IRLF
[Crown Copyright Reserved.]
MANUALS OF EMERGENCY LEGISLATION.
FOOD (SUPPLY AID
PRODUCTION) MANUAL,
[1st Enlarged Edition xupersedim/ / ,,,,/,/ M
May, 1917.]
REVISED TO
OCTOBER, 21st, 1917.
COMPRISING ALL THE
Food! Supply and Production Legislation, THK
Orders THKREUNDEU of the Food Controller
AND or THE Agricultural AND OTUKU Departments,
AND CERTAIN Auxiliary AND APPLIED Legislation
[WITH NOTES].
A X
Introductory Note AND Analytical Index to Acts,
Orders and Notes,
AND
Certain Addenda to January 31st, 1918,
EDITED BY
ALEXANDER PULLING, C.B.,
0* 1 TRINITY COLLEGE, CAMBRIDGE. AND or THK LNNKR TEMPLE,
BARRISTER-AT-LAW.
PUBLISHED BY AUTHORITY.
LONDON :
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fflS^S?
LIBRIS
DOCUMENTS
DEPT.
[Crown Copyright Reserved.']
MANUALS OF EMERGENCY LEGISLATION.
FOOD (SUPPLY AND
PRODUCTION) MANUAL,
\_lst Enlarged Edition superseding Food Supply Manual of
May, 1917.]
REVISED TO
OCTOBER 21st, 1917.
COMPRISING ALL THE
""ood Supply and Production Legislation, THE
Orders THEREUNDER of the Food Controller
AND OF THE Agricultural AND OTHER Departments,
AND CERTAIN Auxiliary AND APPLIED Legislation
[WITH NOTES].
AN
Introductory Note AND Analytical Index to Acts,
Orders and Notes,
AND
Certain Addenda to January 31st, 1918.
EDITED BY
ALEXANDER PULLING, C.B.,
OF TRINITY COLLEGE, CAMBRIDGE, AND OF THE INNER TEMPLE.
BARRISTER- AT-LAW.
PUBLISHED BY AUTHORITY.
LONDON:
PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE
To be purchased through any Bookseller or directly from
H.M. STATIONERY OFFICE at the following addresses:
IMPERIAL HOUSE, KINGSWAY, LONDON, W.C.2, and
28. ABINGDON STREET, LONDON, S.W.I;
37, PETER STREET, MANCHESTER; 1, ST. ANDREW'S CRESCENT,
23, FORTH STREET, EDINBURGH;
or from E. PONSONBY, LTD., 116, GRAFTON STREET, I
January, 1918.
Price Five 'Shillings Net.
r\
TABLE OF CONTENTS.
PAGE.
INTRODUCTORY NOTE iii
PART I. Constitution and Powers of the Ministry of Food 1
PART II. Orders of the Food Controller under Defenc-e of the Realm
Regulations as to Ma ntenance of Food Supply 15
PART ITT. Enforcement of Food Controller's Orders and Prosecution
of Offences by Local Authorities, &c. : Food Control
Committees and discharge of Local Authorities'
Functions ... ... ... ... ... ... ... 187
PART IV. The Corn Production Act, 1917, and Regulations and
Memoranda thereunder 209
PART V. Powers and Orders of the Board of Agriculture and
Fisheries under Defence of the Realm Regulations ... 257
PART VI. Powers and Orders of the Board of Agriculture for Scotland
under the Defence of the Realm Regulations ... ... 341
PART VII. Powers and Orders of the Department of Agriculture and
Technical Instruction for Ireland under the Defence of
the Realm Regulations 379
PART VIII. Food Powers of Admiralty, Army Council, and Minister of
Munitions ... ... ... ... ... ... ... 407
PART IX. Trial and Punishment of Offences as to Food Supply or
Production under the Defence of the Realm Regulations 409
PART X. Proof and Construction of and other provisions as to Food
Regulations, Orders aud Documents 437
PART XI. Relief from Liability under Contra ts affected by Depart-
ments' Requirements or Restrictions 443
APPENDIX I. Royal Proclamation as to Economy in the use of Grain 449
APPENDIX II. Dietaries of Institutions and Prisons 450
APPENDIX III. Maintenance of Live Stock Act and Orders 453
APPEN DIX IV. Regulations for the Sale of Government Imported Cheese
and Meat 465
APPENDIX V. . Output of B^,- Restriction Acts ... ... 470
APPENDIX VI. Epitome of Acts and Orders more indirectly affecting
Food Supp'.y or Production 475
APPENDIX VII. Relief from Vacation of Seat in, and Disqualification for
Membership of, House of Commons ; Offices of
Profit immediate succession from the one to the other
of which does not vacate seat in House of Commons 510
APPENDIX VIII. Payment and Allocation of Fines and Fees in England
and Wales 512
ANALYTICAL INDEX to Acts, Regulations, Orders and Notes 517
ADDENDA. Further Regulations under Corn Production Act (Part IV
of Manual) and Cultivation of Lands Orders of January,
1918 (Parts V, VI, VII) 603
INTRODUCTORY NOTE.
VI. Proof and Construction of
Food Regulations -
conimittees.
In each case the powers of a food control committee are tho-t'
assigned to them by certain of the Controller's Orders.
Throughout the United Kingdom the food control Committees
can, under a series of Orders of last November, enforce any of
the Controller's Orders, and in England, Wales or Ireland prosecute
summarily for contraventions of the same.
An English or Welsh food control committee can arrange with
the local authority appointing them for the concurrent, or exclu-
sive, exercise of their powers of summary prosecution.
Still more recent Orders make further provision as to food
control committees.
The system in force in each part : of the Kingdom is described
in greater detail below, where specific reference is given to the
Orders issued whilst this Manual was being printed off.
Summary Prosecutions are regulated by the " Trial and Punish-
ment " provisions of the Defence of the Realm Regulations which
form Part IX. of the present Manual. An epitome of such pro-
visions is given in Section V. (pp. xxix, xxx) of this Introductory
Sote.
(ii) English and Welsh System.
(1) Constitution of Committees,
p. ix.
(2) Powers and Duties of English
and Welsh Committees,
p. x.
(1) CONSTITUTION OF COMMITTEES. The Food Control Com-
mittees (Constitution) Order, 1917, of August 22nd last (printed
p. 199), made by the Food Controller under Regulation 2j (1)
of the Defence of the Realm Regulations (printed p. 11) provides
as follows : . .
