A.D. 1875. Appointment of officers of rural authc rity. the hands of the Commissioners, and which should have been collected by them under and by virtue of the said Act;" and if the Commissioners should not have in their hands any moneys sufficient to pay such debts, "then such debts became a charge and were chargeable on a rate leviable and to be levied by the Commissioners under the Act." The defendants pleaded to so much of the debts as became due on simple contract, the Statute of Limitations, and as to debts, except the agreed salary, that no signed bill was delivered; also that the Commissioners had no funds whereout they could pay the debts. The Court held that the declaration was bad, inasmuch as, assuming that the services in respect of which the "agreed salary was claimed were payable out of the rates, the others might be services for which the Commissioners were personally liable, and consequently the remedy was by action, and not claim by mandamus. Secondly, that the first two pleas were good; and, semble, that the last plea was also good. Bush v. Beavan, 1 H. & C. 500; 8 Jur. (N.s.) 1015; 7 L. T. (N.S.) 106. But in the Exchequer Chamber it was held that it is not necessary that the clerk to Town Improvement Commissioners appointed at a fixed salary, who is an attorney, should deliver a signed bill as an attorney, under the 6 & 7 Vict. c. 73, s. 37, in respect of his salary. Bush's Executors v. Martin, 2 H. & C. 311; 9 Jur. (N.s.) 851; 10 Jur. (N.s.) 347; 33 L. J. Exch. 17; 8 L. T. (N.s.) 509. Treasurer's balances.-With regard to the liability of a Treasurer of a Local Board for money belonging to the Board in his hands placed to different accounts, the following decision is important:-The Corporation of Preston (who besides their municipal character filled that of managers of the public baths and wash-houses under the Baths and Wash-houses Acts, 1846, and of the Local Board of Health under the Public Health Act, 1848) kept three separate accounts at their bankers, viz. 1. "The Corporation of Preston account." 2. "The Corporation Bath and Washhouses Revenue account." 3. "The Preston Local Board of Health account." Upon the first account they were indebted to the Bank, and upon the other two the Bank was indebted to them in an equal amount. In an action brought by the Banker to recover the balance due to him on account No. 1, it was held that the Corporation were entitled to set off the debts due to them on the other two accounts, for though the accounts were separate the defendants were creditors in the first account, and debtors in the second and in the same right. Pedder v. Preston, 12 C. B. (n. s.) 535; 9 Jur. (N. s.) 496; 6 L. T. (N. s.) 540, 544. 190. Every rural authority shall from time to time appoint fit and proper persons to be medical officer or officers of health, and inspector or inspectors of nuisances; P.H. 1872, s. they shall also appoint such assistants and other officers. and servants as may be necessary and proper for the efficient execution of this Act. 10. There may be awarded to the clerk and treasurer of the guardians of any union, in respect of the additional duties of such officers under this Act, such remuneration as the P.H. 1874, s. 6. rural authority may, with the approval of the Local Government Board, determine. If the clerk of the union is unable or unwilling to undertake such additional duties, the assistant clerk of the union shall be appointed to discharge the same, with such remuneration as aforesaid. As to medical officer of health, &c. P.H, s. 40. See notes to preceding section, and the Introduction, ante, p. lxxix. 191. A person shall not be appointed medical officer of health under this Act unless he is a legally qualified medical practitioner; and the Local Government Board A.D. 1875. P.H. 1872, s. 10. shall have the same powers as it has in the case of a district medical officer of a union with regard to the qualification appointment duties salary and tenure of office of a medical officer of health or other officer of a P.H. 1874, s. 5. local authority any portion of whose salary is paid out of moneys voted by Parliament, and may by order prescribe the qualification and duties of other medical officers of health appointed under this Act. The same person may, with the sanction of the Local Government Board, be appointed medical officer of health or inspector of nuisances for two or more districts, by the local authorities of such districts; and the Local Government Board shall by order prescribe the mode of such appointment, and the proportions in which the expenses of such appointment and the salary and charges of such officer shall be borne by such authorities. Any district medical officer of a union may, with the sanction of the Local Government Board and subject to such conditions as the said Board may prescribe, be appointed a medical officer of health; and a medical officer of health may exercise any of the powers with which an inspector of nuisances is invested by this Act. In case of illness or incapacity of the medical officer of health a local authority may appoint and