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Tramways using Road.] See 33 & 34 Vict. c. 78, s. 58, as to composition.
VACCINATION. Justices' Order for Vaccination of Child.] By “The Vaccination 30 & 31 Vict. Act of 1867" (30 & 31 Vict. c. 84) (which with the Act of 1871 is . 84;
34 & 35 Vict. referred to in Note 465, Vol. I. pp. 810, 811), sect. 31, a justice, on the information of the registrar of births, &c. that a child under 14 years of age has not been successfully vaccinated, and the parent disregards the notice to have it done, may summon the parent to appear with the child and make an order directing it to be vaccinated within a certain time (see Note 468, Vol. I. pp. 814, 815). The acts provide a penalty for disobedience of the order as well as for not producing the child, Offences 6, 7, Vol. I. p. 814. [Forms of Information, Summons and Order, Nos. 8—10, Oko's “Formulist,” 6th ed. p. 417.]
VAGRANTS. Search Warrant for.] By 5 Geo. 4, c. 83, s. 13, any justice, upon 5 Geo. 4, information on oath that any person described in the act as an c. 83. offender (see Vol. I. pp. 740—748) is or is reasonably suspected to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, may, by warrant, authorize any constable or other person or persons to enter at
any time into such house, and to apprehend and bring before him or any other justice every such offender as shall be found therein, to be dealt with as directed by the act. [Forms, Nos. 12, 13, pp. 421, 422, Oke's "Formulist,” 6th ed.]
Appointment of Vestry Clerk.] 13 & 14 Vict. c. 57. [Forms, Oke's “Formulist,” 6th ed. pp. 973, 976.]
Vestrymen and Auditors.] 1 & 2 Will. 4, c. 60.
Select Vestries.] Appointment of select vestrymen by one justice. (59 Geo. 3, c. 12, s. 1.)
VOLUNTEER FORCE. “The Volunteer Act, 1863,” 26 & 27 Vict. c. 65 (passed 21st July, 26 & 27 Vict. 1863], repealed by sect. 51 the previous enactments; but this repeal c. 65; was not to "affect the past operation of any such enactment, or any- c. si.
32 & 33 Vict. thing already done, or any right, title, obligation or liability already accrued thereunder, or any remedy or proceeding respecting the same ;” and by sect. 13, the provisions of this act are to apply to
26 & 27 Vict. every corps already formed, “without prejudice to anything already c. 65; 32 & 33 Vict.
done in relation to or by any such corps.” It is amended by " The 0. 81.
Volunteer Act, 1869,” 32 & 33 Vict. c. 81, and they may be cited together as the Volunteer Acts, 1863 and 1869.
Oath to be taken by Officers and volunteers.] By 26 & 27 Vict. c. 65, s. 6, every officer, on receiving his commission, and every volunteer on his enrolment in the muster roll of his corps, or in either case as soon afterwards as may be, is to take the oath in the schedule, to be administered by the lieutenant of the county, a deputy lieutenant, a justice for the county, or an officer of the corps who has taken such oath, viz. :
“I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to her Majesty Queen Victoria, and that I will faithfully serve her Majesty in Great Britain for the defence of the same against all her enemies and opposers whatever according to the conditions of my service."
“The name of the successor of her Majesty Queen Victoria for the time being, with proper words of reference thereto, to be substituted as occasion requires.)"
[Form of Certificate of Oath having been taken, Oke's "Formulist," 6th ed. p. 978, No. 2.]