For the City of London and for each metropolitan or municipal
borough and urban or rural district and for the Isles of Scilly.
a food control committee is to be appointed by the Common
Council of the city, tlie borough council, the urban or rural
district council, or the council of the Isles of Scilly, as the
case may be. But any of these authorities may combine in
appointing a joint food control committee for the whole or parts
of their areas. ~ ,
Under these provisions there were in England and V\ ales on
December 17th last, 1,809 Food Control Committees one for
everv borough, urban district or rural district. Their areas an>
-ouped in 13 Food Divisions each of which is under a Divisional
Food Commissioner. The Government Secretaries of Jersey,
(luemsey, and the Isle of Man act as food control committees, and
the Channel Islands and Man are included in the Food Divisions.
English Food Control Committees and their Powers.
The " Constitution " Order makes provision as to women and
labour-representative members, term of office, and vacancies,
quorum and chairman, proceedings and voting, officers, sub-com-
mittees, and expenses and as to proof of directions or decisions of
the committee.
These committees report both to the Food Controller and to
the appointing- local authority, but no act of a committee requires
confirmation by the local authority.
The Constitution Order was accompanied by an Order of the
Local Government Board (" The Local Authorities (Food Control)
Order No. 2, 1917," printed p. 204) which conferred on the
appointing local authorities above mentioned the powers necessary
for the discharge of their functions under the Constitution Order,
provided for the expenses of such authorities, and authorised any
such an authority to lend without charge to a food control
committee, offices, or the services of officers.
Under an Order of December 14th (St. R. and 0., 1917,
No. 1298) the accounts of English and Welsh food control com-
mittees are made up yearly to March 31st, and are audited by the
district auditors, a v s those of urban district councils are audited.
Under an Order of January 2nd, 1918 (St. R. & 0., 1918,
No. 2), a conviction for a summary offence against an Order of
the Food Controller disqualifies for membership of a committee
or sub-committee.
(2) POWERS AND DUTIES OF ENGLISH AND WELSH COMMITTEES.
The powers and duties of a food control committee aie those
assigned to them by Orders of the Food Controller.
Under the " Enforcement (England and Wales) Order, 1917 ' :
(St. R. & 0., 1917, No. 1130), a food control committee is
empowered to enforce within its area all Orders of the Food Con-
troller made or hereafter to be made and to summarily prosecute
breaches of the same.
A committee can (with the Controller's approval) arrange with
their appointing local authority for the exercise by the latter of
the committee's prosecution powers, either concurrently or
exclusively ; if such an arrangement is come to the local authority
can under the Local Authorities (Food Control) Order No 3,
1917 (St. R. & 0., 1917, No. 1176), enforce any Order for
breaches of which they are so authorised to prosecute.
The Food Control Committees (Local Distribution) Order, 1917
(St. E. & 0., 1917, No. 1325), empowers a Committee, with the
consent of the Controller, to adopt a scheme for controlling within
their area the distribution and consumption of any article of food.
With a view to the proper distribution of foodstuffs, Com-
mittees are empowered by the Food Control Committees (Requisi-
tioning) Order, 1918 (St. R. & 0., 1918, No. 115) to require any
retailer (except a caterer) to hold at theii disposal any foodstuffs,
and thereunder a Committee can dispose of the same as they think
fit-
Besides these general powers, extensive powers are vested in
the Committees by the Orders relating to particular articles of
food. Reference to such powers so far as conferred by Orders
made by the Controller to October 21st last, and therefore printed
Scottish Food Control Committee* and their Powers.
in this Manual, is given under the heading M Food Committees "
in the Index hereto. The number of Orders conferring such
powers has since that date largely increased, and for the Order-
now (January 31, 1918) in force reference should be made to the
new Editions of Part II. of this Manual referred to under 3
p. vin above.
(iii) Scottish System.
(1) Constitution of Committees, I (2) Powers and Duties of Scottish
P- X1 - I Committees, p. xii.
(1) CONSTITUTION OF COMMITTEES. The Food Control
Oommittees (Constitution) Order, 1917, (printed p. 199) applies
also to Scotland and provides that there shall be a food
control committee for every Royal Parliamentary or Police burgh
with a population exceeding 5,000 (according to the 1911
Census), and also for the remaining parts of each eounty.
Each burgh committee is appointed by the town council, and
each county one by a joint committee of the county council and
the town councils of the included smaller burghs.
The town council of a larger burgh may decide to join the
joint committee instead of appointing a separate burgh com-
mittee, or any of the joint committees .or town councils or larger
burghs may combine in appointing a joint food control committee
lor the whole or parts t of their areas.
(Jnder these provisions there were in Scotland, on December llth
last, 104 Food Control Committees, of which 33 were " county "
committees, i.e., for a county area and associated burghs and 71
were burgh committees, i.e., each for a separate burgh. All the
areas in Scotland ate grouped in 3 Food Divisions, each of which
is under a Divisional Food Commissioner.
The " Constitution " Order was accompanied by an Order of
the Secretary for Scotland (" The Local Authorities (Food
Control) (Scotland) (No. 2) Order, 1917," printed p. 206)
which conferred on the appointing local authorities above
mentioned, the powers necessary for the discharge of their
functions under the Constitution Order, provided for the expen-<'-
of such appointing authorities, and authorised any county town
or parish council, district committee, school board or other local
body to lend without charge to a food control committee, officers
or the services of officers.
Under an Order of December 14th (St. E. & p., 1917, No. 1298)
the accounts of Scottish Food Control Committees are made up
yearly to March 31st and are audited in the case of a joint
(county) committee by the auditor appointed by the Secretary of
Scotland to audit the accounts of the county concerned, and in the
case of a burgh committee by the auditor of the public health
general assessment accounts of the burgh.
Under an Order of January 2nd, 1918 (St. E. & 0., 1918, No. 2)
a conviction for a summary offence against an Order of the Food
Controller disqualifies for membership of a committeg or sub-
committee.
Food Control Comvnitlee for Ireland and its Powers.
(2) POWERS AND DUTIES OF SCOTTISH COMMITTEES. The powers
and duties of a food control committee are those assigned to them
by Orders of the Food Controller.
Under the " Food Control Committees (Scotland) Powers Order,
1917," (St. E. & 0., 1917, No. 1189), a food control committee is
empowered to enforce within its area all Orders of the Food Con-
troller made or hereafter to be made.
This the Scottish "Powers" Order differs from the corre-
sponding English "Enforcement" Order (as to which see (ii)
p. x. above) in that it advisedly contains no provision as to
prosecutions; all summary prosecutions in Scotland proceeding at
the instance, and being conducted by the procurator-fiscal.
The Local Authorities (Food Control) (Scotland) (No. 3) Order,
1917 (1917, No. 1187), made by the Secretary for Scotland and
issued November 20th 1917, concurrently with the Scottish
"Powers" Order, applied the Secretary for Scotland's No. 2
Order (printed p. 206 and referred to above) to the said
"Powers" Order in like manner as it already applied to the
" Constitution " Order.