pay a deputy medical officer, subject to the approval of the Local Government Board. With regard to this section, see the Introduction, ante, pp. lx, lxxix. See also the notes to s. 189, ante. sons. 192. The same person may be both surveyor and in- Offices tenable spector of nuisances; but neither the person holding the by same peroffice of treasurer, nor his partner, nor any person in the P.H., s. 37. service or employ of them or either of them, shall be eligible to hold 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 be eligible to hold or shall in any manner assist or officiate in the office of treasurer. Any person offending against this enactment 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 debt. It will be noticed that this and the four following sections apply to officers of rural as well as of urban authorities. 193. Officers or servants appointed or employed under Officers not to this Act by the local authority shall not in anywise be contract with A.D. 1875. local authority. P.H., s. 38. Officers in- money to give Officers to account. P.H., s. 39. Summary pro concerned or interested in any bargain or contract made with such authority for any of the purposes of this Act. If any such officer or servant is so concerned or interested, or, under colour of his office or employment, exacts or accepts any fee or reward whatsoever other than his proper salary wages and allowances, 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. See the case of Wednesbury v. Stevenson, ante, p. 123. Any person may sue for the penalty, but every action brought by a common informer must be brought within one year after the offence. Dyer v. Best, 12 Jur. (N. s.) 142. 194. Before any officer or servant of a local authority enters on 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 authority by whom he is appointed shall take from him sufficient security for the faithful execution of such office or employment, and for duly accounting for all moneys which may be intrusted to him by reason thereof. 195. Every officer and servant appointed or employed under this Act by a local authority shall, when and in such manner as may be required by such authority, make out and deliver to them a true and perfect account in writing of all moneys received by him for the purposes of this Act, stating how, and to whom, and for what purpose such moneys 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 treasurer all moneys owing by him on the balance of accounts. And every such officer or servant employed in the collection of any rate made under this Act shall, within seven days after he has received any moneys on account of any such rate, pay over the same to the treasurer, and shall, as and when the local authority may direct, deliver a list signed by him and containing the names of all persons who have neglected or refused to pay any such rate, and the sums respectively due from them. 196. If any officer or servant appointed or employed ceedings under this Act by a local authority against defaulting officers. P.H., s. 39, Fails to render accounts, or to produce and deliver up vouchers and receipts, or to pay over any moneys, as and when required by this Act, or Fails within five days after written notice in that behalf from the local authority to deliver up to the local authority all books papers writings property and things in his possession or power, relating to the execution of this Act, or belonging to such authority, the local authority may complain to any justice, and such justice shall thereupon summon the party charged to appear before a court of summary jurisdiction. On the appearance of the party charged, or on proof that the summons was personally served on him, or left at his last known place of abode or business, if it appears to the court that he has failed to render any such accounts, or to pay over such moneys or to produce and deliver up any such vouchers or receipts books papers writings property or things as aforesaid in accordance with the provisions of this Act, and that he still fails or refuses so to do, the court may commit the offender to gaol, there to remain without bail until he has rendered such accounts, paid over such moneys and produced and delivered up all such vouchers receipts books papers writings property and things in respect of which the charge was made, provided that a person shall not be imprisoned under this section for a period exceeding six months. No proceeding under this section shall be construed to relieve or discharge any surety of the offender from any liability whatever. The commitment by two justices under 11 & 12 Vict. c. 63, s. 33, of a member of the Town Council and Local Board of a Borough for nondelivery of a rate-book in his possession by virtue of his office as overseer and collector of the borough rates, was held to be a civil and not a criminal proceeding, being in the nature of a distraint. The offence of non-delivery consists in continuing to retain the subject of distraint, and therefore the limitation of six months under the 11 & 12 Vict. c. 43, s. 11, does not apply. Semble, per Lush, J., such limitation will only apply where the object of the proceeding is punishment, and not merely coercion. Meyer v. Harding, 17 L. T. (N. s.) 140 ; 32 J. P. 421. Stipendiary magistrates. 