not require to be laid by a person appointed under seal of the Board, and by consent of the Attorney-General. Harring v. Stockton, 31 J. P. 420. A.D. 1875. P.H. s. 133. 254. Where the application of a penalty under this Act Application of is not otherwise provided for, one half thereof shall go to penalties. the informer, and the remainder to the local authority of LG., s. 47. the district in which the offence was committed: Provided, that if the local authority are the informer they shall be entitled to the whole of the penalty recovered; and all penalties or sums recovered by them on account of any penalty shall be paid over to their treasurer, and shall by him be carried to the account of the fund applicable by such authority to the general purposes of this Act. See the Introduction, ante, p. lxxxii. Remission of penalties.-The 22 Vict. c. 32, may here be noticed. It enacts that it shall be lawful for Her Majesty to remit in whole or in part any sum of money which, under any Act now in force or hereafter to be passed, may be imposed as a penalty or forfeiture on a convicted offender, although such money may be, in whole or in part, payable to some party other than the Crown, and to extend the royal mercy to any person who may be imprisoned for non-payment of any sum of money so imposed, although the same may be, in whole or in part, payable to soine party other than the Crown. By the 27 & 28 Vict. c. 110, it is further enacted that where any public Act of Parliament provides that in respect of any offence therein mentioned a penalty is to be imposed of not less than a particular sum of money, or of not less than a certain term of imprisonment, or other punishment therein specified, it shall not be lawful for the justices or Court having cognizance of such offence to mitigate such penalty below the limit specified in that Act of Parliament, in pursuance of any power of mitigating penalties conferred on such justices or Court by any local or private Act of Parliament. Small penalties. 28 & 29 Vict. c. 127, ss. 3, 4.-The Small Penalties Act, 1865, enacts that the word "penalty" in that Act shall include any sum of money recoverable in a summary manner, and that where upon summary conviction any offender may be adjudged to pay a penalty not exceeding £5, such offender, in case of non-payment thereof, may, without any warrant of distress, be committed to prison for any term not exceeding the period specified in the following scale, unless the penalty shall be sooner paid; For any penalty Not exceeding 108. Exceeding 108. and not exceeding £1 The imprisonment Two months. But nothing in the Act contained shall affect the power of imposing hard labour in addition to imprisonment in cases where hard labour might, on non-payment of the penalty, have been so imposed if this Act had not passed. 28 & 29 Vict. c. 127, s. 5. The Act shall apply to penalties, including costs, recoverable in a summary manner in pursuance of any Act of Parliament, whether passed before or after the commencement of the Act; and all provisions of any Act of Parliament authorizing, in the case of non-payment of a penalty not exceeding £5, a longer term of imprisonment than is provided by the Act, shall be repealed. 28 & 29 Vict. c. 127, s. 6. The law officers of the Crown, Sir Roundell Palmer and Sir R. P. Collier, with reference to the Small Penalties Act, are stated to have A.D. 1875. Proceedings in certain cases against nui sances. N.R. 1855, ss. 33, 34, 39. Summary proceedings for recovery of rates. P.H., s. 103. advised that "though the wording of the Act on this subject is not quite satisfactory, they think that the true penalty' must be taken to mean the penal sum adjudged, together with the cost, i.e., the aggregate of the penal sum and the costs." Law Times, 13 April, 1867, p. 455. 255. Where any nuisance under this Act appears to be wholly or partially caused by the acts or defaults of two or more persons, it shall be lawful for the local authority or other complainant to institute proceedings against any one of such persons, or to include all or any two or more of such persons in one proceeding; and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the court having cognizance of the case to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of such court, contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to such court may appear fair and reasonable. Proceedings against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. Whenever in any proceeding under the provisions of this Act relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the "owner" or "occupier" of such premises, without name or further description. Nothing in this section shall prevent persons proceeded against from recovering contribution in any case in which they would now be entitled to contribution by law. See the Introduction, ante, pp. lxiii, lxxxii. 256. If any person assessed to any rate made under this Act by any urban authority fails to pay the same when due and for the space of fourteen days after the same has been lawfully demanded in writing, or if any person quits or is about to quit any premises without payment of any such rate then due from him in respect of such premises, and refuses to pay the same after lawful demand thereof in writing, any justice may summon the defaulter to appear before a court of summary jurisdiction to show cause why the rate in arrear should not be paid; and if the defaulter fails to appear, or if no sufficient cause for nonpayment is shown, the court may make an order for payment of the same, and, in default of compliance with such order, may by warrant cause the same to be levied by distress of the goods and chattels of the defaulter. The costs of the levy of arrears of any rate may be included in the warrant for such levy. The validity of a rate cannot be questioned on a rule to try the validity of an election of a Local Board. Reg. v. Derbyshire JJ., 19 J. P. 772. Proceedings for the recovery of rates. 