three inspectors shall have been appointed then not less than two inspec- 2. By Statute. tors, shall constitute a quorum for transacting business." and rent an office Sect. 24. "It shall be lawful for the said inspectors elected in any pa- 3 & 4 Will. IV. c. 90. rish under this act for the time being, and they are hereby authorized and Inspectors to aprequired, to appoint, during pleasure, such treasurer and other officers as point officers they shall think necessary for effecting the purposes of this act, and to re- during pleasure, move and displace the same, and to hire and rent a sufficient office or for the transac house or room for holding their meetings and transacting their business, tion of their busiand also to appoint suitable salaries, wages, and allowances to and for ness. such treasurer and other officers, and also to agree for a reasonable rent for such office or house or room, and to pay such salaries, wages, and allowances, and such rent, out of the moneys received by the inspectors under the authority of this act: Provided nevertheless, that no person No person to hold shail at the same time hold two offices or situations under the said two offices, &c., mspectors" (a). at same time. surer. Sect. 25. "It shall be lawful for the said inspectors, or any two or more Security to be of them, and they are hereby required, to take security from the treasurer taken from treato be appointed by virtue of this act for the due execution of his office of treasurer, according to the true intent and meaning of this act, which security shall be to the full amount of the sum likely to be in the hands of the said treasurer at any one time; and in case any such treasurer If security not shall neglect or refuse for the space of three weeks next after his appoint- given, &c., apment to give or offer such security to the satisfaction of the said in-pointment void. spectors, then the appointment of every such person so neglecting or refusing shall be null and void to all intents and purposes; and the said inspectors shall within three weeks then next assemble and appoint some other fit and proper person to the office of treasurer, instead of the person so refusing or neglecting as aforesaid, and shall so assemble and appoint from time to time until security shall be given to their satisfaction as aforesaid." Sect. 26. "That every such treasurer and other officer appointed by vir- Treasurer and ofthe of this act shall, under his respective hand, and at such time or times, ficers to account. and in such manner as the said inspectors shall direct, deliver to the said spectors, or such person as they shall appoint, true and perfect accounts in writing of all matters and things committed to his charge by virtue of this act, and also of all monies which shall have been by such officer received by virtue of or for the purposes of this act, and of how much thereof shall have been expended and disbursed, and for what purposes, together with proper vouchers for such payments; and that every such cer shall pay all such monies as shall remain due from him to the treasurer for the time being, or to such person or persons as the said inspector shall appoint to receive the same; and if any such treasurer, Proceedings oficer, or other person shall refuse or neglect to make and render such against officers account, or to produce and deliver up the vouchers relating to the same, account. neglecting to er to make payments as aforesaid, or shall refuse or wilfully neglect to deliver to the said inspectors, or to such person or persons as they shall appoint to receive the same, within three days after being thereunto reyared by the said inspectors by notice in writing (see post, Form No. 17), under the hands and seals of any two or more of the said inspectors given to or left at the last or usual place of abode of such officer, all books, papers, and writings in his custody or power relating to the execution of this act, or to give satisfaction to the said inspectors, or such other person or persons as aforesaid, respecting the same, then, and in every such case, upon complaint made by the said inspectors, or by such person or Complaint may persons as they the said inspectors shall appoint for that purpose, of any be made to jus () Mr. Tidd Pratt, in his publication on this act, observes (p. 15), that as the overseers are bound to pay the money mentioned in the inspector's order to the treasurer, it would be pro per that on the appointment of every tices. 3 & 4 Will. IV. c. 90. Money may be levied by distress. 2. By Statute. such refusal or wilful neglect as aforesaid, to any justice of the peace, such justice may and he is hereby authorized and required to issue a summons under his hand and seal for the officer so refusing or neglecting to appear before two justices of the peace; and upon the said officer appearing, or having been so summoned and not appearing without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices to hear and determine the matter in a summary way; and if, upon confession of the party, or by the testimony of any credible witness or witnesses upon oath (which oath such justices are hereby em powered to administer,) it shall appear to such justices that any monies remain due from such officer, such justices may and they are hereby authorized and required, upon non-payment thereof, by warrant under their hands and seals, to cause such money to be levied by distress and sale of the goods and chattels of such officer; and if no goods and chattels of such officer shall be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, or if it shall appear to such justices that such officer had refused or wilfully neglected to render and give such account, or to