§ SIR JOHN KENNAWAYasked the President of the Local Government Board, Whether his attention has been called to the case of Burgess v. Clarke and Collins, heard before Mr. Justice Cave at Devizes on the 12th of January last (reported in the "Local Government Chronicle" of February 9th), when a penalty of £50 was recovered by a common informer from the clerk to the Local Board of Health at Trowbridge, under section 193 of "The Public Health Act, 1875," for having let a room in his office to the board; and, whether, considering that in a great number of instances the clerks have been accustomed to let to their board a room in their office for a board room, and it would seem under this section that for so doing they are not only liable to a penalty of £50, but are declared incapable of afterwards holding or continuing in any office or employment under the Act, he will consider the advisability of bringing in an amending Act which will free clerks and other officers of boards from their past and present liabilities?
MR. GEORGE RUSSELLSir, our attention has been called to the case of "Burgess v. Clarke and Collins." The defendant seemed to have acted in entire good faith, and the case appears to be one of considerable hardship. We are informed that there is to be an appeal against the decision, and if it should appear that under these circumstances the clerk to a local board is liable to a penalty, we should certainly be prepared to propose an amendment of the law.
In reply to a further Question from Sir JOHN KENNAWAY,
§ SIR CHARLES W. DILKEIf the hon. Member likes to bring in a Bill dealing with the subject, the Government will consider it.