CHAPTER VI.

Billeting and Impressment of Carriages. Billeting of Officers, Soldiers and Horses.

166. —(1) Save as authorised by this Act no officer, soldier or horse shall be billeted on any inhabitant of Saorstát Eireann without his consent.

(2) All statutes and laws authorising, prohibiting or regulating the billeting of officers, soldiers or horses which are in force at the passing of this Act are hereby repealed.

167. —(1) Every constable for the time being in charge of any place mentioned in the route issued to the Commanding Officer of any portion of the Forces, shall on the demand of such Commanding Officer, or of an officer or soldier authorised by him, and on production of such route, billet on the occupiers of victualling houses and other premises specified in this Act as victualling houses in that place such number of officers, soldiers and horses entitled under this Act to be billeted as are stated in the route to require quarters.

(2) A route for the purpose of this Part of this Act shall be issued under the authority of the Minister, and shall state the forces to be moved in pursuance of the route, and that statement shall be signed by the Minister or such officer as the Minister may from time to time order in that behalf.

(3) A route purporting to be issued and signed as required by this Section shall be evidence until the contrary is proved of its having been duly issued and signed in pursuance of this Act, and if delivered to an officer or soldier by his Commanding Officer, shall be a sufficient authority to such officer or soldier to demand billets, and when produced by an officer or soldier to a constable shall be conclusive evidence to such constable of the authority of the officer or soldier producing the same to demand billets in accordance with such route.

168. —(1) Officers, soldiers, and horses may be billeted in any victualling house as defined by this Section, but shall not be billeted in any other house without the consent of the keeper of that house.

(2) In this Act the expression “victualling house” means and includes—

(a) All inns and hotels whether licensed or not;

(b) All livery stables;

(c) All premises licensed for the consumption of wine or spirits on the premises.

169. —The officers, soldiers and horses entitled to be billeted under this Act are:—

(a) All officers and soldiers of the Forces

(b) All horses belonging to the Forces.

(c) All horses belonging to an officer of the Forces for which forage is for the time being allowed by regulations to be made by the Minister.

170. —(1) The keeper of a victualling house upon whom any officer, soldier or horse is billeted, shall receive such officer, soldier or horse in his victualling house and furnish there the accommodation following:—that is to say, lodging and attendance and food for the officer or soldier, and stable room and forage for the horse, in accordance with the provisions of the Fifth Schedule to this Act.

(2) Where the keeper of a victualling house on whom any officer, soldier or horse is billeted, desires by reason of his want of accommodation or of his victualling house being full, or otherwise, to be relieved from the liability to receive such officer, soldier or horse in his victualling house, and provides for such officer, soldier, or horse, in the immediate neighbourhood such good and sufficient accommodation as he is required by this Act to provide, and as is approved by the constable issuing the billets, he shall be relieved from providing the same in his victualling house.

(3) (a) There shall be paid to the keeper of a victualling house for the accommodation furnished by him in pursuance of this Act the prices for the time being fixed by regulations made by the Minister with the consent of the Minister for Finance.

(b) Any regulations as to prices so made shall be laid before each House of the Oireachtas as soon as may be after they are made, and if within forty days after they have been so laid either House passes a resolution requesting the Executive Council to annul such regulations, the Executive Council may annul such regulations and the regulations so annulled shall thenceforth become void without prejudice to anything done thereunder in the meantime.

(4) An officer or soldier demanding billets in pursuance of this Act shall, before he departs, and if he remains longer than four days, at least once in every four days, pay the just demands of every keeper of a victualling house on whom he and any officers and soldiers under his command, and his or their horses (if any) have been billeted.

(5) If by reason of a sudden order to march or otherwise, an officer or soldier is not able to make such payment to any keeper of a victualling house as is above required, he shall, before he departs, make up with such keeper of such victualling house an account of the amount due to him, and sign the same, and forthwith transmit the account so signed to the Minister, who shall forthwith cause the amount named in such account as due to be paid.

