penalty to which he may be subject, be deemed guilty of an offence against this Act, and be liable to a penalty not exceeding forty shillings. He may also be prevented by force from going on, or be removed by force from, any such lands as aforesaid.

For the purposes of this section, a warning not to go on lands or to depart from lands may be given by any sentinel or other person belonging to the forces, or by any constable, and in the case of enclosed lands every stranger not having such permission as aforesaid shall be deemed to have been warned not to go upon such lands, and be punishable accordingly.

Any constable may take possession of any horse or carriage with which any stranger is trespassing, and may remove the same from any lands on which it is found; and no compensation shall be payable in respect of any damage which may accrue to any such horse or carriage by reason of such removal, which is not caused by the wilful act or neglect of the constable removing the same.

If any person without due authority moves any flag or other mark distinguishing any lands, or obstructs or interferes with the movements of the forces, or cuts or damages any telegraph wire laid down by or for the use of the forces, he shall be guilty of an offence against this Act, and be liable to a penalty not exceeding five pounds.

If any person, without the special permission in writing of the officer in command of the forces, or of some officer deputed by him, enters on any lands for the time being directed to be kept clear, or within the lines of any encampment belonging to the forces, he shall be guilty of an offence against this Act, and be liable to a penalty not exceeding forty shillings; and may, if he refuses to go, be removed by force from any lands on which he has so entered.

Any person charged with committing any offence against this Act may be taken into custody without warrant by any constable or person authorised by this Act to act as a constable, and may be detained until he can be brought before a special magistrate and be dealt with according to law: Provided that no person shall be detained for more than six hours under the powers of this section without being brought before a special magistrate.

Any constable or person authorised by this Act to act as a constable using force in cases in which force is by this section permitted to be used shall be indemnified from all consequences which may result from such user of force.

Any two justices of the peace belonging to the petty sessional division in which is situate any place where encampments or manœuvres are about to take place, or any special magistrate accompanying a body of troops, may, upon the requisition of the superior officer commanding any body of troops forming part of the forces, and with the consent of the owner or occupier of land over which any footpaths or other rights of way (save turnpike roads, main roads, or carriage roads repairable at the expense of the district or parish) exist, temporarily close or divert the same; provided always, that the duration and limits of such stoppage or diversion shall be publicly declared by printed notices twelve hours previously.

The permission of the officer in command of the forces, or of some officer deputed by him, shall, for the purposes of this section, be signified by a document written or printed, or partly written and partly printed, and authenticated in such manner as may be directed by the said Secretary of State.

8. The said Secretary of State, with the consent of the authority Constables to having power to dispose of the services of any constables, may, for repression be appointed by order under his hand, appoint such constables, or any of them, of offences to act as constables within the limits of this Act; and every against Act. constable so appointed shall, within the limits of this Act, have all such powers, privileges, and immunities, and be liable to all such responsibilities, as any constable duly appointed has within his constablewick, by virtue of the common law of the realm, or of any Act of Parliament for the time being in force.

Any person belonging to the forces may, when called upon by any constable, assist such constable in performing any duty imposed upon him by this Act, or may, when directed by his commanding officer, act as a constable in respect of any offence against this Act; and any person so assisting or directed to act shall, during the performance of such duty, have the same powers, privileges, and immunities as a constable appointed by the said Secretary of State to act within the limits of this Act.

punishment of

9. The said Secretary of State may, by order under his hand, Justices to be appoint any county justice or justices, having jurisdiction within appointed for the limits of this Act, or any part of such limits, with his or their offences consent, to attend, for any time named in such order, the forces or against Act. any portion of such forces; and any justice so appointed, in this Act referred to as a special magistrate, shall, during the time so named, have jurisdiction, as a justice of the peace, to punish any offence against this Act, by whomsoever committed, within the limits of this Act, and any offence by any other Act punishable upon summary conviction, and committed by any stranger.

Any power by this Act given to a special magistrate may be exercised by any two or more special magistrates.

Any special magistrate may try any case in the open air, or in any other place which he may think convenient, and if the offence be committed in view of such magistrate he may punish the offender without any further evidence. An information in writing shall not be required in respect of any offence triable by any special magistrate.

Where the special magistrate determines that compensation is to be paid by any offender for any damage caused by him to lands, such magistrate shall order such compensation to be paid to the person entitled to receive such compensation, and shall, for the purpose of determining the person so entitled, and the amount of compensation payable, but subject to the appeal herein-after mentioned, have all the powers by this Act given to the court of arbitration, and the magistrate making such order shall certify the same to the compensation officer, and the amount so paid shall be taken into consideration in considering any further claim to compensation in respect of the damage so committed.

Where any person is guilty of an offence against this Act at a place where the forces, or any portion of them, are exercising or [No. 2. Price 2d.]

B

Evidence of orders and regulations.

encamping, the special magistrate before whom such offence is tried may, if he thinks fit, instead of subjecting the offender to any other penalty, commit him to the custody of any constable or constables, and direct him to be detained by such constable or constables, either on the field, or at any convenient spot, for any period not exceeding six hours; and such order of commitment shall be valid without any preliminary written proceedings, provided that the special magistrate is satisfied that the offender has been guilty of the offence in respect of which he is committed to custody.

Subject as aforesaid, any offence triable under this Act by any special magistrate shall be prosecuted, as nearly as may be, in manner directed by the Summary Jurisdiction Acts.

No order made, or warrant issued, or other act or thing done, in pursuance of this Act, by a special magistrate, shall be impeached on the ground of any defect in the jurisdiction of such magistrate, unless the objection to such jurisdiction is made at the time of the making or issue of such order or warrant, or the doing of such act or thing.