The Food Control Committees (Local Distribution) Order, 1917
(St. E. & 0., 1917, No. 1325), empowers a Committee, with the
consent of the Controller, to adopt a scheme for controlling within
their area the distribution and consumption of any article of food.
With a view to the proper distribution of foodstuffs, Com-
mittees are empowered by the Food Control Committees
(Eequisitioning) Order, 1918 (St. E & 0., 1918, No. 115) to
require any retailer (except a caterer) to hold at their disposal any
foodstuffs, and thereunder a Committee can dispose of the same
as they think fit.
Besides these general powers, extensive powers are vested in the
Scottish Committees by the Orders relating to particular articles
of food. Eefereiice to such powers so far as conferred by Orders
made by the Controller to October 21st last, and therefore printed
in this Manual, is given under the heading " Food Committees "
in the Index hereto. The number of Orders conferring such
powers has since that date largely increased, and for the Orders
now (January 31st, 1918) in force reference should be made to the
new Editions of Part II. of this Manual referred to under 3-
(p. viii) above.
(iv) Irish System.
(1) Food Control Committee for
Ireland, p. xii.
(2) Powers and Duties of Com-
mittee for Ireland, p. xiii.
(1) FOOD CONTROL COMMITTEE FOB IRELAND. By Minute dated
August 31st, 1917 (printed p. 208), the Food Controller nomin-
ated certain persons therein mentioned as the " Food Control
Committee for Ireland."
By the " Food Control Committee for Ireland (Constitution)
Order, 1917," (St. E. & 0., 1917, No. 1160), dated November 7th,
1917, the persons so nominated with such others as might be
thereafter nominated by the Controller were constituted the Food
Control Committee for Ireland. A member holds office until his
Food Control Committee for Ireland and its Powers. riii
nomination is revoked by the Controller, who also nominates the
chairman and vice-chairman.
The Order makes provision as to quorum, proceedings, voting,
and sub-committees (which may be either for the whole of Ireland
or local), and as to proof of directions or decisions of the general
committee or of a sub-committee.
A sub-committee reports to the general committee, and both
the general committee and sub-committees report to the Con-
troller.
The general committee are empowered to arrange for the render-
ing either to themselves or to any sub-committee of the service*
of the police or of local authorities' officers.
Under an Order of January 2nd, 1918 (St. E. & 0., 1918,
No. 2), a conviction for a summary offence against an Order of
the Food Controller disqualifies for membership of the Irish
Committee or of a sub-committee.
(2) POWERS AND DUTIES OF COMMITTEE FOR IRELAND. The
powers and duties of this Committee are, like those of the English
and Scottish Committees, such as are assigned to them by Orders
of the Food Controller : the powers and duties for a sub-committee
are those which may be assigned to them by the Controller or
delegated to them by the general committee.
Previously to the Irish " Constitution " Order referred to above
the only power assigned to the Irish Committee by Order was
that of granting certificates of registration to local dealers in
sugar (St. E. & 0., 1917, No. 1094). But the " Constitution "
Order was followed two days later by the " Food Control Com-
mittee for Ireland (Powers) Order, 1917" (St. E. & 0., 191 <,
No. 1138) which
(a) assigned to the Irish Committee the same rights or
powers as regards Ireland that had already been
assigned by any Order of the Controller of earlier date
than November 9th and for the time being affecting
Ireland on either food control committees or local
authorities in Great Britain;
(6) conferred on that Committee the power of enforcing all
Orders heretofore made or hereafter to be made by t
Food Controller;
(c) authorised the Committee and such persons as they may
designate or appoint for the purpose to summa:
prosecute breaches of any of the Controller's Orders.
This " Powers " Order also:
(d) provided that the Controller may withdraw any ,
Orders from these enforcement and prosecutions pro-
visions, but that in any P edlu "Y ', H,o
presumed, until the contrary be proved, that
provisions apply in respect of the Order contraventions
of which are being' prosecuted;
(e) extended the Orders fixing maxmmm P ' >" ' ,
(see p. 127) and for meat (tee p. 118) to Ireland
Lve the Irish Committee powers as to licence
authorising increased retail prices under Clause C of
the Flour and Bread (Prices) Order (p. 55).
Food Powers of the Naval and Military Departments.
Besides these general powers, extensive powers are vested in
the Irish Committee by Orders relating to particular articles of
food issued since Part II. of this Manual was printed off. For
such Orders leference should be made to the new Editions of
Part II. of this Manual referred to under 3 (p. viii) above.
III. Food Powers of the Naval and Military Departments.
As stated in the Editorial Note (pp. 407, 408) which forms
Part VIII. of this Manual the Admiralty, Army Council, and
Ministry of Munitions possess under certain of the Defence of
the Realm Regulations printed in section 2 of Part I. hereof
powers which as regards articles of food are concurrent with those
of the Food Controller. An outline of such concurrent powers
is given in Section II. 2 (p. iv) of this Introductory Note.
As regards specific articles of " food " no Orders have been
made by the three first named Departments : but the Army
Council and the Minister of Munitions have made various Orders
indirectly affecting food supply or production which are referred
to under Section VIII (p. xxxiii) of this outline of food
legislation.
IV. The Agricultural Departments and Food Production.
1. General Character and Opera-
tion of the Food Production
Legislation, pp. xiv-xviii.
2. Minimum Corn Prices and
Agricultural Rents, p. xviii.
3. Minimum Wages for Agricul-
tural Workers, pp. xviii-xx.
4. Improved Cultivation in Eng-
land and Wales, pp. xxi-
xxiv.
5. Improved Cultivation in Scot-
land, pp. xxiv-xxvii.
6. Improved Cultivation in Ire-
land, pp. xxvii-xxix.
1. GENERAL CHARACTER AND OPERATION or THE FOOD PRODUCTION
LEGISLATION.
(1) Initiation of the Legislation,
p. xiv.
(2) Character of the Legislation,
p. xvi.
(3) Central and Local Food Pro-
duction Authorities, p. xvi.
(4) Operation of the Legislation,
p. xvii.
(1) Initiation of the Legislation. In June, 1915, the President
of the Board of Agriculture and Fisheries, the Secretary for
Scotland, and the Vice-President of the Irish Department of
Agriculture respectively appointed Departmental " Food Pro-
duction " Committees to report what steps should be taken by
legislation or otherwise for the purpose of maintaining, and if
possible increasing, the production of food in the three parts of
the Kingdom.
The Reports (July 17 and October 15, 1915) of the English
(Lord Milner's) Committee form Parl. Papers [Cd. 8048], [Cd.
8095] of 1915 ; those (August, 1915, December 29, 1916, and April
12, 1917) of the Scottish Committee are printed for sale as
Initiation of the Food Production Legislation.