Appeal to Justices by Volunteer who desires to be struck off Muster Roll.] By 26 & 27 Vict. c. 63, s. 7, “any volunteer may, except when on actual military service, quit his corps, on complying with the following conditions, namely, (1.) Giving to the commanding officer of his corps fourteen days'
notice in writing of his intention to quit the corps: (2.) Delivering up in good order, fair wear and tear only excepted,
all arms, clothing and appointments, being public property
or property of his corps, issued to him : (3.) Paying all money due or becoming due by him, under the
rules of his corps, either before or at the time or by reason
of his quitting it: And thereupon he shall be struck out of the muster roll of the corps by the commanding officer. If any volunteer give such notice, and the commanding officer refuses to strike him out of the muster roll, and the volunteer considers himself aggrieved thereby, the volunteer may appeal to two justices of the peace for the county to which the corps belongs, usually acting within the petty sessional division in which the head quarters of the corps are situate, and not being members of the corps, who shall hear and determine the appeal, and may for the purposes thereof administer oaths and examine any person as a witness; 195—and if it appears to such justices that the
195 By 32 & 33 Vict. c. 81, s. 6, the commanding officer of any corps or administrative regiment may appear before justices by the adjutant or serjeant-major of the corps or regiment, or any of the staff of the corps or regiment authorized in writing under the hand of the commanding officer. arms, clothing and appointments issued to the volunteer, being 26 & 27 Vict. public property or property of his corps, have been delivered up in %. 65;
32 & 33 Vict. good order (fair wear and tear only excepted), or that he has paid c. 81. or is ready to pay sufficient compensation for any damage that such articles may have sustained, and that all money due or becoming due by him under the rules of his corps, either before or at the time or by reason of his quitting it, has been paid, such justices may order the commanding officer forthwith to strike such volunteer out of the muster roll of his corps, and their determination shall be binding on all persons.” [Forms of Summons and Order, Nos. 3, 4, Oke's “ Formulist,” 6th ed. pp. 978, 979.]
Recovery of Subscriptions or Fines from Member of Corps.] By 26 & 27 Vict. c. 65, s. 27, "if any person belonging or having belonged to a volunteer corps or administrative regiment, neglects or refuses to pay any money subscribed or undertaken to be paid by him towards any of the funds or expenses of such corps or regiment, or due under the rules of such corps, and actually payable by him, or to pay any fine incurred by him under the rules of such corps,-such money or fine shall (without prejudice to any other remedy) be recoverable from him, with costs, at any time within twelve months after the same becomes due and payable, as a penalty under this act is recoverable,—and when recovered shall be applied as part of the general fund of the corps or regiment.” By sect. 48, money or fines made recoverable as a penalty is recoverable before two or more justices having jurisdiction where the offence is committed or where the offender happens to be, in manner directed by the 11 & 12 Vict. c. 43. The person to sue for and recover current subscriptions, arrears of subscriptions, and other money due to the corps or regiment, is the commanding officer, in whom they and all lands and effects of the corps vest (s. 25). 195 A copy of the rules in print or writing, certified under the hand of the commanding officer as a true copy of the rules whereof her Majesty's approval has been duly notified, is conclusive evidence of the rules of the corps (s. 24), which rules will show when the sum claimed became payable. After summoning the defaulter, and on proof of the complaint, the justices will make an order for payment;-in default of payment, if the sum adjudged including costs do not exceed £5, there will be imprisonment, either instead of or in default of distress. [Forms of Complaint, &c., Nos. 5—8, p. 979, Oke's “ Formulist,” 6th ed.]
Exemptions from Toll.] See these set out in Vol. I., Note 484, tit.“ Volunteer Force.”
Appeal.] See 26 & 27 Vict. c. 60, s. 48, Vol. I., pp. 829, 830, Note 483.
Grounds for Rifle Practice..] 26 & 27 Vict. c. 65, s. 32, incorporates certain provisions of the 8 & 9 Vict. c. 18, tit. " Lands Clauses
26 & 27 Vict. Act," ante, p. 1446), for the purpose of facilitating the acquisition c. 65. 32 & 33 Vict. of Land; and sect. 37 contains provisions for the stopping up or c. 81.
diverting of footpaths crossing or running inconveniently or dangerously near to such land, on a certificate of two justices, the proceedings being the same as where a private person is desirous of stopping up, &c. a highway under 5 & 6 Will. 4, c. 50 (ante, pp. 1122, 1423), except that the justices' certificate is conclusive.
This has been amended by 34 & 35 Vict. c. 86, s. 17. 32 & 33 Vict.
Remedy for Von-delivery of Arms, &c. on Demand.] By 32 & 33 c. 81, s. 3.
