“(4.) Before any contract of the value or amount of one hundred pounds or upwards is entered into by an Urban Authority ten days’ public notice at the least shall be given, expressing the nature and purpose thereof, and inviting tenders for the execution of the same; and such authority shall require and take sufficient security for the due performance of the same:

“(5.) Every contract entered into by an Urban Authority in conformity with the provisions of this section, and duly executed by the other parties thereto, shall be binding on the Authority by whom the same is executed and their successors, and on all other parties thereto and their executors, administrators, successors or assigns to all intents and purposes: Provided that an Urban Authority may compound with any contractor or other person in respect of any penalty incurred by reason of the non-performance of any contract entered into as aforesaid, whether such penalty is mentioned in any such contract, or in any bond or otherwise, for such sums of money or other recompense as to such Authority may seem proper” (38 & 39 Vic. c. 55, s. 174).

In reading the numerous foot-notes that follow the above clauses in Glen’s ‘Law of Public Health and Local Government,’ it will be seen that contracts with corporations have been held to be very different from ordinary ones between individuals or companies. All contracts should be by deed under the seal of the corporation, or “there is no safety or security for anyone dealing with such a body on any other footing,” and this applies also in “respect of any variation or alteration in a contract which has been made.”

“A committee of the corporation has no power to enter into any contract” (38 & 39 Vic. c. 55, s. 200).

A member of a corporation may not be “concerned in any bargain or contract” entered into by the corporation, although this would not vitiate the contract (38 & 39 Vic. c. 55, sch. 11, clause 64), neither may an officer of the corporation be “concerned or interested in any bargain or contract” (38 & 39 Vic. c. 55, s. 193).

It is, of course, necessary before any contract can be entered into, that the town surveyor should prepare the specification, schedule of prices and drawings where necessary; this entails a considerable amount of work.

In addition to ordinary specifications for works, the town surveyor has often to prepare specifications and schedules for the supply of the following goods:

and a host of other things too numerous to mention.

A well-written, clear, and comprehensive specification is a most difficult thing to write, but it should be “common sense” from beginning to end, any legal phraseology being left to the town clerk to introduce in his “deed” as required by the Act.