costs, and may appoint a summoning officer for the purposes of the Act (21 & 22 Vict. c. 98, s. 16). One-twentieth at least, in number or property, of the owners and ratepayers of any such place as may have resolved to adopt the Act, may, within six weeks, petition the Secretary of State, appealing against such resolution, and praying that the whole or any part of such place may be excluded from the operation of the Act (s. 17; and 26 Vict. c. 17, s. 3). In like manner any owner or ratepayer may, within six weeks, appeal against the validity of the vote for adopting the Act (s. 18; and 26 Vict. c. 17, s. 3). Whenever a resolution adopting the Act has been passed notice must be given, by the Mayor, chairman of Commissioners, or summoning officer, as the case may be, to the Secretary of State, and published by advertisement, and at the usual churches and chapels, within the district; and when such notice has been given, and the time for such appeal has expired, or such appeal has been dismissed, a notice must be published in the Gazette, by the Secretary of State, that the Act has been adopted within such place (s. 19). At the expiration of two months after such resolution, or at the time mentioned in the order made on any appeal or otherwise, the Act will have the force of law, and the District be constituted within such place; subject to confirmation in places, and for purposes, included in any local Act (s. 20).

In Oxford or Cambridge the Commissioners may adopt the Act, the board to be elected in manner prescribed (11 & 12 Vict. c. 63, s. 31, and 21 & 22 Vict. c. 98, s. 82). In any place where the Act was not in force on the 1st of March, 1863, the population being less than 3000, any adoption, to be valid, must be approved by the Secretary of State, who may inquire as to the expediency thereof, and must publish the result in the Gazette (26 Vict. c. 17, s. 2).

A resolution adopting the Act, passed in a place having a population under 3000, may be rescinded by a subsequent resolution, passed in the same manner, and to be approved by the Secretary of State, by whom notice thereof must be pub

lished in the Gazette; such rescinding resolution, however, is subject to an appeal in the usual manner, pending which, or until the expiration of the time limited for an appeal, such notice shall not be published, but upon such publication the Act will cease to be in force within the district, save so far as to any existing contracts (26 Vict. c. 17, s. 4). In any legal proceedings no objection to the validity of the adoption of the Act or any order or proceeding thereon can be made, unless fourteen days' notice of the nature of the objection shall have been given the other parties; and no objection whatever will be admissible after six months from the constitution of the District (21 & 22 Vict. c. 98, s. 21). One publication in the Gazette, and in any local newspaper is to be conclusive evidence of such adoption of the Act (s. 22). Costs incurred by the Secretary of State, in relation to the proceedings, to such an amount as the Treasury may direct, are to become a charge upon the rates levied under the Act, to be repaid with interest by five annual instalments (s. 23) (a). Any Superintending Inspector appointed by the Secretary of State may summon witnesses to any place within ten miles of their residence during any inquiry, and examine them upon oath and may require books, plans, &c., to be produced :-penalty for disobedience or refusal to answer not exceeding 57. (11 & 12 Vict. c. 63, s. 121; 21 & 22 Vict. c. 98, s. 80). Provisional Orders, &c., to be laid before Parliament, with all reports relating thereto (11 & 12 Vict. c. 63, s. 142). The Local Board, in case they desire any alteration in their District, may petition the Secretary of State, who may cause inquiry to be made, and, with consent of the inhabitants in certain cases, may issue a Provisional Order accordingly, to be confirmed by Parliament

(a) Where the poor-rates of a parish had been charged under statute 6 & 7 Will. 4, c. 96, with the payment of a sum of money in five years, and the whole had not been discharged within the time, it was held that the charge on the rates was general and might be subsequently enforced; but that the application for a mandamus must be made without delay. Unless such delay be sufficiently explained it will be refused (R. v. Hurstbourne Tarrant, 1 E. B. & E. 246; 23 Jur. 783; 27 L. J. M. C. 214).

(21 & 22 Vict. c. 98, s. 77; and 24 & 25 Vict. c. 61, s. 27). All Orders made by the Secretary of State to be binding, also as to the costs of any appeal to him (21 & 22 Vict. c. 98, s. 81). who may annually report to Parliament on the execution of the Act (s. 79).

NUISANCES REMOVAL AND DISEASES PREVENTION ACTS.

The powers under The Nuisances Removal and Diseases Prevention Acts being general, apply to all parts of the country; so that no adoption of them is required to put their provisions into operation.

In the Metropolis the powers under the Nuisances Acts, as well as for all purposes of Public Health, are executed by the Metropolitan Board of Works and the District Boards constituted by the Metropolis Management Acts. [See "Constitution of Local Authorities," for both these heads.]

METROPOLIS MANAGEMENT ACTS.

The provisions of any local Act may be suspended or altered by Order in Council, if at variance with the Metropolis Management Acts (18 & 19 Vict. c. 120, s. 248). And the lastmentioned Acts may, in like manner, be extended to parishes adjoining the Metropolis (s. 249), after notice to be submitted to the Vestry (25 & 26 Vict. c. 102, s. 42).

