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Section 20.) General Issue.
and not elsewhere; and the Defendant shall be at liberty to plead the General Issue, and give this Act and all special Matter in Evidence thereunder; and any person to whom any such Notice of Action is given as aforesaid may tender Amends to the Plaintiff, his Attorney or Agent, at any Time within One Month after Service of such Notice, and in case the same be not accepted may plead such Tender in bar, and (by Leave of the Court) with the General Issue or other Plea or Pleas; and if upon Issue joined upon any Plea pleaded to the whole Action the Jury find generally for the Defendant, or if the plaintiff be nonsuited or discontinue, or if Judgment be given for the Defendant, then the Defendant shall be entitled to full Costs of Suit, and have Judgment accordingly; and in case Amends have not been tendered as aforesaid, or in case the Amends tendered be insufficient, the Defendant may, by Leave of the Court, at any Time before Trial, pay into Court, under Plea, such Sum of Money as he may think proper, and (by the like Leave) may plead the General Issue or other Plea or Pleas, any Rule of Court or Practice to the contrary notwithstanding
Money may be paid into Court.
Persons acting in execution of Act not to be personally liable.
Their expenses to be repaid.
Also the Section numbered 140 of the same Act:
entered into by the Local Board of Health, nor any Matter or
Authority of this Act.
Superintending Inspector, or any Member of the Local Board of
(Sec. 20.21.) scribed, shall, if the same were put up by Authority of the Local or General Board of Health, be liable for every such Offence
to a Penalty not exceeding Five Pounds; (a)a Also so much of the Section numbered 150 of the same Act as relates to the Service of Notices and Proceedings on the Commissioners : CL. And be it enacted, That any Summons, Notice, Writ, or Service of Notice
Proceeding of any kind whatsoever to be served upon the Local sioners.
Office, or by being delivered there to the Clerk personally ; (6)
And with respect to the Appointment and Accountability of Officers. Officers of the Commissioners, be it enacted,
XXI. That the following Sections of “The Public Health Act, c. 63. incorpo1848,” shall be incorporated with this Act :
The Section numbered 37 of the said Act :
from Time to Time appoint fit and proper Persons to be Surveyor, appointSurveyor,
Sections 37 to 40 of 11 & 12 Vict.
rated with this Act.
as to their duties.
be Surveyor and
(6) The remainder of this Section is incorporated by Soc: 130 post.
Penalty upon Officers, &c. interested in Contracts or taking Fees im properly.
shall in any Manner assist or officiate in the Office of Clerk; and
Also the Section numbered 38 of the same Act:
or employed by or under the Local Board of Health shall in any-
Also the Section numbered 39 of the same Act :
enters upon any Office or Employment under this Act by reason
Officers, &c. intrusted with Money to give Security, and to account.
ceedings to be
failing to account
failing to account
Section 21) Treasurer all Monies owing by him upon the Balance of Accounts ; Summary Proand if any such Officer or Servant fail to render such Account, or taken in case of to produce and deliver up such of the said Vouchers and Receipts &c. as may be in his Possession 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 (a) being made to him in that Behalf, summon the Party charged to appear and answer the Complaint before Two Justices at a Time and Place to be specified in the Summons ; 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, and if it appear to the last-men- Punishment for tioned Justices that he has failed to render any such Accounts, or deliver up to produce and deliver up any such Vouchers or Receipts, or any Paper such Papers, Writings, Property, Effects, Matters, 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 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 ; (6) and if it for failing to pay appear that the Party charged has failed to pay over any such or 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 intending to that there is probable Cause for believing that the Party charged apprehended, &c. intends to abscond, such Justice may, without previous Summons,
Por failing to pay ver monies.
abscond may be
(a.) Mr. Lawes suggests that the complaint under this section is an information within Jervis' Act, 11 & 12 Vic. c. 43, sec. 6.
(..) Mr. Lawes writes that this "and" will be construed "or;" the intention of the section does not seem to require it, or is the alteration required to give the section full effect. If it were required, it is more than doubtful in a penal section whether any alteration would be admitted. Mr. Gael in his work on “Law Composition" page 172, gives the case of an Act of Parliament being passed to correct an error of the kind, where it was almost necessary to the sense, to make a similar alteration in the reading. In the case of Waterhouse v. Keen, 6 D. and Ry. 257, "and" was construed “or," but that was the case of a remedial statute. This is the case of a penal section; though it may be conceeded, that it would be for the benefit of the Offender, if the word " and" were read “or,'' as it might raise a doubt, if he had committed both offences, viz., failed to account or deliver up books, &c., and failed to pay the monies, whether two commitments might inue arrainst him.
Surety not to be relieved thereby.
an Officer of
by Warrant under his Hand and Seal, cause him to be forthwith
And the Commissioners may accept the Security of any GuaSociety may bo Surety. rantee Society for the Fidelity of any Officer :
Also the Section numbered 40 of the same Act. Power to appoint
vint XL. And be it enacted, That the Local Board of Health may from Health..
Time to Time, if they shall think fit, appoint a fit and proper Person, being a legally qualified Medical Practitioner 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 ; 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, and (in case of a joint Appointment for Two or more Districts) in such Proportions as the said General Board 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 of the said
General Board. Paviors, &c. may XXII. That the Commissioners may from Time to Time ap
point such and so many Paviors, Artificers, Workmen, Labourers, Carters, and others, and also purchase or hire such Waggons, Carts, or other Carriages, Machinery, and Implements, as they judge necessary for carrying this Act into execution.
And with respect to the Contracts, Deeds, Notices, and Docu
ments by and to the Commissioners, be it enacted, Sections 85, 149, XXIII. That the following Sections of “The Public Health 12 Vict. c. 63.and Act, 1848” shall be incorporated with this Act :
Approval of General Board.
and 151 of il and 12 Vict. c. 63.