The Scots Law Times

11 GEORGE 5, CHAPTER 5.

and on payment of such deposit and on the passing of a proper entry for such goods by the importer, consignee, or agent, the collector shall allow the delivery thereof.

31. In case no such application for a reference is made, such deposit shall be applied in the same manner as if it had originally been paid and received as a payment due under this Act in respect of such goods, and in the case of such application if it shall be determined that the sum so deposited was not the proper sum, but that a less sum was payable, the difference between the deposit and the sum found to be due shall be returned to such importer with interest at the rate of five per cent. per annum for the period during which the sum so paid or returned was deposited, and shall be accepted by such depositor in satisfaction of all claims in respect of the importation of such goods and of all or any damages or expenses incident thereto.

CHAPTER VI.

An Act to curtail the duration of and amend the Coal Mines (Emergency) Act 1920, and for purposes connected therewith. [24th March 1921.1 BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. CURTAILMENT OF DURATION AND AMENDMENT OF ACT. (1) The Coal Mines (Emergency) Act 1920 (10 & 11 Geo. 5, c. 4), as amended by any subsequent enactment, shall, so far as it is limited in duration, continue in force until the thirty-first day of March, nineteen hundred and twenty-one, and no longer, and the expression "the period of the operation of this Act" wherever it occurs in the said Act shall be construed accordingly.

(2) For the purpose of the provisions of the said Act relating to the pooling of profits, the period of the operation of the Act shall be divided into two periods, the one ending on the thirty-first day of December, nineteen hundred and twenty, and the other commencing on the first day of January, nineteen hundred and twenty-one, and the said provisions shall, in relation to each pooling period, have effect as if for references therein to the period of the operation of the Act there were substituted references to the pooling period in question.

(3) If, in either of the said pooling periods, the amount of the aggregate profits of all the undertakings, after such deduction or addition as is mentioned in subsection (2) of section one of the said Act, exceeds the aggregate of the total standards of all the undertakings, no part of the profits in excess of such aggregate shall be distributable amongst the several undertakings; and, accordingly, proviso (i) of subsection (1) of section one of the said Act shall have effect as if the words "plus one-tenth part of such excess" were omitted therefrom.

(4) In relation to the second pooling period, coal levy and coal award shall be calculated with reference to nine-tenths of the standard instead of with reference to the standard as if in paragraph (a) of subsection (1) of section two of the said Act for the words "the standard" wherever they occur in that paragraph there were substituted the words "nine-tenths of the standard."

(5) Paragraphs 2, 3, and 5 of the First Schedule to the Coal Mines (Emergency) Act 1920, and as from the first day of April, nineteen hundred and twenty-one, section three of the Mining Industry Act 1920 (10 & 11 Geo. 5, c. 50) shall be repealed.

2. SHORT TITLE AND CITATION.-This Act may be cited as the Coal Mines (Decontrol) Act 1921, and the Coal Mines (Emergency) Act 1920 and this Act may be cited together as the Coal Mines (Emergency) Acts 1920 and 1921.

CHAPTER VII.

An Act to make provision with respect to the taking of evidence before and the procedure and powers of certain Tribunals of Inquiry. [24th March 1921.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

TRIBUNALS OF INQUIRY (EVIDENCE) ACT 1921.

1. POWERS WITH RESPECT TO THE TAKING OF EVIDENCE, &C., BEFORE CERTAIN TRIBUNALS OF INQUIRY.-(1) Where it has been resolved (whether before or after the commencement of this Act) by both Houses of Parliament that it is expedient that a tribunal be established for inquiring into a definite matter described in the Resolution as of urgent public importance, and in pursuance of the Resolution a tribunal is appointed for the purpose either by His Majesty or a Secretary of State, the instrument by which the tribunal is appointed or any instrument supplemental thereto may provide that this Act shall apply, and in such case the tribunal shall have all such powers, rights, and privileges as are vested in the High Court, or in Scotland the Court of Session, or a judge of either such court, on the occasion of an action in respect of the following matters:

(a) The enforcing the attendance of witnesses and examining them on oath, affirmation, or otherwise;

(b) The compelling the production of documents;

and a summons signed by one or more of the members of the tribunal may be substituted for and shall be equivalent to any formal process capable of being issued in any action for enforcing the attendance of witnesses and compelling the production of documents.

(2) If any person

(a) on being duly summoned as a witness before a tribunal makes default in attending; or

(b) being in attendance as a witness refuses to take an oath legally required by the tribunal to be taken, or to produce any document in his power or control legally required by the tribunal to be produced by him, or to answer any question to which the tribunal may legally require an

answer; or

(c) does any other thing which would, if the tribunal had been a court of law having power to commit for contempt, have been contempt of

that court;

the chairman of the tribunal may certify the offence of that person under his hand to the High Court, or in Scotland the Court of Session, and the court may thereupon. inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court.