Stationery Office Publications; and that (August 14, 1915) of the
Irish Committee forms Parl. Paper [Cd. 8046] of 1915.
All but 5 per cent, of the wheat grown in the United Kingdom
is produced in England and Wales, and in their Interim (July)
Report, Lord Milner's Committee recommended the guarantee of
a minimum price for home grown wheat for a period of several
years and anticipated that the effect would be an increase of the
English and Welsh wheat area by 50 per cent., and thus to the
3 million acres it stood at before the fall of prices in the later
seventies. They considered, but did not advocate as then
necessary, a compulsory minimum wage for labourers or legisla-
tive restriction on the raising of agricultural rents. They recom-
mended the creation of a system of agricultural committees on a
county basis. It was, as stated by Mr. Prothero (94 H.C. Deb. 5s.
980), in the Report of this Committee, which was appointed
for the specific purpose of saying what should be done if the
submarine menace became a peril, that the Corn Production
Bill originated.
In August, 1916, the Prime Minister appointed an " Agri-
cultural Policy Sub-Committee" of the Reconstruction Com-
mittee. In Part I. of the Report of that Sub-Committee (Lord
Selborne's) (Parl. Paper, 1917 [Cd. 8506]) the effects of the
Agricultural Depression of 1875 to 1907 were reviewed : British
agriculture was compared with that of Germany (see ' The
Recent Development of German Agriculture," Parl. Paper, 1916
[Cd. 8305]) and Denmark, and the need for a new agricultural
policy urged : guaranteed minimum prices for wheat and oats
and a minimum wage and wages boards were advocated, and these
and the effect on rents considered in detail the establishment of
a Land Court being discussed but advised against : the introduc-
tion of the sugar beet industry was advocated.
Effect has been given by the legislation of which the following
is an outline to certain of the above and other recommendations
and considerations of the several Reports.
The War Food Production Lep-islation, i.e., legislation directed
to the improved cultivation of land with a view to increasing the
food resources of the country, to which these various reports and
suggestions gave birth, was, like the Food Supply Legislation
(see Section II. 1 (p. iv) of this Introductory Note), initiated at
the end of the year 1916 by the conferment of powers by Defence
of the Realm Regulations.
The land cultivation powers so conferred were at their com-
mencement exercisable only with the consent of both owner and
occupier except with regard to unoccupied land and were
restricted to Great Britain. By a series of amendments and
additions there has been built up on this foundation the extensive
group of Regulations which are printed in the form in which they
apply in the three parts of the Kingdom m Parts V., VI. and
VII. of this Manual and in the Addenda, pp. 616-8 629 630 and
of which an outline is given in sub-sectrons 4, 5 and
part of this Introductory Note, pp. xxi-xxix.
XT1 Central and Local Food Production Authorities.
On February 8th, 1917, an amendment on the Address gave
birth to an important debate on food production, in which the
agricultural position was reviewed (90 H.C. Deb. 5s. 110-282),
on February 23rd certain of the Government proposals were stated
and discussed (90 H.C. Deb. 5s. 1601 et seq.), and on April 5th
the Corn Production Bill was presented (92 H.C. Deb. 5s. 1483).
^On April 25th, after two days' debate (92 H.C. Deb. 5s. 2250-
2547) the Bill was read a second time, on June 13th a debate
(94 H.C. Deb. 5s. 980-1095) occurred on the financial resolution,
and on July 10th, llth, 18th, 19th, 23rd, and 31st, and
August 1st (95 H.C. Deb. 5s. 1759-1875 ; 1951-2082 ; 96 H.C. Deb.
5s. 399-467; 514-552; 614-735; 922-1056; 1922-2054; 2114-2161)
the Bill was discussed and amended in Committee.
As so amended it was considered August 6th and 7th (97 H.C.
Deb. 5s. 35-182; 233-325) being on the latter day read a third
time, and passed. On August 21st, 1917, the Bill received the
Royal Assent.
(2) Character of the Legislation. The Food Production Legis-
lation in its now (January 31, 1918) more comprehensive form is
comprised in Parts IV., Y., VI. and VII. of this Manual, as
supplemented by the Addenda at the end of the volume (pp. 605-
630). It is of two different classes, viz., (1) Defence of the
Realm Regulations conferring powers of encouraging and
enforcing Improved Cultivation on the three Agricultural Depart-
ments, and (2) the Corn Production Act, Part IV. of which is,
like the said Regulations, directed to Improved Cultivation, and
Parts I., II., III. to the guaranteeing to farmers of a minimum
price for Wheat and Oats, and to agricultural workers of a
Minimum "Wage, and to providing that landlords shall not in
consequence of the corn prices legislation raise Agricultural
Rents.
(3) Central and Local Food Production Authorities. Whilst
the Food Supply Legislation powers are vested in the Ministry
of Food (see Section II. 2, p. iv above), the central administration
of the Food Production Legislation is as regards England and
Wales vested in the Board of Agriculture and Fisheries, as
regards Scotland in the Board of Agriculture for Scotland, and
as regards Ireland in the Department of Agriculture and
Technical Instruction for Ireland. A precis of the enactments
constituting each of these three Agricultural Departments is
given in the Introductory Note prefacing the Part of this Manual
which comprises their Defence of the Realm Powers (English
Department, Part. V., p. 258, Scottish, Part VI., p. 342,
Irish, Part VII., p. 380).
For the local administration of the Food Production Legis-
lation 2 sets of ad-hoc- authorities have been established one for
the Minimum Wage provisions, and the other for Improved
Cultivation generally.
To fix and enforce the Minimum Wage, there is for each of the
3 parts of the Kingdom a series of Boards and Committees
(described in detail under 3, p. xviii below), having this common
factor, that each consists of an equal number of representatives oi
Operation of the Food Production Legislation.
employers and workmen with a minor number of Depart-mentally
appointed members.
To enforce the general Improved Cultivation provisions (*ei
Regulation 2n) there are throughout Great Britain agricultural
executive committees to whom the English and Scottish Boards
have delegated certain of their powers (see as to England, Regu-
lation 2M and Order and Memoranda thereunder Addenda,
pp. 616-628; and pp. 277-315, and as to Scotland, Regulation
2M and Circulars and Memoranda thereunder, Addenda, p. 629:
and pp. 353-367). The executive committee area is in England
and Wales the administrative county, and in Scotland each local
government district of the county. These executive committees
though formed on, and from, the War Agricultural Committees,
which were at an earlier stage of the War established by each
county council, &c., act as agents and delegates of the two
Agricultural Boards, and are in a totally different position from
an ordinary committee appointed by a local council. In this
respect they are of the same character as the food control com-
mittees (described in detail under Section II. 4 p. viii above) who
though appointed by, and reporting to, a local authority, act
independently of, and without authorisation or confirmation by,
that authority.