Vict. c. 81, s. 3, "Where any person neglects or refuses, on demand made as hereinafter mentioned (in s. 4), to deliver up any property (whether arms, clothing, appointments, ammunition or public stores), which is public property, or the property of a volunteer corps or administrative regiment, and has been issued to such person or is in his possession or keeping as an officer or volunteer, any justice of the peace may, upon reasonable ground being shown for a suspicion that the property is to be found on any premises, issue a warrant under his hand empowering the person therein named to enter upon such premises and search for the property,and the person so empowered may enter and search accordingly, and shall seize such property, if found, and remove the same with all convenient speed to such place as may be directed by the secretary of state, person, officer, or adjutant who made the demand. Notwithstanding any such seizure and removal, the same penalty may be enforced against any person, and the value of any such property may be recovered from the person neglecting or refusing as aforesaid, in the same manner as it might have been under the principal act if this act had not passed. The jurisdiction under this section may be exercised by any sheriff or magistrate
who under the principal act has jurisdiction with respect to the Sect. 4.
recovery of a penalty." By sect. 4, “A demand may be made for
state or any person authorized in writing by him:
to the person making the demand, by the commanding officer or adjutant of the volunteer corps or administrative regiment to which such property belongs, or to which
such volunteer or officer belongs. The demand may be made by the delivery of a written notice to the person upon whom the demand is made, or by leaving the same at his usual or last known place of abode, or, if no such abode is known, by ing the same at the room of the corps or regiment to which he belongs or belonged, or at the place where notices relating to such corps or regiment are usually affixed.”
Jurisdiction of Lieutenants of Counties vested in her Majesty.] See 34 & 35 Vict. “The Regulation of the Forces Act, 1871,” 34 & 35 Vict. c. 86, ss. 6,
WAR. The following provisions are in the acts relating to the purchase of lands for the service of the ordnance department and for the security and defence of the realm :
In default of treating, or where the parties do not agree, the per- 5 & 6 Vict. sons authorized by her Majesty may require two justices to put her c. 24. Majesty's officers in possession (5 & 6 Vict. c. 24, s. 19).
Sect. 1 vested the power of those officers in the secretary of state 18 & 19 Vict. for the war department.
c. 117. As to the recovery of possession of land vested in the secretary of state, see 17 & 18 Vict. c. 67; 18 & 19 Vict. c. 117; 22 Vict. c. 12; and 25 & 26 Vict. c. 36.
By sect. 7, the secretary of state for war may use all the powers 23 & 24 Vict. given to promoters of undertakings by “The Lands Clauses Act, c. 106. 1845," 8 & 9 Vict. c. 18.
Fortifications, Arsenals and Dockyards.] This act contains pro- 23 & 24 Vict. visions applicable to settling cases of compensation for lands, &c. required before two justices, and apportionment of rents, &c. Vide ss. 13, 14, 25, 26, 41, amended by 28 & 29 Vict. c. 65. The 23 & 24 Vict. c. 112, is incorporated with the 5 & 6 Vict. c. 94 and 18 & 19 Vict. c. 117.
WATERWORKS FOR TOWNS. “ The Waterworks Clauses Acts, 1847,” 10 & 11 Vict. c. 17, the 10 & 11 Vict. extent of which is shown in Note 485, Vol. I. pp. 831, 832, provides c. 17. for various matters being heard and determined before justices, viz. :
The mode of determining questions of compensation with regard to lands purchased or taken is to be the same as under the 8 & 9 Vict. c. 18 (tit. “ Lands Clauses Act,” ante, p. 1446), s. 6.
Correction of errors and omissions in plans and books of reference by two justices (s. 7).
Undertakers to make compensation for damages done in exercise of powers of act in sinking wells, making reservoirs, &c. (s. 12). See New River Company v. Johnson, 29 L. J. (N. S.) M. C. 93; 1 Law T., N. S. 295.
Differences as to the construction of accommodation works to be settled by two justices (s. 16), as well as the expense of executing the works (s. 17).
Compensation to mine owners for damage done by waterworks to be settled by justices (see s. 22).