21 & 22 Vict. c. 73, ss. 1, 2.-With regard to the jurisdiction of justices and their protection, see the third edition of Jervis's Acts, 11 & 12 Vict. cc. 43, 44, by the author of this work; also the 20 & 21 Vict. c. 43, and the 21 & 22 Vict. c. 73. By the last Act (sect. I) every stipendiary magistrate appointed for any city, town, liberty, borough, place, or district, sitting at a police court or other place appointed in that behalf, has power to do alone any act, and to exercise alone any jurisdiction which under any law now in force, or any law not containing an express enactment to the contrary, thereafter to be made, may be done or exercised by two justices of the peace; and all the provisions of any Act of Parliament auxiliary to the jurisdiction of such justices are applicable to the jurisdiction of such stipendiary magistrate. The authority so given to a stipendiary magistrate shall extend and apply as well to the cases where the act or jurisdiction is or may be expressly required to be done or exercised by justices sitting or acting in petty sessions as to other cases; and any enactment authorizing or requiring persons to be summoned or to appear to such petty sessions, shall, in the like cases, authorize or require persons to be summoned or to appear before the stipendiary magistrate having jurisdiction at the police court or other place appointed for his sitting. As to the appointment of stipendiary magistrates in certain districts under Local Boards, see post, p. 399. A.D. 1875. A.D. 1875. Urban autho offices. Mode of conducting Business. 197. Every urban authority shall from time to time rity to provide provide and maintain such offices as may be necessary for transacting their business, and that of their officers and servants under this Act. P.H., s. 35. Proceedings, &c. of urban authority being the council of a borough. See P.H., s. 12. Meetings, &c. of urban authority not being the council of a borough. P.H., s. 34. Power of urban authority to appoint committees. Mode of conducting official correspondence. The Local Government Board, in a circular dated 20th January, 1873, state that the corre spondence between sanitary authorities and their office will be conducted with greater facility and despatch if the following directions be carefully attended to:-1. That no document, except returns signed by the clerk, be transmitted to the office, without a covering letter from him authenticating it. 2. That every distinct subject of communication form a distinct letter on a separate sheet of foolscap paper. 3. That where previous communications have taken place on the same subject, the official number and the date of the last communication be quoted. 4. That the name of the sanitary authority, and the date of the meeting next following the communication, and the address of the clerk, be placed at the head of all communications from the sanitary authority to the Board. 5. That all communications and packages from the country, which are directed to the office, be, as far as the arrangements of the post-office will permit, transmitted through the post, and be directed under cover "To the Local Government Board, Whitehall, London." Rating premises of Local Board-With regard to the liability of a Local Board to be rated for premises occupied by them for the purposes of the Acts, it has been held that a Local Board of Health occupying a yard as a place of deposit for stones and other materials for the repair of the highways, such yard being situate in a parish partly within and partly without the limits of the district of the Local Board, were rateable for such yard to the relief of the poor, as they occupied it as trustees not for the public at large, but for the inhabitants of the district, who were charged with the obligation of repairing the highways. Reg. v. Cooper, 23 L. J. M. C. 183; S. C. Reg. v. Hull, JJ., 4 E. & B. 29. 198. Where an urban authority are the council of a borough, they shall, subject to the provisions of this Act, exercise and execute their powers authorities and duties under this Act according to the laws for the time being in force with respect to municipal corporations in England. 199. Every urban authority (not being the council of a borough) shall hold an annual meeting, and other meetings for the transaction of business under this Act once at least in each month, and at such other times as may be necessary for properly executing their powers and duties under this Act. Meetings of local boards shall be held and the proceedings thereat shall be conducted in accordance with the rules as to meetings and proceedings contained in Schedule 1. to this Act; and any Improvement Commissioners may, if they think fit, adopt all or any of such rules. 200. Every urban authority may from time to time appoint out of their own number so many persons as they may think fit, for any purposes of this Act which in the |