171. —(1) The police authority for any place may cause annually a list to be made out of all keepers of victualling houses within the meaning of this Act, in such place or any particular part thereof, liable to billets under this Act, specifying the situation and character of such victualling house, and the number of soldiers and horses who may be billeted on the keeper thereof.

(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 receive an undue proportion of officers, soldiers, or horses, 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.

172. —The following regulations shall be observed with respect to billeting in pursuance of this Act; that is to say:—

(1) No more billets shall at any time be ordered than there are effective officers, soldiers and horses, present to be billeted.

(2) All billets, when made out by the constable, shall be delivered into the hands of the Commanding Officer or non-commissioned officer who demanded the billets or of some officer authorised by such Commanding Officer.

(3) If a keeper of a victualling house feels aggrieved by having an undue proportion of officers, soldiers or horses billeted on him, he may apply to a Peace Commissioner, or if the billets have been made out by a Peace Commissioner, he may complain to a Court of Summary Jurisdiction, and the Peace Commissioner or Court may order such officers or soldiers or horses to be removed and to be billeted elsewhere, as may seem just;

(4) A constable having authority in a place mentioned in the route may act for the purposes of billeting in any locality within one mile from such place, unless some constable ordinarily having authority in such locality is present and undertakes to billet therein the due proportion of officers, soldiers and horses.

(5) The regulations with respect to billets contained in the Fifth Schedule to this Act shall be duly observed by the constable.

(6) A Peace Commissioner on the request of an officer or non-commissioned officer authorised to demand billets may vary a route by adding a place or omitting any place, and also may direct billets to be given above one mile from a place mentioned in the route.

(7) A Peace Commissioner may require a constable to give an account, in writing, of the number of officers, soldiers and horses billeted by such constable, together with the names of the keepers of victualling houses on whom such officers, soldiers and horses are billeted, and the locality of such victualling houses.

173. —(1) The Executive Council may at any time or times by order declare that a state of emergency exists in Saorstát Eireann, or in any parts or part (to be specified in such order) thereof and may by the same order authorise any officer, not below the rank of Commandant, to be named in such order commanding any part of the Forces in any part of Saorstát Eireann in which a state of emergency is by such order declared to exist, to issue a billeting requisition under this Section.

(2) Any officer so authorised may issue a billeting requisition under his hand reciting the said order and requiring the chief officer of police to provide billets in such places and for such number of officers, soldiers, and their horses and for such period, as may be specified in the requisition.

(3) The provisions of this Act as to billeting shall apply to billeting under such a requisition as if for reference therein to a route there were substituted reference to such a requisition, subject, however, to the following modifications:—

(a) The occupiers of all public buildings, dwellinghouses, warehouses, barns, and stables shall, as well as the keepers of victualling houses, be liable to billets and the said provisions shall apply as if references to victualling houses and the keepers of victualling houses, included references to such public buildings, dwellinghouses, warehouses, barns and stables and the occupiers thereof;

(b) The powers and duties conferred or imposed on a constable shall be exercised and performed by the chief officer of police, and accordingly for references to a constable in the said provisions, there shall be substituted references to the chief officer of police and for the reference to a Peace Commissioner in sub-section (7) of Section one hundred and seventy-two there shall be substituted a reference to a Court of Summary Jurisdiction, but a chief officer of police in selecting the persons required to provide billets, and in determining the number of officers and soldiers to be billeted on any person shall, so far as practicable have regard to the convenience of the several occupiers;

(c) The prices to be paid to an occupier other than the keeper of a victualling house for accommodation furnished, and food and fodder supplied by him, shall be such as may be fixed by regulations made by the Minister with the consent of the Minister for Finance; and

(d) Sub-section two of Section one hundred and sixty-seven (which defines a route), paragraph (6) of Section one hundred and seventy-two (which relates to the power of a Peace Commissioner to vary a route), and so much of paragraph two of Part I. of the Fifth Schedule to this Act as limits the period during which meals are required to be furnished, and paragraph (2) of Part II. of that Schedule (which requires billets to be made out to the less distant victualling houses), shall not apply.