Where a special magistrate under this Act awards, by way of compensation for any damage done to lands, any sum exceeding five pounds, any person aggrieved by the decision of such magistrate may, upon giving security for costs to the satisfaction of the magistrate, appeal to the next practicable court of general or quarter sessions holden for the county in which the cause of appeal has arisen, and such court may, upon the hearing of the appeal, confirm, reverse, or modify the decision of the special magistrate, or make such other order in the matter as the court thinks just.

Offences against this Act shall be triable only by a special magistrate, but, subject as aforesaid, nothing in this section contained shall affect any jurisdiction which the justices of the county in which any offence may be committed would have had if this Act had not passed.

10. Evidence of any order or regulation made by or on behalf of the consultative commission, either alone or in conjunction with the officer in command of the forces, or any officer deputed by him, may be given in all legal proceedings whatever by the production of a copy purporting to be certified to be a true copy by any member of such commission, and notice of any order or regulation made as aforesaid may be served on any person personally or by leaving a copy of such notice at his usual place of

abode.

No proof shall be required of the handwriting or official position of any person certifying in pursuance of this section to the truth of a copy of any such order or regulation.

Any order or regulation of which evidence is given in pursuance of this Act shall, until the contrary is proved, be deemed to have been duly made.

Evidence of any rule or proceeding of the consultative commission, or of any member thereof, not including such order or regulation as aforesaid, may be given in all legal proceedings whatever by the production of a certificate under the hands of

any two or more members of the commission declaring such rule to have been made, or proceeding to have taken place.

Evidence of any permission given or order made by or on behalf of the officer in command of the forces acting within the limits of the Act, or any officer deputed by him, may be given in all legal proceedings whatever by the production of a copy purporting to be certified to be a true copy by the officer in command of the forces, or any officer from time to time deputed by him to certify the same.

Definitions.

11. In this Act, if not inconsistent with the context, the following Definitions. expressions have the meanings herein-after respectively assigned to them; that is to say,

The expression "forces to which this Act applies" or "the forces" means and includes all such regular troops, militia, yeomanry, volunteers, licensed sutlers, and followers in or of any of the said forces, as are for the time being assembled within the limits of this Act during the present summer for the purposes of military instruction, and are subject to military law within the meaning of the Army Act, 1881; it shall also include any police attached to the said forces or to any part of such forces, but not so as to subject such police to such military law:

The officer commanding the forces, or any officer or officers deputed by him, may from time to time grant licences to persons applying for the same authorising such persons to act as licensed sutlers in the said forces, or to be followers of the said forces, and may from time to time revoke any licences so granted:

Every holder of any licence as a sutler or follower shall be deemed to be a person subject to military law within the

meaning of the Army Act, 1881, and shall be subject to such 44 & 45 Vict. law as a soldier, unless by the terms of his licence he is c. 58. entitled to be treated on the footing of an officer:

forces" or

Any licences granted in pursuance of this section shall be in such form and authenticated in such manner as may be prescribed by the said Secretary of State, and shall declare the fact that the person thereby licensed is subject to military law within the meaning of the Army Act, 1881: The expression strangers accompanying the "strangers or "stranger means all such persons or any such person as may for the time being be attending on or accompanying the forces to which this Act applies, for the purpose of trading, amusement, or any other purposes whatever, and are not or is not subject to military law within the meaning of the Army Act, 1881, but shall not include any owner or occupier of lands when on the lands owned or occupied by him:

The expression "damage to lands" includes damage to trees, underwoods, crops, animals, or other property on such lands, and also any loss or injury that may be sustained by the occupier of any such lands on account of being unable to

Time during

which Act is to remain in

force.

cultivate and sow corn or other seeds on such lands during such occupation and passing over such lands; also any loss or injury sustained by any occupier from shutting up and securing his cattle or sheep in folds or farm yards; also any loss or injury sustained by any person by the damming up of any running stream, or by injury to or exhaustion of any pond or source of water, or by the use of any private or occupation roads; and "lands" includes lands covered by water: The expression "arms, munitions of war, and stores" includes all matters and things required for the use of the forces to whom this Act applies, or any part thereof, and all animals and conveyances used for the conveyance of such matters or things; also all animals used for the food of the forces or any part thereof:

The expression "unenclosed lands" includes any unfenced or
open lands:

The expression "the Treasury" means the Commissioners of Her
Majesty's Treasury.

Duration of Act.

12. This Act, in so far as it relates to the power of the forces to pass over and occupy land, shall remain in force till the first of September next, and no longer, but in so far as it relates to the giving of compensation for damage caused by the passage or occupation of such forces, shall remain in force till the first of June one thousand eight hundred and eighty-three, and no longer.

SCHEDULE.

AREA FORMING LIMITS OF ACT.

For the purposes of this Act, the area therein referred to shall be deemed to be enclosed by a boundary line starting from Odiham, and running in an easterly direction along the high road by Heal and Farnham to Guildford; thence along an imaginary straight line running in a northerly direction to the point where the Staines, Wokingham, and Reading branch railway crosses the river Thames near Staines; thence along an imaginary straight line running in a westerly direction to Wokingham; thence along the high road running between Wokingham and Reading to the point where the said high road crosses the river Loddon; thence along the said river Loddon to Sheep Bridge; thence along the high road, running through Heckfield and Hook to Skewers; thence along a road running in a southerly direction to the point where the said road crosses the Basingstoke canal; thence in an easterly direction along the said Basingstoke canal to North Warnborough ; and thence along the high road to Odiham.

30 & 31 Vict. c. 101.

CHAPTER 11.

An Act to amend the Public Health (Scotland) Act, 1867. [19th June 1882.]

WHEREAS

HEREAS by the Public Health (Scotland) Act, 1867, provision is made by section seventy-six for the formation of special drainage districts, and also by section eighty-nine for the formation of special water supply districts: