MILITARY TRANSPORT

1. This Ordinance may be cited as the Military-Transport Ordinance.

2. All District Courts within their respective jurisdictions upon production of a requisition for that purpose signed by the Minister of Defence or the senior officer of Her Majesty’s forces, or other person duly authorized on that behalf, shall issue a warrant to any constable, police vidahn, or peace officer, requiring him to provide the number of bullock carts, bullocks, and drivers mentioned in such requisition, and allowing sufficient time to do the same, and specifying the weights which such bullock carts or bullocks shall carry, the places from and to which the said bullock carts, bullocks, and drivers shall travel, and the distance between the places, and also the rate of hire or payment which shall be demanded for the same ; and such distance and rate shall be according to the distance and rate of hire for which bullock carts or bullocks are usually let out on private hire at the place where the same are impressed, together with such extra compensation as the District Court shall, under the circumstances, consider to be reasonable, but making no allowance for dues or tolls on roads, bridges, or ferries, which are herein declared not to be demandable for the same while employed on such service, or returning therefrom ; and the said constable, police vidahn, or peace officer shall, on receiving such warrant, order persons having bullock carts or bullocks to furnish the requisite supply, who are hereby required to furnish the same accordingly, together with proper drivers ; and when it shall appear by a certificate of any District Judge that sufficient bullock carts or bullocks cannot be procured within his district, any adjoining District Court shall within its jurisdiction by a like course of proceeding supply the deficiency.

3. All bullock carts plying for hire or the conveyance of goods shall be liable to be impressed under the provisions of this Ordinance before any cart’s kept by individuals exclusively for private use, and not Jet out for common hire.

4. The owners or drivers of any bullock carts or bullocks impressed under this Ordinance shall be entitled to be paid one-half of the hire thereof, according to the rate allowed by and specified in the warrant of the District Court, before his bullock cart or bullocks shall be loaded ; and no bullock cart or bullocks shall be liable to carry a greater weight than shall be specified in the warrant of the District Court, and the loading of such bullock cart or bullock shall be first weighed, if required, at the expense of the party in fault, provided that the same can be done in a reasonable time without hindrance to Her Majesty’s service ; and whenever it shall be necessary to impress bullock carts or bullocks for a march under this Ordinance, at least twenty-four hours’ notice shall be given, and in case of emergency as long notice as the case will admit shall be given to the constable, police vidahn, or peace officer who shall have to order the requisite supply ; and the owner or owners of every bullock cart or bullock which shall be detained and employed under this Ordinance shall, upon the discharge of such bullock cart or bullocks, be entitled to a certificate of such service or employment; and no owner of any bullock cart or bullock shall be liable to have the same detained and employed under this Ordinance against his or her will, oftener than once in each year, except in case of pressing emergency.

5. It shall be lawful for the Minister of Defencel by his warrant, distinctly stating that a case of emergency doth exist, to authorize any officer commanding Her Majesty’s troops in any district or place, or any commissariat officer or agent for the supply of military stores and provisions, to make a requisition in writing under his hand to any District Court within it’s jurisdiction to issue its warrant for the provision, not only of bullock carts and bullocks kept by or belonging to any person and for any use whatsoever, but also of horses, carriages, hackeries, wagons, and vehicles, and also of boats, barges, and other vessels used for the transport of any commodities whatsoever upon any canal or navigable river, as shall be mentioned in the said requisition, therein specifying the place and distance to which such carriages, horses, or vessels shall go ; and on the production of the said requisition to any District Court, such court shall, within its jurisdiction, take all the same proceedings in regard to such additional supply so required on the said emergencies as the said courts are by this Ordinance required to take for the ordinary provision of bullock carts or bullocks; and all provisions whatsoever of this Ordinance, as regards the procuring of the ordinary supply of bullock carts and bullocks, and the duties of the constables or other officers and owners of bullock carts and bullocks in that behalf, shall be to all intents applicable for the providing and payment according to the rate of hire usually paid for such other description of carriages or vessels so required on emergency, according to the length of the journey or voyage in such case; and it shall be lawful to convey thereon, not only the baggage, provisions, and military stores of any regiment or detachment, but also the officers, soldiers, servants, women, children, and other persons of or belonging to the same.

6. If any constable, police vidahn, or other peace officer shall wilfully neglect or refuse to execute any warrant aforesaid of the District Court which shall be directed to him for providing bullock carts or bullocks, horses, carriages, or vessels, or if any person appointed by such constable to provide bullock carts or bullocks, horses, carriages, or vessels, shall refuse or neglect to supply the same or do any act or thing by which the execution of such warrant shall be hindered, such constable, police vidahn, peace officer, or other person shall forfeit for every such offence, neglect, or refusal any sum not exceeding fifty rupees nor less than, twenty rupees, and the register or licence of every bullock cart for which default shall be made shall be thereupon forfeited and the plate thereof accordingly ordered to be removed from such cart.

7. If any military officer, non-commissioned officer, or soldier shall, except on emergency, constrain any bullock cart, or carriage, or vessel to proceed beyond the distance specified in the warrant of the District Court, or shall compel the owners or driver to take up any soldier or servant (except such as are sick), or shall otherwise, contrary to the will of the owner or driver, cause or permit any greater load to be put upon any carriage than is directed by this Ordinance, such officer, non-commissioned officer, or soldier shall, upon conviction, forfeit for every such offence any sum not exceeding fifty rupees nor less than twenty rupees.

8. All fines or penalties imposed by this Ordinance shall, on failure of immediate payment, be levied by summary warrant of distress and sale of the goods, property, and effects of the offender or offenders, and in default of payment the offender or offenders shall be liable to imprisonment not exceeding three calendar months, and it shall also be lawful for any court before whom any such offender may be convicted to order at its discretion the whole or any part of such fine or penalty when recovered to be paid over or applied to the use and benefit of the person who shall first have given information against or been active on the apprehending of such offender, or shall appear otherwise deserving of reward in the matter.

9. Whenever the words “bullock carts” or ” bullocks ” are used in this Ordinance, such words shall be respectively understood and construed to include buffalo carts as well as bullock carts, and buffaloes as well as bullocks.