The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-02-28 00:00:00

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Nocal ad pistrict Pius.

COMMISSIONERS' MEETING.

The monthly meeting of this body was held at
the Board Room, on Monday last, Mr. J.
McEwei in the chair. There were also present
Messrs. H. Hughes, Perkins, Al!church, Kelly,
Stanley, Woolley, Billingham, and Edwards.
The Clerk read the minutes of the last meet-
ing, which were confirmed.
The Chairman said the first business of the
meeting was the special business according to
notice given to each Commissioner, and read the
following, which had been sent to each Commia-
aioner:—

Notice is hereby given that at the next monthly meet-
ing of the Stoarbridge Improvement Commissioners to
be holden at the Commissioners' ROGIII,Corn Exchange,
on Monday, February 23rd next, it resolution will be
proposed to rescind the following resolution passed at a
meeting of the said Commissioners held March 13th,
Ititi7, (namely).
That the following parts of the Local Government Act,
1858, namely, partr of the said Act called section 32,
clauses numbered 3 and 4, namely
lu parts where the Local Board do not themselves
Undertake or contract with any person for—
The cleansing of footways and pavements adjoining
any premises.
Tho roolov4 of refuse from any premises.
"The cleansing of privies, ashpits, and cesspools.
" They may make bye-laws imposing the duty of such
clran,ing or removal on the occupier of any such pre-
mises."_.

(1) "The Local Board may make bye-laws for the pre-
veution of nuisances arising from snow, filth, dust,
ash., and rubbish within their district or of the keeping
of animals, so aa to he injurious to the public health—be,
and the same are hereby adopted, and that the necessary
steps be taken to carry such into efiect."
And Notice is also given that at the said monthly
meeting a resolution will be moved for rescinding the fol-
lowing resolution passed at • monthly meeting of the
said Commissioners held August 25th, 1873 (namely) :
" That the Clerk do inform Mr. Knott that this Board
respectfully declines pradocing the accounts for the year
ending March 30th, 1873, to be audited by him, the same
having been already anditet and filed according to the
Commissioners' Clauses Act."

The Chairman remarked that the first was
eiven by Mr. Hughes, and he should like to
know what he had to say upon the subject. It
might be a question whether or not they might
proceed with the question.
Mr. Hughes said he gave notice to rescind the
resolution in question, but he had re.conaidered
the question, and if it was rescinded he did not
see that it would alter the position of the Board,
and withdrew the notice.
The Chairman said as to the next resolution
to produce the accounts for the year ending
March 30th, 1873, to be audited by Mr. Knott,
the same having already been audited. His own
impression was that they should proceed with it,
because when he ,net Mr. Knott:on Monday last,
he was informed that the Commissioners had
nothing to do in the matter, for a hen the officer
had given notice to the Clerk to produce the
books for audit, it lay with the Clerk whether he
did so or not. If he did not comply the offence
was penal, and he must take the consequences
of such refusal. The position of the Board was
this, that if the notice was not proceeded with
they were bound to hold their Clerk harmless in
the matter—(hear, bear)—because that resolu•
lion was his defence. If the resolution was res-
cinded, the Clerk would himself be responsible
for any penalty through the accounts not being
produced.
The Clerk suggested that he should write to
the Local Government Board, and make further
enquiries.
Mr. Kelly: Have you heard anything more
from Mr. Knott?

The Clerk: I have not. I have written to the
Local Government Board upon the subject, but
have not received any reply.
Mr. Perkins then moved that the resolution
be rescinded, and enquired whet proceedings
would be taken against the Commissioners.

The Chairmai; said they would,.-Ce--;ppre-
hended. proceed before the Magistrates, and the
full penalty would be 40s.
Mr. Hughes: Yes, and perhaps, is W.
The Clerk: There would be the costs ; or he
might apply to the Court of Queen's Bench for
a to compel me to produce the books.
Mr. Woolley said he considered it affected the
independence of the whole Board, and it was
orth something to vindicate their independ-
ence.

The Chairman remarked that the proposition
was not seconded, and, consequently there was
nothing before the Board; and he would suggest
that counsel's opinion be taken. . . .

The Cleik saili he thought that was the best
thing to do.
Af er some further discussion,

Mr. H. Hughes moved that the Clerk be in-
structed to take professional advice, end, if ne-
cessary, counsel's opinion, for the guidance of
the Board on the question.
Mr. Al!church seconded the motion, which
%vas carried unanimously.