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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 (m), within seven days after he shall have received
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 (n) 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 security they will deem sufficient. Generally the security given by collectors is a bond with two sureties. There are now several guarantee societies who will undertake to guarantee these officers; but there are usually many conditions imposed in their policies, the neglect of which invalidates the security, and the omission is seldom discovered until the security is attempted to be enforced. Moreover, they are generally determinable upon notice by the company; so that the security may fail at the time when the necessity for it becomes most urgent.
Sect. 151, post, exempts the bond or security given on behalf of the officer from stamp duty. In regard to the terms of the condition, it should be made to be operative, notwithstanding the change of tenure of the office or alteration of the salary in amount or mode of payment, the change of district, or the imposition of new duties upon the officer by subsequent legislation.
(m) This is a very precise direction, but one not very easy to be carried out universally. The local board should, however, pay great attention to it. More confidence can be felt as to the due collection from a strict observance of this provision than from any amount or kind of security.
(n) The local board should require an account of the collection and deposit of the rates to be laid before them at short intervals.
to be taken in case of failing to
monies received 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 (d) to the treasurer all monies owing by him
upon the balance of accounts; Suminary And if any such officer or servant fail to render proceedings
such account, or to produce and deliver up such of
the said vouchers and receipts as may be in his posaccount, &c. session 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 being made to him in that behalf, summon the party charged to appear and answer the complaint before two justices (e) at a time and place to be specified in the summons (S);
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 (g), and if it appear to the lastmentioned justices that he has failed to render any
(d) There is some vagueness here as to when the balances are to be paid over. This requisition of course applies when the term of office has expired; but the local board will probably make some additional regulation for other payments.
(e) See sect. 2, ante, as to the application of these words.
() See sect. 131, post, which, however, does not apply to this clause, and also refer to 21 & 22 Vict. c. 98, s. 60, post, as to the proceedings by the auditor.
(9) As defaulting officers frequently abscond, this mode of service is very usual. See the cases on the service of summons in Bastardy, and upon the County Court Acts, as to the last known place of abode.
such accounts, or to produce and deliver up any such vouchers or receipts, or any such papers, writings, property, effects, matiers, 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 (h) 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;
And if it 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, by deposition on oath, show to the satisfaction of any justice that there is probable cause for believing that the party charged intends to abscond, such justice may, without previous summons, by warrant under his hand and seal, cause him to be forthwith apprehended 0);
(1) There is no limitation of time for this imprisonment; so that the prisoner, if obdurate, may remain in prison for his life; but if he render an account, and cannot pay the balance, he may be committed to prison for three months only. Whether either provision be imperative upon the justices may be questioned. Upon a similar provision in 17 Geo. 2, c. 38, s. 2, the Court of Queen's Bench held that it was in the discretion of the justices whether they would commit an overseer who neglected to account to gaol. K. v. Justices of Norfolk, 4 B. & Ad. 238.
i) See also 11 & 12 Vict. c. 43, s. 2.
And in such case the said party shall, within twenty-four hours after apprehension, be brought before the same or some other justice (a), 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 nanied 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 proceedings shall be construed to relieve or discharge any surety of the offender from any liability whatsoever (b).
XL. And be it enacted (c), that the local board of health may from time to time, if they shall think fit, appoint a fit and proper person, being a legally qualified medical practitioner (d), 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 (C);
Power to appoint an officer of health,
(a) This must be construed, however, so as to allow a longer delay if a justice cannot be found in the place within that time. See further in 11 & 12 Vict. c. 43, s. 3, as to the requisites of such warrant, and the mode and time of its execution.
(6) But it is a question not yet settled by any authority whether committal to prison in default of adequate distress will operate as a release of the defaulter himself.
(c) The Towns Improvement Clauses Act, 1847,10 & 11 Viet. c. 34, in sect. 12, provides for the appointment of an officer of health, and prescribes his duties.
(d) By 21 & 22 Vict. c. 90, s. 34, these words are to signify a person registered under that Act, and by sect. 36, no person after Jan. 1, 1859, is to hold the office of medical officer of health unless so registered.
(e) In future the duties must, it is presumed, be directed by the local board. But it will be right to refer to the excel. lent code of regulations prescribed by the late general board of health, and issued under their hands and seal on the 12th February, 1851.
And the same person may be officer of health for two or more districts;
And the local board or boards of health of the district 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 (f), and (in case of a joint appointment for two or more districts) in such proportions as the said general board (9) may by order in writing determine and appoint:
(Provided always, that the appointment and removal of the officer of health shall be subject to the approval (h) of the said general board.]
POWERS OF THE LOCAL BOARD.
XLI. And be it enacted, that the said local Map exhibit
ing system of board of health may, if they shall think fit, cause to sewerage. be prepared (), or to procure, a map exhibiting a system of sewerage for effectually draining their district for the purposes of this Act, upon a scale to be prescribed by the general board of health (k);
And every such map shall be kept at the office of the said local board, and shall at all reasonable times be open to the inspection of the ratepayers of the district to which it applies.
V It must be observed that the appointment of this officer must be in writing,--at least the salary must be.
(9) The boards must hereafter arrange the proportion themselves. (h) This approval is dispensed with by 21&22 Vict. c. 98, s. 8.
The 10 & 11 Vict. c. 34, ss. 13—18, provides for the making of maps of districts. Sect. 143, post, gives a power of entry upon private lands for the purpose of survey.
(k) The local board must henceforth fix the scale themselves.