produce the vouchers relating thereto, or that any books, papers, or writings relating to the execution of this act remained in the hands or in the custody or power of such officer, and he refused or wilfully neglected to deliver or give sa tisfaction respecting the same as aforesaid, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city or place where such offender shall be or reside, there to remain, without bail or mainprize, until he shall have given a true and perfect account as afore said, or until he shall have paid such monies as aforesaid, or compounded with the said inspectors for such money, and shall have paid such com position in such manner as they shall appoint, (which composition the said inspectors are hereby empowered to make and receive,) and until he shall have delivered up such books, papers, and writings, or given satis faction in respect thereof, to the said inspectors, or to such other person or persons as aforesaid; but no such offender shall be kept or detained in such common gaol or house of correction, for want of sufficient distress, by virtue of this act, for any longer space of time than three calendar months." If no goods, &c., offender may be committed to gaol, &c. Inspector may compound. Not to be imprisoned for longer than three months. Commitment of Officers taking besides the salary, forfeit 501. Sect. 27. "No prosecution or commitment, under the provisions of this act, of any treasurer or other officer or person to be appointed under the powers of this act, shall acquit or discharge any surety or security that shall or may have been taken by or given to the said inspectors for the due and faithful execution of his or their office, or the payment of the monies received or to be received by him or them respectively." Sect. 28. "If any person who shall be employed as treasurer, or any any fee or reward other officer or servant who shall be in anywise employed by the said in&c. appointed to' spectors for putting this act or any of the powers thereof into execution, shall exact, take, or accept any fee or reward whatsoever other than such salaries, allowances and rewards as are appointed by this act, or shall be appointed, allowed, and approved of by the said inspectors, for or on account of any thing done or to be done by virtue of this act, or on any account whatsoever relative to putting this act into execution, or shall in anywise be concerned or interested in any bargain or contract made or to be made by the said inspectors; and no person during the time he holds the office of inspector, shall accept or hold any office or place of trust created by virtue of this act within the said parish, or shall be concerned directly or indirectly in any contract with the said parish; every such person so offending shall be incapable of ever serving or being employed under this act, and shall over and above forfeit the sum of 50l. to any person or persons who shall sue for the same." No inspector to hold office of trust under this act. Penalty of 501. Inspectors may sue and be sued in the name of any one of them. Sect. 29. "That the said inspectors may sue and be sued in the name of any one of the inspectors for the time being; and all actions or suits that may be necessary or expedient to be brought for the recovery of any pe 3 & 4 Will. IV. c. 90. ness. nalty or sum of money due or payable by virtue of this act, or for or in re- 2. By Statute. spect of any other matter or thing relating to this act, may be brought in the name of any one of the said inspectors; and that no action or suit which may be brought, commenced, or prosecuted by or against the said inspectors, or any of them, by virtue or on account of this act, shall abate Action, when not or be discontinued by the death, resignation, or removal of such inspector, to abate. but such inspector shall be deemed plaintiff or defendant in any such action or suit (as the case may be): Provided also, that in all cases in Inspector to be a which the inspector as aforesaid shall, in pursuance of this act, be the competent witplaintiff or defendant on the record in any action or actions, suit or suits, in which in effect the said inspectors shall be suing or sued in the name of such one inspector as aforesaid, he (although appearing as the plaintiff or defendant on the record) may and shall nevertheless (if not otherwise interested or objectionable) be a good examinable and competent witness in every action or suit either for or against the said inspectors; and all the affidavits of debt or service which may be necessary or expedient to be made preparatory to or in the prosecution or defence of any and every such action, suit, or proceeding, shall and may be lawfully made by such one inspector, notwithstanding he shall be nominal plaintiff or defendant on the record as aforesaid: Provided also, that every or any such inspector Inspector to be in whose name any action or suit shall be commenced, prosecuted, or de- reimbursed for all fended in pursuance of this act, shall always be reimbursed and paid out costs. of the monies to arise by virtue of this act, all such costs, charges, and expenses as he shall be put to or become chargeable with by reason of his being made plaintiff or defendant therein; and in case of his removal from office, or ceasing to act as such inspector, all such costs, charges, and expenses shall be paid by the inspector for the time being; and no Inspector, when inspector shall be personally answerable or liable for the payment of the not personally same or any part of them, unless such action or suit shall arise in consequence of his own wilful neglect or default, or have been brought or commenced or be defended without the order or direction of