On the other hand as regards lands in towns and their
vicinities, the powers of both the English and Scottish Boards of
Agriculture have been delegated not to an ad-hoc authority but
to the London County Council, the borough and urban district
councils, and to the Scottish town Councils (see as to England,
Regulation 2L, and Order and Memoranda thereunder, pp. 259-
269, and as to Scotland, Regulation 2L, and Order and Memoranda
thereunder pp. 343-349).
In Ireland schemes for increased food production are adminis-
tered partly through the county committees of agriculture,
appointed under s. 14 of the 1899 Act, which established the Irish
Department of Agriculture, and partly through the rural and
urban district councils (see Memorandum, pp. 383-392, setting
out these schemes) and there are no ad-hoc agricultural
executive committees Regulation 2M not applying to Ireland,
except so far as it relates to drainage and prevention of floods
(Addenda, 5, p. 630).
(4) Overatwn of the Legislation. On August 21st, 1917, the
date on which the Corn Production Act received the Royal
Assent, the Minimum Prices and Minimum Wages provisions oJ
that Act came into force throughout the United Kingdom. The
Improved Cultivation provisions (Part IV.) of the An likewise
came into force in Ireland on that same day, and in that country
operate concurrently with the Food Production Regulations; but
throiiffhout Great Britain Part IV. of the Act is suspended for a
period, after which it will come into operation and the *ood
Production Regulations will cease to operate ID Great
This beino- the position, it will be convenient in this Intro-
ductory . Outline to deal first with the Corn Prices and Wages
XVI
Minimum Corn Prices, and Agricultural Rents;
Mi?iimum Rate for Agricultural Wages in England and Wales.
legislation which is already in operation in and is (save as to
the constitution of the Wages Boards) common to all three parts
of the United Kingdom, and then with the Improved Cultivation
provisions viewing the last as they operate in England and
Wales, Scotland, and Ireland respectively.
2. MINIMUM CORN PRICES, AND AGRICULTURAL RENTS.
Part I. of the Corn Production Act (pp. 211-213) fixes the
minimum price for wheat and oats for G years (viz., 1917, and
the next 5 years) and confers on growers the right to payment
from the Agricultural Departments out of Parliamentary funds
in the case of wheat of four times, and in the case of oats of
five times, the amount by which such minimum price exceeds the
average price calculated on the returns made under the Corn
Returns Act, 1882.
Part III. of the Act (pp. 215, 216) provides that agricultural
rents shall not be raised in consequence of the above State
guarantee of corn prices. Questions as to whether a rent has been
raised in violation of this provision are determinable :
IN ENGLAND AND WALES by a single arbitrator under and in
accordance with Sch. 2 of the Agricultural Holdings
Act, 1908 (8 Edw. 7, c. 28) ;
IN SCOTLAND by a single arbiter under and in accordance
with the corresponding Scottish enactments (8 Edw. 7,
c. 64, sch. 2) subject to the provisions of the Small
Landholders (Scotland) Acts, 1886 to 1911 and .to the
arbiter being appointed by the sheriff principal in
any arbitration to which the Board of Agriculture for
Scotland is a party (Corn Production Act, s. 18 (1)
(c) (/) (p. 224) ) ; ;
IN IRELAND by the Land Commission subject to the provisions
of the Land Law (Ireland) Acts (Corn Production
Act,*. 18 (2) (d), (e) (p. 226)).
3. MINIMUM WAGES FOR AGRICULTURAL WORKERS.
Part II. and Schs. I. and II. of the Corn Production Act
(pp. 212-215, 227-231) set up throughout the United Kingdom
wages boards and committees who fix minimum rates of wages
for agricultural workers for time work, and so far as it is found
necessary for piece-woik. The time-work rates throughout
England, Wales, and Scotland are to be at least twenty-five
shillings a week for ordinary days' work.
The administrative arrangements in each part of the United
Kingdom are as follows :
For ENGLAND AND WALES there is under Regulations made by
the Board of Agriculture and Fisheries (pp. 239-241) an Agricul-
tural Wages Board consisting of 39 members, of whom 16
represent employers, 16 represent workmen and 7 are appointed
Minimum Rate for Agricultural Wages in Scotland. xi:
by the Boaid of Agriculture and Fisheries. The Board of
Agriculture and Fisheries also select from the members of the
Wages Board a chairman, and appoint a secretary. The constitu-
tion and proceedings of the Wages Board are provided for by the
Regulations. The District Wages Committees Regulations, 1918
(Addenda, pp. 605-608) provide for the establishment of such
Committees throughout England and Wales, for such areas as the
Wages Board determine. Like the Central Board these Com-
mittees consist of an equal number of representatives of employers
and workmen and also of appointed members; the chairman and
deputy-chairman of each committee is selected from amongst the
members by the Board of Agriculture and Fisheries, who also
appoint the secretary of each committee.
Minimum rates of wages can be fixed, varied or cancelled only
by the Central Wages Boaid. The District Committees recom-
mend minimum rates to the Central Board, and a rate or a
variation thereof does not take effect in a district unless the
District Committee have either recommended the same or have
had an opportunity of reporting thereon to the Central Board.
A complaint, may be made by an agricultural worker to the
Wages Board,
(a) as to inadequate payment for piece-work where no
minimum piece-rate has been fixed; and the Board
may thereupon direct the employer to pay the worker
the difference between what has been already paid
and what the worker would have got if on a minimum
time-rate ;
(b) as to infraction of minimum wage rates; and the Board
may thereupon take proceedings on behalf of the
workman, (ss. 6, 7 of Corn Production Act, p. 215.)
The Agricultural Wages Regulations, 1918 (Addenda, pp.
608-610) made by the Board of Agriculture and Fisheries under
s. 12 (1) (b) (c) of the Corn Production Act (p. 221) on January
22nd, 1918, empower the Wages Board to by order prescribe what
benefits or advantages may and may not be reckoned as payment
of wages in lieu of cash either to agricultural workers generally
or of a special class or in a special area.
For SCOTLAND there are under Schedule 2 (1) of the Corn
Production Act (p. 230) 12 District Wages Committees, one for
each of the 12 districts into which the Board of Agriculture lor
Scotland have as specified in their Memorandum of September
22nd, 1917 (p. 242) divided the country for the purpose of const
tuting such Committees.
Each District Committee consists of a chairman and repre-
sentatives of employers and workmen in equal numbers: the
Board have indicated (p. 244) that 11 members would form
committee of convenient size.
The 12 districts mentioned are combined^ so as to form 5
combination districts (Corn Production Act, bch. Z (4), p.
