SS. carriages or animals, and one-third part of such payment shall in Part III. each case, if required, be made before the carriage is loaded; and such payments shall be made, if required, in the presence of a 113-115. justice or constable. (6.) If an officer or non-commissioned officer is from any cause unable to pay the amount due to the owner or driver of any carriage or animal, he shall make up with such owner or driver and sign an account of the amount due to him, and forthwith transmit the account so signed to a Secretary of State, who shall forthwith cause the amount named therein to be paid to such owner or driver. of persons carriages. 114. (1.) The police authority for any place may cause annually Annual list a list to be made out of all persons in such place, or any particular liable to part thereof, liable to furnish carriages and animals under this supply Act, and of the number and description of the carriages and animals of such persons; and where a list is so made, any justice may by warrant require any constable or constables having authority within such place to give from time to time, on demand by an officer or non-commissioned officer under this Act, orders to furnish carriages and animals, and such warrant shall be executed as if it were a special warrant issued in pursuance of this Act on such demand, and the orders shall specify the like particulars as such special warrant. (2.) The police authority shall cause such list to be kept at some convenient place open for inspection at all reasonable times by persons interested, and any person who feels aggrieved either by being entered in such list, or by being entered to furnish any number or description of carriages or animals which he is not liable to furnish, may complain to a court of summary jurisdiction, and the court, after such notice as the court think necessary to persons interested, may order the list to be amended, in such manner as the court may think just. (3.) All orders given by constables for furnishing carriages and animals shall, as far as possible, be made from such list in regular rotation. NOTE. Police authority. For definition see s. 190 (39). and vessels emergency. 115. (1.) His Majesty by order, distinctly stating that a case of Supply of emergency exists, and signified by a Secretary of State, and also in carriages Ireland the Lord Lieutenant by a like order, signified by the Chief in case of Secretary or Under Secretary, may authorise any general or field officer commanding His Majesty's regular forces in any military district or place in the United Kingdom to issue a requisition under this section (hereinafter referred to as a requisition of emergency). (2.) The officer so authorised may issue a requisition of emergency under his hand, reciting the said order, and requiring justices of (M.L.) 2 A s. 115. Part III. the peace to issue their warrants for the provision, for the purpose mentioned in the requisition, of such carriages and animals as may be provided under the foregoing provisions, and also of carriages of every description, and of horses of every description, whether kept for saddle or draught, and also of vessels (whether boats, barges, or other) used for the transport of any commodities whatever upon any canal or navigable river. (3.) A justice of the peace, on demand by an officer of the portion of His Majesty's forces mentioned in a requisition of emergency, or by an officer of a Secretary of State authorised in this behalf, and on production of the requisition, shall issue his warrant for the provision of such carriages, animals, and vessels as are stated by the officer producing the requisition of emergency to be required for the purpose mentioned in the requisition; the warrant shall be executed in the like manner, and all the provisions of this Act as to the provision or furnishing of carriages and animals, including those respecting fines on officers, non-commissioned officers, justices, constables, or owners of carriages or animals, shall apply in like manner as in the case where a justice issues, in pursuance of the foregoing provisions of this Act, a warrant for the provision of carriages and animals, and shall apply to vessels as if the expression carriages included vessels. (4.) A Secretary of State shall cause due payment to be made for carriages, animals, and vessels furnished in pursuance of this section, and any difference respecting the amount of payment for any carriage, animal, or vessel shall be determined by a county court judge having jurisdiction in any place in which such carriage, animal, or vessel was furnished or through which it travelled in pursuance of the requisition. (5.) Canal, river, or lock tolls are hereby declared not to be demandable for vessels while employed in any service in pursuance of this section or returning therefrom. And any toll collector who demands or receives toll in contravention of this exemption, shall, on summary conviction, be liable to a fine not exceeding five pounds nor less than ten shillings. (6.) A requisition of emergency, purporting to be issued in pursuance of this section, and to be signed by an officer therein stated to be authorised in accordance with this section, shall be evidence, until the contrary is proved, of its being duly issued and signed in pursuance of this Act, and if delivered to an officer of His Majesty's forces or of a Secretary of State shall be a sufficient authority to such officer to demand carriages, animals, and vessels in pursuance of this section, and when produced by such officer shall be conclusive evidence to a justice and constable of the authority of such officer to demand carriages, animals, and vessels in accordance with such requisition; and it shall be lawful to convey on such carriages, animals, and vessels, not only the 115-116. baggage, provisions, and military stores of the troops mentioned in Part III. the requisition of emergency, but also the officers, soldiers, servants, women, children, and other persons of and belonging to the same. | (7.) Whenever a proclamation ordering the Army Reserve to be called out on permanent service or an order for the embodiment of the militia is in force, the order of His Majesty authorising an officer to issue a requisition of emergency may authorise him to extend such requisition to the provision of carriages, animals, and vessels for the purpose of being purchased, as well as of being hired, on behalf of the Crown. (8.) Where a justice on demand by an officer and on production of a requisition of emergency, has issued his warrant for the provision of any carriages, animals, or vessels, and any person ordered in pursuance of such warrant to furnish a carriage,. animal, or vessel refuses or neglects to furnish the same according to the order, then, if a proclamation ordering the Army Reserve to be called out on