(4) Any regulations as to prices so made shall be laid before each House of the Oireachtas as soon as may be after they are made, and if within forty days after they have been so laid either House passes a resolution requesting the Executive Council to annul such regulations, the Executive Council may annul such regulations and the regulations so annulled shall thenceforth become void without prejudice to anything done thereunder in the meantime.

(5) For the purpose of this Section—

The expression “public building” includes any building wholly or partially provided or maintained out of the rates, and any building to which the public habitually have access, whether on payment or otherwise.

The expression “chief officer of police” as respects the police district of Dublin metropolis, means the Chief Commissioner of Police for that district, and elsewhere means a Superintendent of the Civic Guard.

In the case of unoccupied premises this Section shall apply as if the owner were the occupier thereof.

(6) Compensation shall be paid by the Minister out of money voted by the Oireachtas for defence services in respect of any damage caused by any officer or soldier billeted under this Section to the premises in which he is billeted, and the amount of such compensation shall in the event of disagreement be determined by arbitration under the Common Law Procedure Amendment Act (Ireland), 1856, as amended by any subsequent enactment.

(7) The provisions of this Act as to billeting shall, whilst any order from the Executive Council under this Section is in force, apply to women who are enrolled for employment by the Minister as they apply to soldiers; and for the purpose of these provisions as so applied, officers of any troops with whom the women to be billeted are employed and the officer commanding those troops shall be deemed in relation to such women to be their officers and officer commanding, and if any such woman is guilty of an offence in relation to billeting mentioned in section fifty-eight of this Act, she shall be punishable on summary conviction in manner provided by sub-section (2) of Section one hundred and seventy-six of this Act.

Offences in Relation to Billeting.

174. —If any constable commits any of the offences following, that is to say:—

(1) Billets any officer, soldier or horse on any person not liable to billets without the consent of such person; or

(2) Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve a person from being entered in a list as liable, or from his liability to billets, or from any part of such liability; or

(3) Billets or quarters on any person or premises, without the consent of such person or the occupier of such premises, any person or horse not entitled to be billeted; or

(4) Neglects or refuses after sufficient notice is given, to give billets demanded for any officer, soldier or horse entitled to be billeted,

he shall, on summary conviction, be liable to a fine of not less than forty shillings and not exceeding ten pounds.

175. —If a keeper of a victualling house commits any of the offences following, that is to say:—

(1) Refuses or neglects to receive any officer, soldier or horse billeted upon him in pursuance of this Act, or to furnish such accommodation as is required by this Act; or

(2) Gives or agrees to give any money or reward to a constable to excuse or relieve him from his liability to billets, or any part of such liability; or

(3) Gives or agrees to give to any officer or soldier billeted upon him in pursuance of this Act, any money or reward in lieu of receiving an officer, soldier, or horse, or furnishing the said accommodation,

he shall, on summary conviction, be liable to a fine of not less than forty shillings and not exceeding five pounds.

176. —(1) If any officer quarters or causes to be billeted any officer, soldier or horse, otherwise than is allowed by this Act upon any person, he shall be guilty of a misdemeanour.

(2) If any officer or soldier commits any offence in relation to billeting for which he is liable to be punished under Part II., Chapter 1 of this Act, other than an offence in respect of which any other remedy is given by this Chapter of this Part of this Act to the person aggrieved, he shall, upon summary conviction, be liable to a fine not exceeding fifty pounds.

(3) A certificate of a conviction for an offence under this Section shall be transmitted by the Court making such conviction to the Minister,

Impressment of Carriages, Etc.

177. —(1) Every District Justice or Peace Commissioner in Saorstát Eireann having jurisdiction in any place mentioned in a route issued to the Commanding Officer of any portion of the Forces shall, on the demand of such Commanding Officer, or of an officer or non-commissioned officer authorised by him, and on production of such route issue his warrant requiring some constable having authority in such place, to provide, within a reasonable time to be named in the warrant, such carriages, animals, and drivers as are stated to be required for the purpose of moving the regimental baggage and regimental stores of the Forces mentioned in the route in accordance with the route; and the constable shall execute such warrant, and persons having carriages and animals suitable for the said purpose shall, when ordered by the constable in pursuance of such warrant, furnish the same in a state fit for use for the aforesaid purposes.