Minimum Rate for Agricultural Wages in Ireland.
from each, of which, under a scheme prescribed by the Board,
two representatives of the district committees within the combina-
tion (one representing employers, and one workmen) are elected.
These 10 persons form the Central Wages Committee for Scotland
Minimum rates of wages are fixed by a District Wages Com-
mittee who report the same to the Central Committee; if not
disallowed by the Central Committee the rat-es take effect (p. 231).
The Central Committee have such powers and duties as the
Board may confer on them ; in particular they
(a) fix minimum rates on failure of a district committee to
do so;
(b) decide questions 011 which district committees fail to
agree (p. 231).
An agricultural worker in Scotland has the same rights of
complaint to a District Wages Committee as an English, worker
has to the English Central AVages Board (Corn Production Act,
ss. 6, 7, 18 (1), pp. 215, 224).
For IRELAND there is the " Agricultural Wages Board for
Ireland," which under Regulations of the Department of Agri-
culture and Technical Instruction for Ireland (pp. 246-8) consists
of 16 members, of whom 6 represent employers, 6 represent
workmen, and 4 are appointed by the Department. The Regula-
tions, which set out the names of the first members, provide for
vacancies in, and proceedings of the Board.
Further Regulations of the Department (pp. 249, 250) empower
the Wages Board for Ireland to define areas for each of which
there will be a District Wages Committee of 9 persons, 4 repre-
senting employers, 4 representing workmen, and 1 (the chairman)
appointed by the Department with a secretary appointed by
the Wages Board.
These Regulations provide as to vacancies on, and the meetings
and proceedings of such Committees.
Maximum rates of wages can be fixed, varied or cancelled only
by the Central Wages Board. The District Committees recom-
mend minimum rates to the Central Board, and a rate or a
variation thereof does not take effect in a district unless the
District Committee have either recommended the same or have
had an opportunity of reporting the same to the Central Board.
An agricultural worker in Ireland has the same rights of
complaint to the Wages Board for Ireland as any English worker
has to the English Board (Corn Production Act, ss. 6, 7, 18
(2) (b), pp. 215, 225).
A third set of Regulations (Addenda, pp. 610-612) made by the
Department under s. 12 (1) (b) (c) of the Corn Production Act
(p. 221) confer on the Irish Wages Board similar powers to those
possessed by the English Wages Board (see above) as to pre-
scribing what benefits or advantages may or may not be reckoned
as .cash in calculating minimum wages.
Improved Cultivation in England and Wales. xx
4. IMPROVED CULTIVATION IN ENGLAND AND WALES.
(1) Provisions now in force, p. ! (7) Destruction of Birds, Hares,
XX1 ' Rabbits, Vermin and Pests,
(2) Cultivation of lands in Towns, p. xxii.
p. xxi. (8) Destruction of Stray Dofjs,
(3) Improved Cultivation Gener-
ally, p. xxii.
culture, p. xxm.
(4) Drainage of Lands, p. xxii. \ (10) Information on Cesser of
(9) Simply of Horses for Agri-
(5) Reduction of Acreage under
Hops, p. xxii.
(6) Keeping of Pigs, p. xxii.
Agricultural Employment,
p. xxiii.
(11) Agriculture Executive Com-
mittees, pp. xxiii, xxiv.
(1) Provisions now in force. The provisions as to improved
cultivation for the purpose of encouraging and maintaining food
supply in England and Wales now (January 31, 1918) in force
are contained in Regulations 2L, 2n, 2N, 2NN, 2o, 2R, 2s, 2T, and
41AAA of the Defence of the Realm Regulations, which confer
extensive powers on the Board of Agriculture and Fisheries. The
specified Regulations in the form in which they on October 21st
last applied in England and Wales, are printed in Part V.
hereof. Since that Part of this Manual was printed, Regulation
2M has been considerably amended, and is in its present (January
31, 1918) form reprinted in the Addenda hereto (p. 620) : certain
other amendments recently made in the series of Regulations are
noted in the outline thereof which follows.
The powers of the Board under the said Regulations will ce^se
to operate with respect to matters dealt with in Part IY. of the
Corn Production Act (pp. 216-221) on August 21st, 1918, or on
the termination of the War (whichever is the earlier), and there-
from Part IY. of the said Act will come into operation (s. 11 (3)
of the Act, p. 220).
(2) Cultivation of lands m Towns. Regulation 2L as amended
and applying to England and Wales (p. 259) empowers the Board of
Agriculture and Fisheries to enter on any land whether occupied
or unoccupied without the owner's or occupier's consent and culti-
vate the land or arrange for its cultivation. The compensation
payable to a cultivator under such an arrangement is settled by
the Board, and that payable on the determination of the occupa-
tion by an arbitrator under the Agricultural Holdings Act. The
Cultivation of Lands Order, 1917 (No. 2) (pp. 260-262) delegates
to the London County Council and borough and urban district
council the Board's powers under Reg. 2L save that Councils may
not enter on gardens, &c., or commons or occupied land without
the sanction of the Board or the occupier's consent or that of the
Agricultural Executive Committee (as to whom see (11) p. xxm
below) in the respective cases provided for.
The objects of the Regulation and Older and the powers,
expenses, &c., of the councils who act as the Board's agents there-
under are dealt witli in detail in Memoranda of the Board
(pp. 263-269). (a)
(a) AMENDMENT OF REGULATION 2N. This Regulation (p. 260) which
relates to unlawful entry, &c., on land occupied under Reg. 2L, has been sub-
sequently amended, and as so amended is reproduced m the January (Monthly)
Edition of the D.R. Regulations.
I inp roved Cultivation in England and Wales.
(3) Improved Cultivation Generally. Regulation 2M (as to
which, in its now extended form, see Addenda, p. 620) comprises
the most important part of the cultivation provisions in force in
England and Wales. It empowers the Board of Agriculture and
Fisheries to inter alia take possession of under-cultivated land,
agricultural machinery, farm produce and live stock, adapt the
land for cultivation, provide farm buildings, require an occupier
to repair, &c., fences or ditches, prohibit growing of particular
crops, determine tenancies, require returns from individual
farmers, and direct cultivation inconsistent with the contract of
tenancy. The Board's powers under Regulation 2M have been in
great part delegated to the Agricultural Executive Committees by
the Cultivation of Lands Order, 1918 (Addenda, p. 617), as
to which and the powers exerciseable by such Committees see (11)
below. The Regulation also comprises the following provisions
as to drainage.
(4) Drainage of Lands. Paragraphs (h) to (n) of Regulation
M (1) confer powers on the Board of Agriculture and Fisheries
as to drainage and now of water and as to increasing the amount
of a limited rate leviable by a drainage authority. These powers,
except those of paragraphs (h)-(j), which are delegated to the
Agricultural Executive Committees (see (11) below), are retained
in the hands of the Board. (See Cultivation of Lands Order,
1918, Addenda, p. 61T.)
