the Oxford

thenceforth be elected for that parish and for that part of the Provisions in parish of North Hincksey as if they were one parish; and for case of the the purposes of the election the parish of St. Aldate and that addition to part of the parish of North Hincksey shall be deemed to be one district of a parish; for the election the ratepayers of that part of the parish part of North of North Hincksey shall form part of the vestry of the parish of Hincksey St. Aldate. parish. For the purposes of this section, and with respect to each of 28 & 29 Vict. c. 108, s. II. the parishes of Cowley and Binsey and North Hincksey respecOverseers of tively, the overseers of the respective parish shall, when the Cowley and Oxford Local Board by notice in writing to them so require, Binsey and produce to such persons as the Local Board specify in the North notice, and permit them to inspect and transcribe, the rate Hincksey to books for the then current and then last rates for the relief of produce rate books. the poor of the respective parish, and shall afford to those Ib. s. 12. persons all proper and sufficient facilities in that behalf; and

if whenever any overseer of any of those parishes in any way Penalty in offends against this provision, then every person so offending default. shall for every such offence forfeit and pay to the Oxford Local Ib. Board any sum not exceeding £5.

CHAPTER VII.

Selected members.

11 & 12 Vict. c. 63, s. 12.

Vacancies.
Ib.

What "year"

means.

15 & 16 Vict.

C. 42, s. 14.

First election. 11 & 12 Vict. c. 63, s. 13. Members going out of office. Ib.

Duration of
office.
Ib.

CONTINUANCE IN OFFICE OF LOCAL BOARDS.

EACH person selected by the council out of their own number to be a member of the Local Board of Health, is to act as such as long as he continues without re-election to be a member of the council from whom he was selected; but persons selected by the council otherwise than out of their own number are to be members of the Local Board with which they are selected to act only for one year from the date of their selection, and in case of a vacancy in the number selected the council is to fill up the vacancy within one month after its occurrence.

This provision as regards the time within which the vacancy is to be filled up, it is apprehended, is directory only, and therefore the vacancy may be filled up though the month may have expired. (1)

The word "year," for the purpose of the election and of the continuance in office of the members of Local Boards, means the interval between any day of election of any such Board, and the day of election next ensuing.

The first election of members for any district or part of a district is to take place on a day to be appointed by order of Her Majesty in Council or by Parliament (as the case may require); and one-third of the number elected for the whole or any part of a district are to 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. The order in which the persons first elected shall go out of office is to be regulated by each Local Board; but if the number of persons to be elected be not divisible by three, the proportion to go out of office in each year is to be regulated by the Order in Council or provisional order, so that as nearly as may be one-third shall go out of office in each year. If the number of persons to be elected for any part of a district be less than three, the persons elected are to go out of office on such day in each year, or at such other period not being less than a year, as the Order in Council or provisional order shall direct; but no person elected can in any case continuously remain in office for more than three years; and on the days appointed for going out of office a number of persons are to be elected equal to the number of those going out, and so many others as may be

(1) Reg. v. Griffiths, 7 E. & B. 953.

necessary to complete the full number of the Local Board in Duration of respect of which the election is to be made.

Three members of a Local Board consisting of nine members ceased to be members under sect. 18 of 11 & 12 Vict. c. 63, by reason of absence. On the 4th of January the remaining members met and declared that the three absent members should be the one-third in number of the members of the Board who should go out of office as required by sect. 13. On the 31st of March, the day fixed by an Order in Council applying the Act to the district, and at the annual election held on that day, three other persons were duly elected members of the Board, the other six remaining in office; and it was held, on an action of replevin, that the election on the 31st of March was good, and that a general district rate made by the Board after such election was valid; for the Legislature intended that the ratepayers should have an opportunity of electing three new members, and they had enjoyed that privilege,-which is a more satisfactory and convenient course than if a rule were laid down that might change all the members of the Board at the end of the year. (1)

office.
II & 12 Vict.

c. 63, s. 13.

members

In the event of any vacancy in the number of persons elected, In case of by death, resignation, or otherwise, between the times appointed vacancies, for election, or if at any time the Local Board be without its remaining full number of members, the remaining members are to continue and to be as competent to act until the time for election, Ib. s. 14. or until the full number is selected or elected, as if no vacancy had occurred.

may act.

Board.

21 & 22 Vict.

In the case of failure to elect a Local Board, or lapse of a Failure to Board from death, resignation, or disqualification, the owners elect a Local and ratepayers by resolution may proceed to elect a new Local Board, and the result of the election is to be signified to a c. 98, s. II. Secretary of State by the person conducting it. The rights and liabilities of the former Board are thereupon to attach to the new Board, as if there had been no lapse before their election.