CONSTITUTION OF LOCAL AUTHORITIES.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS. Under the Public Health Act, 1848, Local Boards of Health, except in boroughs, were elected by owners and ratepayers, the number of members having been fixed by the General Board of Health; and nothing in the Local Government Act (21 & 22 Vict. c. 98) affected the qualification and numbers of the members of such Local Boards in places where the Public

Health Act was in force prior to the 1st September, 1858 (s. 5). All the powers, rights, duties, and liabilities of Local Boards constituted under the Public Health Act, are conferred on Boards under the Local Government Act (s. 6). Such Board, in boroughs, shall be the Council: in other places, the Improvement Commissioners, where such exist, and, where no such body, such number of qualified elective members resident within seven miles as may be determined by the ratepayers: and for the purposes of the election the District may, with the approval of the Secretary of State, be divided into wards in manner prescribed. The first election must be conducted by the summoning officer in manner directed by the 11 & 12 Vict. c. 63, s. 20, et seq., as regards qualification of voters, mode of voting, &c., &c., under penalty of 50l. for refusal or neglect [ib. s. 28]. Proceedings not to be invalidated for want of form [s. 29]. Expenses to be defrayed out of the rates [s. 30] (21 & 22 Vict. c. 98, s. 24). Any Local Authority elected for life under a local Act, on adopting the Local Government Act, must adopt, in lieu thereof, the mode of election prescribed by the last-mentioned Act (24 & 25 Vict. c. 61, s. 2). One-third of the members of such Local Board so elected shall go out of office yearly, and others be elected in their stead (11 & 12 Vict. c. 63, s. 13). Retiring members are eligible for re-election, and the remaining members may act when vacancies exist (ib. s. 14). Any casual vacancy may be filled up within a month (21 & 22 Vict. c. 98, s. 24). first meeting of the Board shall be held within ten days after the election (ib.). In any place, with a population under 3000, where the Act has been adopted, if no election takes place within three months of the constitution of the District, or the Local Board fail, within two months after their election, to appoint proper officers, the Act shall cease to be in force, save as to any contracts (26 Vict. c. 17, s. 5). Before acting, elected members must sign a declaration in the form prescribed, falsely to make which is a misdemeanor (11 & 12 Vict. c. 63, s. 17). Any person not making such declaration

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within three months or neglecting to attend the meetings during three months, thereby ceases to be a member (ib. s. 18) (a). No bankrupt or insolvent is eligible, nor person concerned in any contract with the Local Board (b); and any disqualified person acting is liable to a penalty of 50l. (ib. s. 19) (c). Interest in sale or lease of lands, or as shareholder in any joint stock company having any contract with the Board, does not disqualify, provided that no such shareholder vote on any question between the company and the Board; which prohibition, in the case of a shareholder in any water company, may be dispensed with by the Secretary of State (21 & 22

(a) In the case of Howitt v. Manfull, it was held that members disqualified under s. 18 by reason of neglect to attend the meetings of the Board, might be those selected to go out of office at the next election (6 E. & B. 736; 25 L. J. (Q. B.) 411).

(b) I.e., a continuing contract, to supply a series of articles,—not a single transaction; Wooley v. Kay, 25 L. J. Exch. 351; 1 H. & N. 307. In Le Feuvre v. Lancaster, 3 E. & B. 530, it was held that a member of a Corporation, which had contracted for a supply of iron railing, might furnish iron to the contractor (see Towsey v. White, 5 B. & C. 125, and West v. Andrews, 5 B. & Ald. 328). Though a member lose his office by reason of such contract, the Board must carry out the bargain (Foster v. Oxford Railway, 13 C. B. 200).

(c) The consent of the Attorney-General is necessary to a proceeding for such penalty "by any person other than a party grieved" (21 & 22 Vict. c. 98, s. 133). A mere ratepayer of the district cannot maintain an action without such consent (Boyce v. Higgins, 14 C. B. 1), nor an unsuccessful candidate at an election (Hollis v. Marshall, 2 H. & N. 755; 27 L. J. Exch. 235). A Commissioner under a local Act supplied lime to the Commissioners : it was held that his having been thus "concerned in any contract" was a question for the jury, and that, it being found in the affirmative, he thereby became subject to the penalty for acting after becoming disqualified (Nicholson v. Fields, 31 L. J. Ex. 233). Where by a local Act a penalty was imposed on a Commissioner for acting without a certain qualification, and by a subsequent Act the qualification was altered without specifying any penalty; but the two Acts were to be construed as one, except so far as the provisions of the first were inconsistent with the second, it was held that a Commissioner acting without the qualification imposed by the latter Act was liable to the penalty imposed by the former (Gough v. Hardman, 5 H. & N. 112). Where by Act of Parliament a penalty was imposed on any trustee holding an office of profit in connection with the trust, it was held that a trustee who accepted the office of treasurer, but allowed another person to receive the moneys, and never himself made any profit, was liable to the penalty if the office yielded any profit (Delane v. Hillcoat, 9 B. & C. 534).