cambridge district," and in such districts the Oxford or Cambridge commissioners respectively shall appoint a chairman as heretofore.
Local boards XXXV. And be it enacted, that the local to provide offices for board of health shall from time to time provide business, and and maintain such offices as may be necessary for to be made. transacting their business and that of their officers
and servants under this Act, and (in case of a non
cause a seal
(a) This troublesome requisition is clearly directory only, so that the validity of the decision will not be affected by the omission.
corporate district) shall cause to be made a seal for the use of such board in the execution of this Act;
And documents or copies of documents purporting to proceed from the said local board, and to be signed by any five or more members thereof, and to be sealed or stamped with such seal, or (in the case of a corporate district) to be sealed with the common seal (6), shall be received as primâ facie evidence in all courts and places whatsoever. XXXVI. And be it enacted, that the local board Committees
from time to time appoint out of their appointed. own number so many persons as they may think fit, for any purposes which in the opinion of the said local board would be better regulated and managed by means of a committee:
Provided always, that the acts of every such committee shall be submitted to the said local board for their approval (@).
of health may
XXXVII. And be it enacted, that the local board Powers to of health shall from time to time appoint (d) fit and
to appoint (6) See further sect. 149, post, and 21 & 22 Vict. c. 98, s. 61, post. In the case of a corporate district it is presumed that the seal will suffice, though there is some ambiguity in the clause. As to proof of documents under seal, see stat. 8&9 Vict. c. 113, ss. 1, 4.
(c) In many cases the approval must take the shape of confirmation or ratification, as the committees will often be called upon to act before the approval of the local board can be obtained. The clause itself refers to the management by the committee, which would be inoperative if the committee could not act until the approval of the board had been obtained.
(d) The appointment of the above-mentioned officers appears to be complete by election, and no document in writing is required. See Smart v. Guardians of West Ham Union, 10 Exc. 867; 11 Exc. 867: Q. v. Greene, 17 Q. B. 793. It will seem, in sect. 49, that, as regards the officer of health, the case is different. The local board will do well to consult the Minute of Instructions published by the late general board of health with reference to the powers and duties of their officers.
nuisances, clerk, trea
inspector or proper (c) persons to be surveyor, inspector of nui
sances, clerk, and treasurer for the purposes of 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 (d) for regulating the duties and conduct of the several officers and servants so appointed or employed;
And the said local board may pay (e), out 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 officer and servant shall be removable by the said local board at their pleasure,
(c) It will be seen that the statute does not require any par. ticular qualification for these officers, but generally it will be found most appropriate to select an attorney for the clerk, and an engineer or professional surveyor for the surveyor. The legality of the appointment of the superior officers may be tried in a quo warranto information. Q. v. Guardians of St. Mar. tin-in-the-Fields, 17 Q. B. 149.
(d) See sect. 115, post, for the provisions relating to byelaws.
(e) In regard to the recovery of their salaries by officers of the local board, it has been generally considered that the only remedy was a writ of mandamus directed to the board, or an action on the case against the treasurer or other officer, alleg. ing that he had the funds to pay the salary, but had neglected or refused to pay the same. It had been held that no action would lie against the board directly for the salary, (see Bogg v. Pearse, 10 C. B. 534; Addison v. The Mayor of Preston, 12 C. B. 108; Smart v. West Ham Union, 24 L.J. R. Exc. 201,) though a contract under seal might have made a difference; but the late case of Hall v. Taylor, 22 Jur. 877; 27 L. J. R., Q. B. 311, shows that where a local board is empowered to pay the salary out of the rates leviable by them, an action of debt for the amount may be maintained by the officer against the board. At the same time the judgment can seldom be enforced otherwise than by mandamus. See sect. 138, post.
may be surveyor and
[subject, nevertheless, in the case of the removal of
be both surveyor and inspector of nuisances;
But neither the person holding the office of inspector of treasurer, nor his partner, nor any person in but not clerk the service or employ of them or either of surer. them, shall hold, be eligible to (9), or shall in any manner assist or officiate in the office of clerk;
And neither the person holding the office of clerk, nor his partner, nor any person in the service or employ of them or either of them, shall hold, be eligible to, or shall in any manner assist or officiate in the office of treasurer ;
And whosoever offends in any of the cases enumerated in this proviso shall forfeit and pay the sum of one hundred pounds, which may be recovered by any person, with full costs of suit, by action of
XXXVIII. And be it enacted, that no officer or Penalty servant appointed or employed by or under the officers, &c. local board of health shall in anywise be concerned
interested in contracts or taking fees
(1) No such approval is now required. See 21 & 22 Vict. c. 98, s. 8, post.
(9) The object of this prohibition, which is common in local Acts, appears to be to prevent the clerk who represents the board from holding their money, and thus to create a check upon the two officers. The clerk cannot deal with the money of the board because he does not hold it, and the treasurer must hold it until the clerk, under the direction of the board, gives him the authority to pay it away. (k) See sect. 133, post, as to the recovery of these penalties.
or interested in any bargain or contract (i) made with such board for the purposes of this Act;
And if any such officer or servant be so concerned or interested, or shall under colour of his office or employment, exact, take, or accept any fee or reward whatsoever, other than his proper salary, wages, and allowances (j), he shall be incapable of afterwards holding or continuing in any office or employment under this Act, and shall forfeit and pay the sum of fifty pounds, which may be recovered by any person, with full costs of suit, by action of debt (k).
Officers, &c. intrusted
XXXIX. And be it enacted, that before any
such officer or servant enters upon any office or to give security, and to employment under this Act by reason whereof he will or may be intrusted with the custody or control
the local board of health by whom he is appointed shall require and take from him sufficient security (1) for the faithful execution of such office
() See sect. 19 as to the meaning of this word. Sect. 25 of 21 & 22 Vict. c. 98, which applies to the disqualifications of members engaged in certain contracts, does not refer to this clause.
(1) It is probable that this provision is intended to apply to other persons than the local board, and to be levelled at the practice of demanding fees from persons seeking aid from the board, or exposed to proceedings by them. But the language is sufficiently general to prevent the officer receiving gratuities for extra services rendered to the board. It is to be observed that the statute applies to demands made under colour of the office, and therefore not to claims where the officer acts and makes a demand for services which he renders independently of his office. Thus the clerk may charge professionally for contracts prepared for contractors if they think proper to employ him. Perhaps also the surveyor may not be prevented from acting professionally for persons within the district, but such conduct will lead to a mischievous result.
(k) See sect. 133, post, as to the recovery of penalties.