(5) Reduction of Acreage under Hops. Regulation 2NN
(which was amended after Part V. of this Manual had been
printed off and is in its present form given in the Addenda, p. 628)
provides that the acreage under hops on any holding in England
and Wales shall be reduced to one-half of that so planted in June,
1914 planting after October 1, 1913, not being taken into
account. This provision takes effect notwithstanding any lease
or contract to the contrary. No compensation is payable in
consequence of such reduction. The Regulation provides for the
grant by the Board of Agriculture and Fisheries of licences
exempting hop growers therefrom : applications for licences are
considered and reported on by the Agricultural Executive Com-
mittees as to whom see (11) below (Memoranda, p. 31T).
The main "cultivation" Regulations (2L, 2M) outlined above
are followed by supplemental ones directed to allied subjects :
these call for but brief mention here.
(6) Keeping of Pigs. Regulation 2o (p. 319) empowers a
public health local authority, who have issued restrictive bye-
laws, to permit the keeping of pigs notwithstanding the same.
(7) Destruction of Birds, Hares, Rabbits, Vermin and Pests.
Regulation 2ft (p. 320) empowers the Board of Agriculture and
Fisheries or their delegates to take action for preventing injury
to crops or trees or wastage of pasturage by birds, hares, rabbits
or vermin arid pests and to authorise the killing and sale of birdvS,
hares or rabbits when the same would otherwise be unlawful, or
for securing migratory birds for food supply, and the manner of
disposal of birds, hares or rabbits.
Agricultural Executive Committees in England and Wales.
The various Orders and Memoranda which have been issued
under these powers are printed, pp. 321-333. Thereby provision
is made for the killing of grouse and black game, pheasants,
rooks, migratory wild birds, and rabbits, the hatching of
pheasants under a hen, or feeding the birds by hand is pro-
hibited, except under licence, and hares and leverets may be sold
at any time of the year: various powers are delegated to the
agricultural executive committees (see (11) below).
Regulation 2.R ceases to operate in England and Wales on
August 21st, 1918, or the termination of the war as regards the
destruction of rabbits or vermin and the powers of s. 10 of the
Corn Production Act (p. 219) then take its place.
(8) Destruction of Stray Doys. Regulation 2s (p. 334) extends
the powers of the Dogs Act, 1906 on this subject.
(9) Supply of Horses for Agriculture. Regulation 2T, and
the Sale of Horses Order (which together with the Memoranda
issued thereunder are printed pp. 335-339) prohibit the parting
with horses used in agriculture except with a licence granted by
an agricultural executive committee (see (11) below), the clerk
of the London County Council, or the town clerk of a county
borough.
(10) Information on Cesser of Agricultural Employment.
Regulation 41AAA and the Agricultural Employment Order
(p. 340) provide that notice of such cesser shall be given by the
employer to the secretary of an agricultural executive committee.
(11) Agricultural Executive Committees. These bodies, who
consist of certain members appointed by the War Agricultural
Committee of each county council, together with additional
members appointed by the Board of Agriculture and Fisheries,
were originally constituted by the Cultivations of Lands Order,
1917 (p. 259 of the Defence of the Realm Manual, February 1917
Edition) and now derive their powers from the Cultivation of
Lands Order, 1918 (Addenda, p. 617), which takes the place of
the earlier Orders and was mode under Regulation 2M (Addenda,
p. 620) as to which, see (3) above. Their powers are exercisable
throughout their administrative county and also within any
county boroughs, surrounded wholly or partly by the county, i
that borough's council consent. (See the Cultivation of Lands
(County Boroughs) Order, 1917, Addenda, p. 627.)
The '1918 Order like its predecessors provides for the proceed-
ings, &c., of Executive Committees, and these and questions
relating to sub-committees, staff, and accounts and expenses of a
Committee, and to office accommodation, supply of maps, utilii
tion of valuation records, insurance, &c., are explained and
dealt with in detail in Circulars and Memoranda of the Board
of Agricultural and Fisheries which are all embodied in 1
Summary Drinted pp. 277-291.
The 1918 Order delegates to Executive Committees all the
powers conferred on the Board by Regulation 2M in its amended
form (Addenda, p. 620) eyrert thoe relating to the prohibition
of pprtimlnr crops (par. (ece^), extermination of tenancies (/),
certain provisions as prevention of floods and improvement
Improved Cultivation in Scotland.
now of water and increase of drainage rates (pars. (&), (/), (m),
(n) ),aiid the requiring' of returns from individuals as to cultiva-
tion, crops, and livestock (par (o) ) which are reserved for direct
exercise by the Board ; as to the determination of tenancies, see
Memorandum pp. 300-303. The provision of the new Order,
under which the Committee cannot take possession of any
inhabited dwelling house without the further consent of the
Board, are explained by the Circular accompanying it (Addenda,
p. 624).
The powers of the Committees as to inspecting, directing' culti-
vation of, taking possession of and letting' of land, and of under-
taking manuring, and their position as to payment of tithe,
rates, and taxes were dealt with by various Memoranda of the
Board all of which are comprised in the Summary, pp. 292-299.
A further Memorandum (pp. 301-306) relates to compensation
claims in consequence of action taken by Executive Committees ;
it would appear that a claim in consequence of reduction of hop
acreage is not sustainable (p. 318).
Besides these general cultivation powers the Committees con-
sider applications for licences for exemption from the hop-acreage
restrictions (see (5) p. xxii above).
They can also authorise:
the entry on land to see that the restrictions as to rearing
of pheasants are complied with (pp. 323, 324) ;
the killing and disposal of by an occupier, or the person
having the shooting rights, of pheasants in or out of the close
season (pp. 324-327) ;
the entry by their nominees into a rookery to kill the
rooks (pp. 328,' 329) or upon land to kill the rabbits (pp. 331 ,
332);
by licence, the sale of horses by farmers (pp. 335-338).
5. IMPROVED CULTIVATION IN SCOTLAND.
< v l) Provisions now in force,
p. xxiv.
(2) Cultivation of lands \n
Towns, p. xxv.
(3) Improved Cultivation (jenet
ally, p. xxv.
(4) Keeping of Pigs, p. xxv.
(5) Destruction of Deer, Birds,
Hares, Rabbits, Vermin
and Pests, p. xxvi.
(6) Destruction of Stray Dogs,
p. xxvi.
(7) Supply of Horses for Agri-
culture, p. xxvi.
(8) Information on Cesser oj
Agricultural Employment,
p. xxvi.
(9) District Agricultural Execu-
tive Committees, p. xxvi.
