Municipal Corporations Act 1882

Officers of Council.

17 The town clerk and deputy.

(1) The council shall from time to time appoint a fit person, not a member of the council, to be the town clerk of the borough.

(2) The town clerk shall hold office during the pleasure of the council.

(3) He shall have the charge and custody of, and be responsible for, the charters, deeds, records, and documents of the borough, and they shall be kept as the council direct.

(4) A vacancy in the office shall be filled within twenty-one days after its occurrence.

(5) In case of the illness or absence of the town clerk, the council may appoint a deputy town clerk, to hold office during their pleasure.

(6) All things required or authorized by law to be done by or to the town clerk may be done by or to the deputy town clerk.

18 The treasurer.

(1) The council shall from time to time appoint a fit person, not a member of the council, to be the treasurer of the borough.

(2) The treasurer shall hold office during the pleasure of the council.

(3) A vacancy in the office shall be filled within twenty-one days after its occurrence.

(4) The offices of town clerk and treasurer shall not be held by the same person.

19 Other borough officers.

The council shall from time to time appoint such other officers as have been usually appointed in the borough, or as the council think necessary, and may at any time discontinue the appointment of any officer appearing to them not necessary to be re-appointed.

20 Security by and remuneration of officers.

The council shall require every officer appointed by them to give such security as they think proper for the due execution of his office, and shall allow him such remuneration as they think reasonable.

21 Accountability of officers.

(1) Every officer appointed by the council shall at such times during the continuance of his office, or within three months after his ceasing to hold it, and in such manner as the council direct, deliver to the council, or as they direct, a true account in writing of all matters committed to his charge, and of his receipts and payments, with vouchers, and a list of persons from whom money is due for purposes of this Act in connexion with his office, shewing the amount due from each.

(2) Every such officer shall pay all money due from him to the treasurer, or as the council direct.

(3) If any such officer—

(a) Refuses or wilfully neglects to deliver any account or list which he ought to deliver, or any voucher relating thereto, or to make any payment which he ought to make; or

(b) After three days notice in writing, signed by the town clerk or by three members of the council, given or left at his usual or last known place of abode, refuses or wilfully neglects to deliver to the council, or as they direct, any book or document which he ought so to deliver, or to give satisfaction respecting it to the council or as they direct ;

a court of summary jurisdiction having jurisdiction where the officer is or resides may, by summary order, require him to make such delivery or payment, or to give such satisfaction.

(4) But nothing in this section shall affect any remedy by action against any such officer or his surety, except that the officer shall not be both sued by action and proceeded against summarily for the same cause.