permanent service or an order for the embodiment of the militia is in force, the said officer may seize (and if need be by force) the said carriage, animal, or vessel, and may use the same in like manner as if it had been furnished in pursuance of the order, but the said person shall be entitled to payment for the same in like manner as if he had duly furnished the same according to the order. NOTE. Carriages and horses of every description and barges and other vessels used in inland navigation may under this section be impressed for any military purposes mentioned in the requisition signed by the general or field officer in command; and may therefore be impressed for the conveyance of persons as well as of baggage. The expression "horses" includes mules and other beasts of burden or draught, s. 190 (40). Sub-section (4). County Court Judge. For definition as respects Scotland and Ireland, see s. 190 (37). Sub-section (6). The requisition of emergency is made to prove itself, so to speak; see note to s. 103. Sub-sections (7) and (8) were added by the National Defence Act, 1888 (51 & 52 Vict. c. 31). Offences in relation to the Impressment of Carriages, 116. Any constable who constables. (1.) Neglects or refuses to execute any warrant of a justice offences by whatsoever to excuse or relieve any person from being (3.) Orders any carriage, animal, or vessel to be furnished for any (M.L.) 2A2 Part III. shall, on summary conviction, be liable to a fine of not less than twenty shillings nor more than twenty pounds. SS. 116-119. Offences by persons ordered to furnish carriages, animals, or vessels. Offences by officers or soldiers. Application to court of summary jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, &c. NOTE. On summary conviction. See ss. 166-168. 117. A person ordered by any constable in pursuance of this Act to furnish a carriage, animal, or vessel who (1.) Refuses or neglects to furnish the same according to the orders of such constable and this Act; or (2.) Gives or agrees to give to a constable or to any officer or non-commissioned officer any money or reward whatsoever to be excused from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing, or in lieu of furnishing, any carriage, animal, or vessel in pursuance of this Act; or (3.) Does any act or thing by which the execution of any warrant or order for providing or furnishing carriages, animals, or vessels is hindered, shall, on summary conviction, be liable to pay a fine of not less than forty shillings nor more than ten pounds. NOTE. On summary conviction. See ss. 166-168. 118. (1.) Any officer or soldier who commits any offence in relation to the impressment of carriages for which he is liable to be punished under Part I of this Act, other than an offence in respect of which any other remedy is given by this Part of this Act to the person aggrieved, shall, on summary conviction, be liable to a fine not exceeding fifty pounds nor less than forty shillings. (2.) A certificate of a conviction for an offence under this section shall be transmitted by the court making such conviction to a Secretary of State. NOTE. This section punishes with a fine on summary conviction (ss. 166-168) the offences committed by officers and soldiers in respect of impressment of carriages, which are made military offences by s. 31, except those for which compensation can be recovered through a court of summary jurisdiction, under s. 119. See also s. 162. For definition of court of summary jurisdiction, see s. 190 (35). Supplemental Provisions as to Billeting and Impressment 119. (1.) The following persons, that is to say, (a.) If any officer or soldier fails to comply with the provisions of this part of this Act with respect to the payment of a sum due to a keeper of a victualling house or in respect of carriages or animals, or to the making up of an account of the sum due, the person to whom the sum is due; or 88. (b.) If a keeper of a victualling house suffers any ill-treatment Part III. by violence, extortion, or making disturbance in billets from any officer or soldier billeted upon him, or if the 119-120. owner or driver of any carriage, animal, or vessel furnished in pursuance of this part of this Act suffers any illtreatment from any officer or soldier, the person suffering such ill-treatment, but, when there is an officer commanding such officer or soldier present at the place, only after first making due complaint, if practicable, to such commanding officer, may apply to a court of summary jurisdiction, and such court, if satisfied on oath of such failure or such ill-treatment, and of the amount fairly due to the applicant, including the costs of his application to the court of summary jurisdiction, shall certify the same to a Secretary of State, who shall forthwith cause the amount due to be paid. (2.) Provided that the Secretary of State, if it appears to him that the amount named in such certificate is not justly due, or is in excess of the amount justly due, may direct a complaint to be made to a court of summary jurisdiction for the county, borough, or place for which the court giving the certificate acted, and the court after hearing the case may by order confirm the said certificate, or vary it in such manner as to the court seems just. NOTE. This section allows an innkeeper or owner of an impressed carriage aggrieved by the non-payment of a sum due to him, or by ill-treatment on the part of an officer or soldier, on failure to obtain redress from the commanding officer, to apply to a court of summary jurisdiction, who may certify to the Secretary of State the amount which should be paid. For definition of court of summary jurisdiction, see s. 190 (35). as to authorities, 120. (1.) A constable shall observe the directions given to him Provisions for the due execution of this part of this Act by the police authority; constables, and the police authority, or any member thereof, and every justice police of the peace may, if it seem necessary, and in the absence of a and justices. constable shall, themselves or himself, exercise the powers and perform the duties by this Part of this Act vested in or imposed on a constable, and in such case every such person is in this Part of this Act included in the expression "constable." (2.) A person having or executing any military office or commission in any part of the United Kingdom shall not, directly or indirectly, be concerned, as a justice or constable, in the billeting of or appointing quarters for any officer or soldier or horse of the corps, or part of a corps, under his immediate command, and all warrants, acts, and things made, done and appointed by such person for or concerning the same shall be void. NOTE. Sub-section (1). Police authority. See definition in s. 190 (39). The duty of billeting is thrown by this Act on the police, as successors |