(2) The route, for the purpose of this Section, shall be such route as is mentioned in the foregoing provisions of this Chapter of this Part of this Act with respect to billeting.

(3) A route purporting to be issued and signed as required by these provisions, if delivered to an officer or non-commissioned officer, by his Commanding Officer, shall be a sufficient authority to such officer or non-commissioned officer to demand carriages and animals in pursuance of this Act, and when produced by an officer or a non-commissioned officer, shall be conclusive evidence to a District Justice, Peace Commissioner and a constable of the authority of the officer or non-commissioned officer producing the same to demand carriages and animals in accordance with such route.

(4) The warrant ordering carriages, animals and drivers, to be provided shall specify the number and description of the carriages, and animals, and also the places from and to which the same are to travel, and the distance between such places.

(5) When sufficient carriages or animals cannot be procured within the jurisdiction of the said District Justice or Peace Commissioner, any District Justice or Peace Commissioner having jurisdiction in the next adjoining place shall, by a like course of procedure, supply the deficiency.

(6) A fee of one shilling, and no more, shall be paid for the warrant by the officer or non-commissioned officer applying for the same, and shall be paid to the District Court Clerk.

178. —(1) There shall be paid in respect of the carriages furnished in pursuance of this Part of this Act, the rates specified in the Sixth Schedule to this Act and the regulations contained in that Schedule shall be duly observed.

(2) The officer or non-commissioned officer who demands carriages or animals in pursuance of this Part of this Act shall pay the sum due in respect of the same to the owners or drivers of the carriages or animals and one third part of such payment shall in each case, if required, be made before the carriage is loaded, and such payments shall be made, if required, in the presence of a Peace Commissioner or constable.

(3) If an officer or non-commissioned officer is from any cause unable to pay the amount due to the owner or driver of any motor vehicle, 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 the Minister, who shall forthwith cause the amount named therein to be paid to such owner or driver.

179. —(1) The authority hereinafter mentioned for any place may cause annually a list to be made out of all persons in such place, or any particular part thereof, liable to furnish carriages and animals under this Act, and of the number and description of the carriages and animals of such persons; and where a list is so made, any District Justice or Peace Commissioner 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) For the purpose of assisting the authority hereinafter mentioned in the preparation of such list as aforesaid, any proper officer authorised in that behalf by the authority shall be entitled at all reasonable times to enter any premises in which he has reason to believe that any carriages or animals are kept, and to inspect any carriages or animals which may be found therein.

In this provision the expression “proper officer” means any officer or person of such rank or class or description as may be specified in an order of the Minister made for the purpose.

(3) With respect to horses, the following provisions shall have effect:—

(a) It shall be the duty of the owner of any horse, and the occupier of any premises where horses are kept, to furnish, if so required, to the authority hereinafter mentioned, before such date in each year as may be prescribed, a return specifying the number of horses belonging to him or kept on his premises, and giving with respect to every horse such details as may be so prescribed; he shall also afford all reasonable facilities for enabling any horse belonging to him or kept on his premises to be inspected and examined as and when required by the said authorities; if any person fails to comply with any of the requirements of this paragraph, he shall be liable on summary conviction for each offence to a fine not exceeding fifty pounds.

(b) The Minister may for the purposes of this sub-section make regulations prescribing anything which under this sub-section is to be prescribed, and prescribing the forms to be used, and generally for the purpose of carrying this sub-section into effect.

(c) Regulations made by the Minister may provide for excepting from the provisions of this sub-section horses of any class or description specified in the regulations.

(4) The authority hereinafter mentioned 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.

(5) All orders given by constables for furnishing carriages and animals shall as far as possible, be made from such list in regular rotation.

(6) If any officer is obstructed in the exercise of his powers under this Section, a District Justice or Peace Commissioner may, if satisfied by information on oath, that the officer has been so obstructed, issue a search warrant authorising the constable named therein, accompanied by the officer to enter the premises in respect of which the obstruction took place at any time between 6 o'clock in the morning and 9 o'clock in the evening, and to inspect any motor vehicles, carriages or animals that may be found therein.

(7) The authority for the purpose of this Section shall be the Minister or any authority or persons to whom the Minister may delegate his powers under this Section.

180. —(1) The Executive Council may at any time or times by order under their hand declare that a state of emergency exists in Saorstát Eireann, or in any part or parts (to be specified in such order) thereof, and may by the same order authorise any officer not below the rank of Commandant (to be named in such order) commanding any part of the Forces in any part of Saorstát Eireann in which a state of emergency is by such order declared to exist to issue a requisition under this Section (hereinafter referred to as a requisition of emergency).

(2) Any officer so authorised may issue a requisition of emergency under his hand reciting the said order, and requiring District Justices or Peace Commissioners 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, including motor cars or other locomotives whether for the purpose of carriage or haulage, and of horses of every description, whether kept for saddle or draft, and also of vessels (whether boats, barges, or other) used for the transport of any commodities whatsoever upon any canal or navigable river, and also of aircraft of every description, and also of food, forage, and stores of every description.

(3) A District Justice or Peace Commissioner on demand by an officer of the portion of the Forces mentioned in a requisition of emergency, or by an officer authorised by the Minister in this behalf, and on production of the requisition, shall issue his warrant for the provision of such carriages, animals, vessels, aircraft, food, forage and stores as are stated by the officer producing the requisition of emergency to be required for the purpose mentioned in the requisition, and such warrant shall be executed in 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, District Justices or Peace Commissioners, constables, or owners of motor-vehicles, carriages or animals, shall apply in like manner as in the case where a District Justice or Peace Commissioner issues, in pursuance of the foregoing provisions of this Act, a warrant for the provision of carriages and animals, and shall apply to vessels, aircraft, food, forage and stores, in like manner in all respects as they apply to carriages.

(4) A requisition of emergency may authorise any officer mentioned therein to require any motor vehicles, carriages and horses furnished in pursuance of this Section to be delivered at such place (not being more than one hundred miles in the case of a motor car or other locomotive, and not being more than ten miles in the case of any other carriage or horse, from the premises of the owner) and at such time as may be specified by any officer mentioned in the requisition; and in such case it shall be the duty of a constable executing a warrant issued by a District Justice or Peace Commissioner under this Section upon the demand of any officer producing the requisition of emergency to insert in his order such time and place for delivery of any vehicle or horse to which the order relates as may be specified by such officer, and the obligation of the owners to furnish carriages and horses shall include an obligation to deliver the carriages and horses at such place and time as may be specified in such order; and the provisions of this Act shall have effect as if references therein to the furnishing of carriages and horses included, as respects any such carriage or horse as aforesaid, delivery at such time and place as aforesaid.

(5) The Minister shall cause due payment to be made for articles furnished in pursuance of this Section, and if any difference arises respecting the amount of payment for any article, the amount shall be such as may be fixed by a certificate of a County Court Judge having jurisdiction in any place in which such article was furnished or through which it travelled or was carried in pursuance of the requisition; and for the purpose of fixing such amount the provisions set out in the Eighth Schedule to this Act shall have effect.

Where a sum has been paid or tendered by or on behalf of the Minister under this sub-section, that sum shall be deemed to be the amount due, unless within three weeks from the date of payment or tender an application is made to a County Court Judge for his certificate.

(6) 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.

(7) A requisition of emergency, purported 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 the Forces, shall be a sufficient authority to such officer to demand carriages, animals, vessels, food, forage, and stores in pursuance of this Section, and when produced by such officer shall be conclusive evidence to a District Justice, Peace Commissioner and constable of the authority of such officer to make such demand in accordance with such requisition; and it shall be lawful to convey on such carriages, animals and vessels, not only the baggage, provisions and military stores of the troops mentioned in the requisition of emergency, but also the officers, soldiers, servants, women, children and other persons of and belonging to the same.