25 & 26 Vict. c. 82, s. 1.-By the Act 25 & 26 Vict. c. 82, for the more economical recovery of poor-rates and other local rates and taxes, it is provided that: Where any number of local rates and taxes, whether of the same or of different kinds, are due from the same person, the rates and taxes so due may be included in the same information, complaint, summons, order, warrant, or other document required by law to be laid before justices or to be issued by justices, and every such document as aforesaid shall, as respects each rate or tax comprised in it, be construed as a separate document, and its invalidity as respects any one rate or tax shall not affect its validity as respects any other rate or tax comprised in it. No costs shall be allowed in respect of several informations, complaints, summonses, orders, warrants, or other such documents as aforesaid, in cases where, in the opinion of the justices or Court having jurisdiction over the said costs, one information, complaint, summons, order, warrant, or other document as aforesaid might have sufficed, regard being had to the provisions of this Act. This enactment in terms applies to rates levied under the Public Health Act, but its practical application to such rates is by no means clear. Upon an application for a warrant of distress the justices are not required to draw up any formal order, but may at once issue the warrant. Therefore where the clerk of the justices deciding upon the application for a warrant, as an act of courtesy handed the defendant a memorandum of the decision without the knowledge of the justices and without their signatures attached, this was held to be an inoperative document, and not a judicial proceeding which could do either good or harm. Reg. v. Tottenham, ex parte Perry, 1 L. T. (N. s.) 413; 24 J. P. 87. Hutchins v. Chambers, 1 Burr. 580, shows that if a rate made by a Local Board is bad, the persons who deem themselves aggrieved by it must appeal against it. If a rate be good upon its face, the justices ought to enforce it; unless in the cases, first, of the person assessed not having any assessable property; or secondly, unless some formalities in making the rate have not been duly observed, rendering the rate an absolute nullity. Where, therefore, a person was assessed to a special district rate, and not having appealed, was summoned for non-payment, whereupon he alleged that the rate was bad, inasmuch as it was made to repay expenses to which it was not applicable, it was held in a case stated under the 20 & 21 Vict. c. 43, that this was not an objection to which the justices ought to have given effect; but that the rate being good upon its face and unappealed against, they ought to have issued their warrant to levy it. Luton v. Daris, 2 L. T. (N. s.) 172; 6 Jur. (N. s.) 580; 29 L. J. M C. 173; 2 E. & E. 678. It has been held that the issue of a distress warrant to levy a rate made under a local Act is not within the limitation as to time laid down in the 11 & 12 Vict. c. 43, s. 11, sed quare whether upon application to justices for such a distress warrant they have power to state a case for the opinion of a superior Court under 20 & 21 Vict. c. 43, s. 2. Sweetman v. Guest, 18 L. T. (N. s.) 52; 37 L. J. M. C. 59. Justices cannot be called upon to state a special case, where an appeal against the rate lies to the quarter sessions. Reg. v. Gloucester JJ., 29 L. J. M. C. 117; 6 Jur. (N. s.) 293; 1 L. T. (N. s.) 294. On an application for a distress warrant to enforce payment of a general district rate, the defendant contended that the justices had no jurisdiction, because (1) the Local Board had not been duly elected, because under a A.D. 1875. L.G., s. 54 (3). A.D. 1876 from owners. and see P.H., s. 146. local Act the notice of vestry was signed by a clerk to the local Commissioners instead of by a rector, churchwarden, &c., and not affixed on a church door; (2) that a poll was allowed when no poll had been formally demanded; (3) that no minute was made in the vestry book of a meeting being summoned for election of Commissioners. These objections the Court of Queen's Bench held were cured by the 29th section of 11 & 12 Vict. c. 63, and the justices were upheld in issuing their distress warrant. Bowling v. Bailey, 31 J. P. 358. In the case of a poor-rate the question of occupation or non-occupation of premises rated to that rate may be raised before the justices on application for a distress warrant, and replevin will lie in such case; but if the person who is the visible occupier objects that his occupation is not beneficial, that is matter for appeal to the quarter sessions. Reg. v. Bradshaw, 29 L. J. M. C. 176. S. C. nom. Reg. v. Warwickshire JJ., 2 L. T. (N. s.) 233. See also Milward v. Caffin, 2 W. Bl. 1330; Marshall v. Pitman, 9 Bing. 595; and London & North Western Railway Company v. Buckmaster, 31 L. T. (N. s.) 835, affirmed in error, 33 L. T. (N. s.) 32.). Soratepayers liable under a local Act to the payment of rates in respect of houses and gardens, cannot when summoned before the justices for non-payment resist the issue of distress warrants because at the making of the rate warehouses and other property not rateable under the Act were improperly included in the assessment. In such case the proper remedy is by appeal to the sessions, where the error can be corrected. Reg. v. Twopenny, 17 L. T. (N. s.) 266. Recovery of rates from bankrupts. -All parochial or other local rates due from a bankrupt at the date of the order of adjudication, and having become due and payable within twelve months next before such time, shall be paid in priority of all other debts. 