(3) A witness before any such tribunal shall be entitled to the same immunities and privileges as if he were a witness before the High Court or the Court of Session. 2. POWERS OF TRIBUNALS AS TO EXCLUSION OF PUBLIC AND GRANTING RIGHT OF AUDIENCE.-A tribunal to which this Act is so applied as aforesaid—

(a) shall not refuse to allow the public or any portion of the public to be present at any of the proceedings of the tribunal unless in the opinion of the tribunal it is in the public interest expedient so to do for reasons connected with the subject matter of the inquiry or the nature of the evidence to be given; and

(b) shall have power to authorise the representation before them of any person appearing to them to be interested to be by counsel or solicitor or otherwise, or to refuse to allow such representation.

3. SHORT TITLE.-This Act may be cited as the Tribunals of Inquiry (Evidence) Act 1921.

CHAPTER VIII.

An Act to make provision for the cessation of the Ministry of Munitions and the Ministry of Shipping. [24th March 1921.]

11 GEORGE 5, CHAPTER 8.

1. PROVISIONS AS TO TRANSFER OF PROPERTY, &C., ON CESSATION OF MINISTRIES. -(1) Any Order in Council made under section six of the Ministry of Munitions Act 1915 (5 & 6 Geo. 5, c. 51), or made under section thirteen of the New Ministries and Secretaries Act 1916 (6 & 7 Geo. 5, c. 68), fixing a date earlier than the termination of a period of twelve months after the conclusion of the present war as the date on which the office of Minister of Munitions and the Ministry of Munitions or the office of Shipping Controller and the Ministry of Shipping are to cease may— (a) vest and transfer or provide for the vesting and transfer in and to any Government department or departments of any property, rights and liabilities held, enjoyed, or incurred by the Minister of Munitions or the Shipping Controller (or by any person who has held the office of Minister of Munitions or Shipping Controller);

(b) provide for the discontinuance of the powers of the Minister of Munitions or the Shipping Controller under the Defence of the Realm Regulations and any other powers;

(c) provide for the transfer to some other Government department or departments (notwithstanding anything in section six of the Ministry of Munitions Act 1915, or section thirteen of the New Ministries and Secretaries Act 1916) of such of the powers or duties of the Minister of Munitions or the Shipping Controller as are not so discontinued as aforesaid; and for the exercise or performance of the powers or duties so transferred by the department or under the direction of the department by any organisation which may be established in manner provided by the Order, and for enabling any such organisation to sue and be sued; and

(d) provide for the Government department to which any such property, rights, liabilities, powers or duties are transferred being deemed in law to be, as respects such property, rights, liabilities, powers or duties, the successor of the Minister of Munitions or the Shipping Controller: Provided that any organisation established under any such Order shall cease to exist not later than the thirty-first day of March, nineteen hundred and twenty-four. (2) Any such order may contain such consequential, incidental, and supplementa! provisions (including provisions as to the transfer of officers) as may appear necessary or proper for the purposes of the Order, and shall have effect as if enacted in this Act, but may be varied by a subsequent Order: Provided that any such subsequent Order shall be laid before both Houses of Parliament as soon as may be after it is made, and, if either House within twenty-one days on which the House has sat next after the Order is so laid presents an address to His Majesty against the Order, His Majesty in Council may revoke the Order without prejudice to anything previously done thereunder.

2. SHORT TITLE.-This Act may be cited as the Ministries of Munitions and Shipping (Cessation) Act 1921.

CHAPTER IX.

An Act to provide, during Twelve Months, for the Discipline and Regulation of the Army and Air Force. [28th April 1921.]

WHEREAS the raising or keeping of a standing army within the United Kingdom of Great Britain and Ireland in time of peace, unless it be with the consent of Parliament, is against law:

And whereas it is adjudged necessary by His Majesty and this present Parliament that a body of land forces should be continued for the safety of the United Kingdom and the defence of the possessions of His Majesty's Crown, and that the whole number of such forces should consist of three hundred and forty-one thousand, including those to be employed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits for service at home and abroad, but exclusive of the numbers actually serving within His Majesty's Indian possessions:

And whereas under the Air Force (Constitution) Act 1917 (7 & 8 Geo. 5, c. 51) His Majesty is entitled to raise and maintain the air force, and it is judged necessary

ARMY AND AIR FORCE (ANNUAL) ACT 1921.

that the whole number of such force should consist of thirty thousand eight hundred and eighty, including those employed as aforesaid, but exclusive of the numbers serving as aforesaid, and the provisions of the Air Force Act are due to expire at the same dates as the provisions of the Army Act:

And whereas it is also judged necessary for the safety of the United Kingdom, and the defence of the possessions of this realm, that a body of Royal Marine forces should be employed in His Majesty's fleet and naval service, under the direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid :

And whereas the said marine forces may frequently be quartered or be on shore, or sent to do duty or be on board transport ships or vessels, merchant ships or vessels, or other ships or vessels, or they may be under other circumstances in which they will not be subject to the laws relating to the government of His Majesty's forces by sea:

And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm; yet, nevertheless, it being requisite, for the retaining all the beforementioned forces, and other persons subject to military law or to the Air Force Act, in their duty, that an exact discipline be observed and that persons belonging to the said forces who mutiny or stir up sedition, or desert His Majesty's service, or are guilty of crimes and offences to the prejudice of good order and military or air force discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow :

And whereas the Army Act (44 & 45 Vict. c. 58) and the Air Force Act will expire in the year one thousand nine hundred and twenty-one on the following days:(a) in the United Kingdom, the Channel Islands, and the Isle of Man, on the thirtieth day of April; and

(b) elsewhere, whether within or without His Majesty's dominions, on the thirtyfirst day of July:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. SHORT TITLE.-This Act may be cited as the Army and Air Force (Annual) Act 1921.