the said inspectors." answerable. spectors to be Sect. 30. "All acts, orders, and proceedings of the said inspectors at Proceedings at any of their meetings shall be entered in a book to be kept by them for meetings of inthat purpose, and shall be signed by two of the inspectors who were then entered in books, present; and all such acts, orders, and proceedings shall then be deemed which shall be and taken to be original acts, orders, and proceedings; and such books good evidence. shall and may be produced and read as evidence of all such acts, orders, and proceedings upon any appeal or trial or information, or any proceedings, civil or criminal, and in any court or courts of law or equity whatsoever." payers, who may Sect. 31. "The said inspectors shall and they are hereby required from Accounts to be time to time to order and direct a book or books to be provided and kept, kept. in which book or books shall be entered true and regular accounts of all sums of money received, paid, and expended for or on account of the purposes of this act, and of the several articles, matters, and things for which such sums of money shall have been disbursed and paid; and such book or books shall at all reasonable times be open to the inspection of and open to inthe said inspectors and of every inhabitant rated to the relief of the poor spection of rateof the parish adopting the provisions of this act, without fee or reward; take copies, &c. and the said inspectors and other persons aforesaid, or any of them, shall or may take copies of or extracts from the said book or books, or any part thereof, without paying for the same; and in case the said inspectors shall refuse to permit or shall not permit the said persons aforesaid to inspect the same, or take copies or extracts as aforesaid, such inspector shall forfeit and pay any sum of money not exceeding 51. for each default, to be levied and applied in manner hereinafter provided." Sect. 32. "As soon as the inspectors have been elected as aforesaid, it Inspectors to isshall be lawful for them, or any two or more of them, from time to time sue an order to to issue an order under their hands to the overseers of the poor of any ment of money parish to which the provisions of this act shall be extended, by which for the purposes overseers for pay of this act. 2. By Statute. order they shall require the said overseers to levy the amount mentioned in the said order." (See post, Form No. 18). 3 & 4 Will. IV. c. 90. Power to collect rates. Owners, &c., of in what proportion to be rated. Sect. 33. " The overseers aforesaid shall, for the purpose of collecting, raising, and levying the rate necessary for the purposes of this act, proceed in the same manner, and have the same powers, remedies, and pri vileges, as for levying money for the relief of the poor in the said parish: Provided always, that owners and occupiers of houses, buildings (a), houses and land, and property (other than land) rateable to the relief of the poor in any such parish shall be rated at and pay a rate in the pound three times greater than that at which the owners and occupiers of land shall be rated at and pay for the purposes of this act: Provided also, that the total amount of the sum to be collected, raised, and levied for the purposes of this act within any one year shall not exceed such sum as shall have been agreed on by the inhabitants of the said parish as aforesaid, and that the said sum shall be assessed upon the full and fair annual value to which lands, houses, buildings, and other property within the said parish shali be rated or shall be rateable according to the last valuation made and acted upon for the rate for the relief of the poor within the said parish." Land and houses rately. Sect. 34. "Provided always, that it shall be lawful for the overseers of to be rated sepa- the poor of any such parish, and they are hereby required, whenever, according to the rate made for the relief of the poor, one and the same person shall be rated in one sum in respect of land, and also of houses, buildings, and other property, to cause such land, and also such houses, buildings, and other property, to be separately assessed, and the sum hereby authorized to be levied shall be assessed accordingly: Provided always, that every court-yard, yard, or garden (such garden not being a market garden or nursery ground) shall be included in and make part of the assessment to be made on the house, buildings, or other property Land, &c. not to to which they may be respectively attached: Provided also, that such be assessed higher than in last poor rate. land, houses, buildings, and other property, shall not in the whole be assessed at a higher amount than they were in the last rate made for the relief of the poor within the said parish." Sect. 35. "If the overseers of the poor of any parish adopting the provisions of this act shall go out of office before they shall have col lected or levied the amount mentioned in the order issued under the hands of the said inspectors in pursuance of this act, they shall deliver to the succeeding overseers, within seven days from the time they go out of office, a full and particular account in writing of the names of the parties from whom any money may be due on account of the rate made in pursuance of this act, as well as the last order issued to them by the said inspectors; and in such case the succeeding overseers shall have the like powers and remedies under this act for the collecting and recovery thereof, and shall be liable to the same penalties and forfeitures in case of the non-payment to the said inspectors, as their predecessors had or were liable to." Sect. 36. "The overseers of the poor of every parish adopting