32 & 33 Vict. c. 71, s. 32. Under a liquidation the property of a debtor shall be distributed in the same manner as in a bankruptcy. 32 & 33 Vict. c. 71, s. 125 (7). Recovery of 257. Where any local authority have incurred expenses expenses by for the repayment whereof the owner of the premises for local authority or in respect of which the same are incurred is made liable L.G., ss. 62, 63. under this Act or by any agreement with the local L.G. Am., s. 23, authority, such expenses may be recovered, together with interest at a rate not exceeding five pounds per centum per annum, from the date of service of a demand for the same till payment thereof, from any person who is the owner of such premises, when the works are completed for which such expenses have been incurred, and until recovery of such expenses and interest the same shall be a charge on the premises in respect of which they were incurred. In all summary proceedings by a local authority for the recovery of expenses incurred by them in works of private improvement, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand. Where such expenses have been settled and apportioned by the surveyor of the local authority as payable by such owner, such apportionment shall be binding and conclusive on such owner, unless within three months from service of notice on him by the local authority or their surveyor of the amount settled by the surveyor to be due from such owner he shall by written notice dispute the same. The local authority may, by order, declare any such expenses to be payable by annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding five pounds per centum per annum, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered in a summary manner from the owner or occupier for the time being of such premises, and may be deducted from the rent of such premises, in the same proportions as are allowed in the case of private improvement rates under this Act. A.D. 1875. members of 258. No justice of the peace shall be deemed incapable Justices may of acting in cases arising under this Act by reason of his act, though being a member of any local authority, or by reason of his local authority being as one of several ratepayers, or as one of any other or liable to class of persons liable in common with the others to con- P.H., s. 132. tribute to, or to be benefited by any rate or fund, out of N.R. 1866, s. 2. which any expenses incurred by such authority are under 30 & 31 Vict. this Act to be defrayed. Still, any direct pecuniary interest, however small, in the subject-matter, will disqualify a justice from acting judicially in the matter; but the mere possibility of bias in favour of one of the parties does not ipso facto avoid the justice's decision. keg. v. Rand, 35 L. J. M. C. 157 ; 7 B. & S. 297. Where under a Local Improvement Act, on an information laid by order of a corporation, who were the Local Board of Health, for violating a byelaw in deviating from a plan of building, it was held that the convicting justices were not disqualified as being members of the corporation. Harring v. Stockton, 31 J. P. 420. contribute. c. 115. 259. Any local authority may appear before any court, Appearance of or in any legal proceeding by their clerk, or by any officer local authoor member authorised generally or in respect of any specialities in legal proceedings. proceeding by resolution of such authority, and their clerk, San. 1866, s. or any officer or member so authorised shall be at liberty 48. to institute and carry on any proceeding which the local authority is authorised to institute and carry on under this Act. In the case of a complaint to the justices on behalf of a Local Board for any infringement of the bye-laws, it has been held that the justices are not bound to adjudicate unless the clerk of the Board attends the hearing by himself or by his counsel or attorney. Ex parte Leamington, 26 J. P. 84. Where a contract was entered into with five persons named who were members of a Local Board, for works to be done by such persons, and they covenanted for themselves, their heirs, executors, and administrators." but the contract professed to be entered into by them "for and on behalf of the Local Board," it was held that the clerk to the Local Board was the proper person to sue for a breach of the contract, by virtue of sect. 138 of the 11 & 12 Vict. c. 63. Cobham v. Holcombe, 8 C. B. (N. 8.) 815. The Local Board are a fluctuating body, and therefore the legislature has provided that actions shall be brought and defended in the name of their clerk; and it has also provided against the injustice of making them or their officers personally liable for matters done bona fide in the execution |