2. ARMY ACT AND AIR FORCE ACT TO BE IN FORCE FOR SPECIFIED TIMES.(1) The Army Act and the Air Force Act shall be and remain in force during the periods hereinafter mentioned, and no longer, unless otherwise provided by Parliament (that is to say):

(a) Within the United Kingdom, the Channel Islands, and the Isle of Man, from the thirtieth day of April, one thousand nine hundred and twenty-one, to the thirtieth day of April, one thousand nine hundred and twenty-two, both inclusive; and

(b) Elsewhere, whether within or without His Majesty's dominions, from the thirty-first day of July, one thousand nine hundred and twenty-one, to the thirty-first day of July, one thousand nine hundred and twenty-two, both inclusive.

(2) The Army Act and the Air Force Act, while in force, shall apply to persons subject to military law or to the Air Force Act, as the case may be, whether within or without His Majesty's dominions.

(3) A person subject to military law or to the Air Force Act shall not be exempted from the provisions of the Army Act or Air Force Act by reason only that the number of the forces for the time being in the service of His Majesty, exclusive of the marine forces, is either greater or less than the numbers hereinbefore mentioned.

3. PRICES IN RESPECT OF BILLETING.-There shall be paid to the keeper of a victualling house for the accommodation provided by him in pursuance of the Army Act or the Air Force Act the prices specified in the Schedule to this Act.

11 GEORGE 5, CHAPTER 9.

AMENDMENTS OF ARMY AND AIR FORCE ACTS.

Part I.-Amendments of Army Act.

4. AMENDMENT OF S. 180.-The following paragraph shall be substituted for paragraph (d) of subsection (2) of section one hundred and eighty of the Army Act:"(d) An officer belonging to His Majesty's Indian Forces who thinks himself wronged by his Commanding Officer, and on due application made to him does not receive the redress to which he may consider himself entitled, may complain to the Governor-General of India, who shall cause his complaint to be enquired into, and if so desired by the officer, make a report through a Secretary of State to His Majesty in order to receive the directions of His Majesty thereon."

Part II.-Amendments of Army Act applicable also to the Air Force Act.

5. AMENDMENT OF S. 18.-In paragraph (4) of section eighteen of the Army Act after the words "regimental institution" there shall be inserted the words "or to the Navy, Army, and Air Force Institutes."

6. AMENDMENT OF SS. 19 AND 46.-(1) In section nineteen of the Army Act (which relates to drunkenness) "five pounds" shall be substituted for "one pound" and at the end of the section the following proviso shall be inserted ::

"Provided that, where the offence of drunkenness is committed by a soldier not on active service or on duty, the sentence imposed shall not exceed detention for a period of six months, with or without the addition of the aforesaid fine." (2) In paragraph (b) of subsection (2) of section forty-six of the Army Act (which relates to the power of a commanding officer to deal with cases of drunkenness) "two pounds" shall be substituted for "ten shillings."

7. AMENDMENT OF S. 46.-Subsection (5) of section forty-six of the Army Act (which relates to the period of detention which may be awarded for absence without leave) shall cease to have effect and shall be omitted.

8. AMENDMENT OF S. 46A.—(1) In subsection (1) of section forty-six A of the Army Act (which relates to the power to deal summarily with charges against officers), after the words "general court-martial" there shall be inserted the words "and any officer (not under the rank of major-general) appointed for the purpose by the Army Council," and the words "or by the Army Council" shall be omitted.

(2) In subsection (2) of section forty-six A after the word "evidence" where that word occurs for the second time, there shall be inserted the words "or, if the accused consents thereto in writing, after reading a summary or abstract of the evidence."

9. AMENDMENTS OF S. 145.-(1) Section one hundred and forty-five of the Army Act (which relates to the liability of a soldier to maintain his wife and children) shali be amended as follows:

(a) in subsection (2) the words from "where the soldier is a warrant officer (Class I.)" to the end of the subsection inclusive shall be omitted, and the following words shall be inserted instead thereof :

"Where the soldier is a warrant officer (Class I. or Class II.) not holding an honorary commission-in respect of a wife or children, four shillings, and in respect of a bastard child, three shillings;

"Where the soldier is a non-commissioned officer who is not below the rank of sergeant-in respect of a wife or children, three shillings, and in respect of a bastard child, two shillings;

"In the case of any other soldier-in respect of a wife or children, two shillings, and in respect of a bastard child, one shilling and sixpence.' (b) The following subsection shall be inserted after subsection (3):

"(4) Where any arrears have accumulated in respect of sums adjudged to be paid by any such order or decree as aforesaid whilst the person against whom the order or decree was made was serving as a soldier of the regular forces, whether or not deductions in respect thereof have been made from his pay under this section, then after he has ceased so

« Previous Continue »

Books