Defence Forces (Temporary Provisions) Act, 1923

Annual list of persons liable to supply carriages and animals.

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.