(8). Whenever a proclamation ordering the Reserve to be called out on permanent service is in force, the order of the Executive Council authorising an officer to issue a requisition of emergency may authorise him to extend such requisition to the provision of carriages, animals, vessels, aircraft, food, forage, and stores for the purpose of being purchased, as well as of being hired, on behalf of Saorstát Eireann.

(9). Where a District Justice of Peace Commissioner on demand by an officer and on production of a requisition of emergency, has issued his warrant for the provision of any articles, and any person ordered in pursuance of such warrant to furnish any such article refuses or neglects to furnish the same according to the orders; then if a proclamation ordering the Reserve to be called out on permanent service is in force, the said officer may seize (and if need be by force) the article requisitioned, 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.

(10) A requisition of emergency issued under this Section may prohibit, during such period as may be specified in the requisition, the sale and purchase of horses to or by any person other than a person appointed by the Minister to purchase horses; and if any person sells or purchases or is concerned in the sale or purchase of a horse in contravention of such prohibition, he shall be liable, on summary conviction, to a fine not exceeding one hundred pounds, or to be imprisoned for a term not exceeding three months, or to both such imprisonment and fine.

Offences in Relation to the Impressment of Carriages, &c.

181. —Any constable who—

(1) Neglects or refuses to execute any warrant of a District Justice or Peace Commissioner requiring him to provide carriages, animals, vessels, aircraft, food, forage or stores; or,

(2) Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve any person from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing such article; or,

(3) Orders any such article to be furnished for any person or purpose or on any occasion for and on which it is not required by this Act to be furnished,

shall, on summary conviction, be liable to a fine of not less than twenty shillings nor more than twenty pounds.

182. —A person ordered by a constable in pursuance of this Act to furnish any article 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 article 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 any article is hindered,

shall, on summary conviction, be liable to pay a fine of not less than forty shillings nor more than ten pounds.

183. —(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 II., Chapter 1, of this Act, other than an offence in respect of which any other remedy is given by this Chapter of 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 the Minister.

Supplemental Provisions as to Billeting and Impressment of Carriages.

184. —(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 motor vehicles, carriages, or animals, or to the making up of an account of the sum due, the person to whom the sum is due; or,

(b) If a keeper of a victualling house suffers any ill-treatment by violence, extortion or making disturbance in billets from any officer or soldier billeted upon him, or if the owner of any article or the person in charge of any carriage, animal, vessel or aircraft, furnished in pursuance of this Part of this Act, suffers any ill-treatment, 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 such amount to the Minister, who shall forthwith cause the amount due to be paid.

(2) Provided that the Minister, if it appears to him that the amount 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.

185. —A constable shall observe the directions given to him for the due execution of this Part of this Act by the police authority; and the police authority, and every Peace Commissioner may, if it seems necessary, and in the absence of a constable shall, 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.”

186. —If any person—

(1) Forges or counterfeits any route or requisition of emergency, or knowingly produces to a District Justice, Peace Commissioner or constable any route or requisition of emergency so forged or counterfeited; or,

(2) Personates or represents himself to be an officer or soldier authorised to demand any billet, or any carriage, animal, vessel, aircraft, food, forage, or stores, or to be entitled to be billeted, or have his horse billeted, or personates or represents himself to be a person authorised to act in the purchase or hire for the purpose of the military service of Saorstát Eireann, of any carriage, animal, vessel, aircraft, food, forage or stores; or,

(3) Produces to a District Justice or a Peace Commissioner or constable a route or requisition which he is not authorised to produce, or a document falsely purporting to be a route or requisition;

he shall be liable, on summary conviction, to imprisonment for a period not exceeding three months, with or without hard labour, or to a fine of not less than twenty shillings and not more than five pounds.