the provisions of this act, to whom any such order as aforesaid shall be issued, shall pay over the amount mentioned in such order to the treasurer to be appointed in the said parish under this act within three calendar months from the delivery of such order to one of the overseers, and shall keep the accounts of the said rate levied for the purposes of this act separate and distinct from the accounts of the rates levied in the same parish for the relief of the poor; and at the time of making any payment to the (a) A watching and lighting act authorizes the commissioners to make a rate upon all persons inhabiting, using, or occupying any houses, shops, mills, sheds, or other buildings or tenements within the township. Held, that sheds erected to protect engines for the more convenient working of a coal mine were rateable, although it was contended that they were exempt, as being merely accessorial to the engines. (Brown v. Granville (Lord), 3 M. & Scott, 403; 10 Bing. 69, S. C.) c. 90. said treasurer the said overseers shall deliver to him a note in writing 2. By Statute. (see post, Form No. 19,) signed by them, specifying the amount so paid, which note shall be kept by the treasurer as a voucher for his receipt of 3 & 4 Will. IV. that particular amount; and the receipt of the said treasurer, specifying Receipt of treathe amount paid to him by the overseers, shall be a sufficient discharge surer to be a disto the overseers for such amount, and shall be allowed as such in charge to overpassing their accounts with their respective parishes." (See post, Form No. 20.) seers. rized to collect Sect. 37. "Where any persons other than the overseers of the poor Where other pershall by virtue of any office or appointment be authorized and required sons are authoto make and collect or cause to be collected the rate for the relief of the poor's rates, such poor in any parish to which all or any of the provisions of this act shall persons to be be extended, such persons, by whatsoever title they may be called, shall deemed overbe deemed to be overseers of the poor within the meaning of this act, and to be included under and denoted by the words 'overseers of the poor, for all the purposes of this act, as fully as if they were commonly called or known by the title of overseers of the poor." seers. distrained upon arrears to be Sect. 38. "In case the amount directed by such order as aforesaid to Overseers may be be paid by the overseers in any parish, to which all or any of the pro- for non-payment. visions of this act shall be extended, shall not be paid to the said treasurer within the time specified for that purpose, in the said order, any justice of the peace, upon complaint thereof made to him by the said treasurer, or by any one of the inspectors, may, and he is hereby authorized and required, to issue a summons under his hand and seal for the said overseers so refusing or neglecting to pay such money as aforesaid to appear before two justices of the peace; and upon the said overseers appearing, or having been so summoned and not appearing, without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices, and they are hereby required, in case the said money is not paid, to issue their warrant for levying the amount, or so much thereof as may be in arrear, by distress and sale of the goods of all or any of the said overseers; and in case the goods of all the overseers shall not If goods be not be sufficient to pay the same, the arrears thereof shall be added to the sufficient, &c., amount of the next levy which shall be directed to be made in such parish added to amount for the purposes of this act, and shall be collected by the like method." of next levy. Sect. 39. "The said inspectors shall from time to time appoint and em- Watchmen, &c. ploy such number of able-bodied watch-house keepers, serjeants of the to be appointed, and provided watch, watchmen, patrols, street-keepers, and other persons as they shall with arms, cloththink sufficient for the proper protection of the inhabitants, houses, ing, &c. and property, streets and other places within the limits of this act, by day or by night, or by day and by night, and provide for the use of all sach watchmen, watch-house keepers, serjeants of the watch, patrol, and persons as aforesaid, such clothing, arms, ammunition, and weapons, and shall assign to them such beats and rounds and duties, and appoint such hours for them to be on duty, and also such wages, rewards, and gratuities, or remunerations for their services, and also make such rules, orders, and regulations relative to such watch-house keepers, serjeants of the watch, watchmen, patrol, street-keepers, and other persons, and their duties, as to the said inspectors shall seem meet, and also shall and may offer and give, as well to the said persons as to any other not specially employed by them, such gratuities and rewards for apprehending felons and others, offenders within the limits of this act, as to them shall seem proper; and shall and may defray the expenses of prosecuting any Inspectors may such felons and offenders, for the protection of the inhabitants of any defray expenses of prosecuting feparish adopting the provisions of this act, or in defending any of the ions, &c. said persons or other officers of the said inspectors in the execution of their duty, as they shall think proper; and the said wages, rewards, Expenses, &c. to gratuities, and the costs of such prosecutions or defences, and all other be paid out of expenses that may be incurred by the said inspectors for the protection under act. and guard of the inhabitants, shall and may be paid by the said inspectors out of the monies received in pursuance of this act. monies received |