As regards the continuance in office of members of the Oxford Board, see 28 & 29 Vict. c. 108, s. 4, ante, P. 55.

(1) Howitt v. Manfull, 6 E. & B. 736 ; 25 L. J. Q. B. 411 ; 2 Jur. (N. S.)

CHAPTER VIII

Meetings of
Board.

11 & 12 Vict.

c. 63, s. 34. Ib. s. 2. Byelaws relating to the meetings

and business. Ib. s. 34. How in corporate districts. Ib. s. 12. Quorum in general. Ib. s. 34.

Oxford and
Cambridge

districts.

Ib.

Publication

of Local Board.

PROCEEDINGS OF LOCAL BOARDS.

THE Local Board of every non-corporate district is to hold an annual meeting, and other meetings for the transaction of ordinary business, once at least in each (calendar) month, and at such other times as may be necessary; the Board is also to make byelaws with respect to the summoning, notice, place, management, and adjournment of their meetings, and generally with respect to the transaction and management of their busiIn corporate districts, however, the Local Board are to exercise and execute their powers, authorities, and duties according to the laws for the time being in force with respect to municipal corporations in England and Wales.

ness.

In non-corporate districts, no business can be transacted at any meeting, unless at least one-third of the full number of members be present, and all questions are to be decided by a majority of votes; and the names of the members present, as well as those voting upon each question, are to be recorded on the minutes. In the Oxford and Cambridge districts, however, business may be transacted if only seven members be present, which is the quorum fixed by the Acts under which the Commissioners for those places are appointed.

With regard to the publication of the proceedings of a Local of proceedings Board, it may be observed that, though the publication of the report of a trial in a Court of Justice, in the course of which a libel is read, would be privileged, a publication of the proceedings of a parish vestry meeting (under 18 & 19 Vict. c. 120) at which a libel is read, is not so privileged. (1)

Chairman of Local Board. 11 & 12 Vict.

c. 63, s. 34.

His casting

vote.

11 & 12 Vict. c. 63, s. 34.

At the annual meeting the Local Board are to appoint one of their number to be chairman for one year at all meetings at which he is present. The Board are not empowered to appoint a vice-chairman; but if the chairman be absent from any meeting at the time appointed for holding it, the members present are to appoint one of their number to act as chairman "thereat," and it would seem that if the chairman should afterwards arrive, he would not be entitled to take the chair when it is already filled by a presiding chairman. In the event of the chairman dying or becoming incapacitated during his year of office, another member of the Board is to be appointed chairman for the remainder of the year. In the case of there being an equality of votes on any question before the meeting, the

(1) Popham v. Pickburn, 31 L. J. Exch. 133; 8 Jur. (N. S.) 179; 5 L. T. (N. S.) 846; 7 H. & N. 891.

chairman is to have a second or casting vote,—that is, if, including his own vote, the numbers are equal, he shall then give a second or casting vote.

In the Cambridge district the Commissioners will appoint Cambridge the chairman under the provisions of the Local Acts.

district.

c. 108, s. 7.

The Oxford Local Board shall yearly, at their first meeting Oxford in November, appoint one of their number to be chairman for district. 28 & 29 Vict. 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 for the year 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 remain 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.

Ib.

The Local Board are to provide and maintain such offices as Offices of may be necessary for the transaction of the business of them- Local Boards. selves and their officers: and every Board for a non-corporate 11 & 12 Vict. c. 63, s. 35. district must provide a seal for the use of the Board in the Their seal. execution of the Public Health Acts. Documents or copies of documents purporting to proceed Documents, from the Local Board, and to be signed by any five or more members, and sealed or stamped with the seal of the Board, or Ib. in the case of a corporate district, with the ordinary common seal of the corporation, are to be received in evidence in all Evidence. Courts and places. See, however, Barnsley, App., Sedgwick, Ib. Resp., post, p. 173.

how to be executed.

But any summons, demand, or notice, or other such docu- Authenticament under the Public Health Act, 1848, or any supplemental tion of Act, or the Local Government Act, may be in writing or print, notices by Local Boards. or partly in writing and partly in print, and if it should require 21 & 22 Vict. authentication by the Local Board, the signature thereof by c. 98, s. 61. the clerk to the Local Board is to be a sufficient authentication.

With regard to the liability of a Local Board to be rated for Rating premises occupied by them for the purposes of the Acts, it has premises of been held that a Local Board of Health occupying a yard as a Local Board, 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. (1)

The Local Board, if they should be of opinion that any business would be better regulated and managed by means of a (1) Reg. v. Cooper, 23 L. J. M. C. 183; S. C. Reg. v. Hull JJ., 4 E. & B. 29.