Defence Forces (Temporary Provisions) Act, 1923

Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc.

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.