(1) Provisions now in force. The provisions as to improved
cultivation for the purpose of encouraging and maintaining food
supply in Scotland now (January 31st, 1918) in force are con-
tained in Regulations 2L, 2M, 2x, 2o, 2Q, 2n, 2s, 2x and 4L\AA
of the Defence of the Realm Regulations which confer extensive
powers on the Board of Agriculture for Scotland. The specified
Regulations in the form in which they on October 21st last
applied in Scotland, are printed in Part VI. hereof. Since that
Improved Cultivation in Scotland.
Part of this Manual was printed, Regulation 2M lias been con-
siderably amended for its present (January 31st, 1918) form
see p. 629 of Addenda hereto.
The powers of the Board under the said Regulations will cease
to operate with respect to matters dealt with Part IV. of the Corn
Production Act (pp. 216-221) on August 21st, 1918, or on the
termination of tKe'War (whichever is the earlier), and therefrom
Part IV. of the said Act will, with certain modifications, come
into operation in Scotland (ss. 11 (3), 18 (1) (a] (a) (h) of the
Act, p". 220, 224, 225).
(2) Cultivation of lands in Towns. Regulation 2i, as amended
and applying to Scotland (p. 343) empowers the Board of
Agriculture for Scotland to enter on any land whether
occupied or unoccupied without the owner's 01 occupier's consent,
and cultivate the land or arrange for its cultivation. The
compensation payable to a cultivator under such an arrangement
is settled by the Board ; that payable on the determination of
the occupation is determined by an arbitrator under the Scottish
Agricultural Holding Act. The Cultivation of Lands (Scotland)
Order, 1917, No. 2 (p. 345), like the 1918 Order (Addenda, p. 621)).
which takes its place, delegates to Town Councils the Board's
powers under Reg. 2L save that Councils may not enter on
occupied land without the written consent of the occupier or the
sanction of the Board. The provisions of the Order are employed
chiefly for the purpose of growing potatoes and other vegetables
upon small plots by members of the working classes for consump-
tion by their families: in the vicinity of mining villages, &<.,
Parish Councils co-operate for the same purposes (see Board's
Memoranda, pp. 346-349). (a)
(3) Improved Cultivation Generally Regulation 2M (as to
which in its now extended form, see Addenda, p. 629) comprises
the most important part of the cultivation provisions in force in
Scotland. It empowers the Board of Agriculture for Scotland to
inter alia take possession of under-cultivated land and adapt it
for cultivation, take possession of agricultural machinery farm
produce and live stock, provide farm buildings, prohibit growing
of particular crops, determine tenancies, require returns from
individual farmers, direct cultivation inconsistent with contract
of tenancy. The regulation also empowers an occupier to set fire
to heaths" or muirs. The Board's powers under Regulation 2M
are largely exercised through District Agricultural Executive
Committees, as to whom see (9) below. It is to be observed thai
paragraphs (ee) (fencing and ditching by occupiers) and (//)
(n) (drainage) of the Regulation have no application in Scotlam
(see Addenda, p. 629).
The main "cultivation" Regulations (2L, 2n) outlined above
are followed by supplemental ones directed to allied subjects
these call for but brief mention here.
(4) Keeping of Pigs. Regulation 2o (p. 368) empowers n
public health local authority, who have issued restrictive bye-
laws, to permit the keeping of pigs notwithstanding the same.
(a) AMENDMENT or REGULATION 2N. This Regulation (p 344) which
relates to unlawful entry, &c, on land occupied under Reg 2i,, has been sub-
sequently amended, and as so amended is reproduced m the January (Monthly
Edition of the D.R. Regulations.
txvi District Agricultural Executive Committees in Scotland.
(5) Destruction of Deer, Birds, Hares, Rabbits, Vermin and
Pests. Eegulations 2d, 2n (pp. 369, 370) empower the Board 01
Agriculture tor Scotland or their delegates to take action for
preventing injury to crops or trees or wastage of pasturage by
deer, birds, hares, rabbits or vermin and pests and to authorise
the killing and sale of birds, hares or rabbits when the same
would otherwise be unlawful, or for securing migratory birds for
food supply, and the manner of disposal of the birds, hares or
rabbits.
The various Orders and Memoranda which have been issued
under these powers are printed, pp. 369-375. Thereby provision
is made for the killing- of deer, grou.se and black game, and
rabbits.
Regulation 2K, ceases to operate in Scotland on August 21st,
1918, or the termination of the War as regards the destruction
of rabbits or vermin and the powers of section 10 of the Corn
Production Act (p. 219) then takes its place.
(6) Destruction of Stray Dogs. Regulation 2s (p. 376) extends
the powers of the Dogs Act, 1906, on this subject.
(7) Supply of Horses for Agriculture. Regulation 2T (p. 377)
prohibits the parting with horses used in agriculture except with
a licence of the Board of Agriculture for Scotland.
(8) Information on Cesser of Agricultural Employment.
Regulation 41AAA and the Agricultural Employment (Scotland)
Order (p 378) provide to whom notice of such cesser shall be given
by the employer.
(9) District Agricultural Executive Committees. No Older
corresponding to the English Cultivation of Lands Order, 1918
(see 4 (11), p. xxiii, above) has (January 31st, 1918) been
made by the Board of Agriculture for Scotland under Regulation
2M (Addenda p. 629), but District Agricultural Executive Com-
mittees have been formed for the local government districts in
most of the Scottish counties. Such Executive Committees,
being elected by the District Agricultural Commitees which were
set up under arrangements made by the Board in pursuance of
the 1st Report of the Scottish Food Production Committee (see
1 (1), p. xiv, above).
The powers of the Board under Regulation 2n are exercised in
consultation with and largely through the agency of these District
Executive Committees.
The constitution, executive officer and other staff, and travel-
ling and other expenses of the Executive Committees were dealt
with by the first portion of the Board's Circular of February 14th,
1917 (pp. 356-8), and the Committee's powers under Regulation
2n in the latter portion of the same Circular (pp. 358-361).
Further Circulars of the Board (pp. 361-367) are directed to
the organisation of local committees, the supply for the use of
Committees of horses and agricultural machinery, increased
cultivation in 1918, compulsory orders, and the ploughing of a
larger area than that authorised by the lease.
The February 1917 Circular provides (p. 358) that applications
submitting " cultivation schemes " under Reg. 2n (2) inconsistent
with the contract of tenancy should be made in the first instance
to the Committees who also make recommendations to the Board
p. xxvin.
(7) Destruction of Stray Dogs,
p. xxix.
(8) Exportation of Horses* p.
XXIX.
Improved Cultivation in Ireland.
as to the issue of cultivation directions under Keg. 2M (1) ( e ) as
to entry on and taking possession of land under Beg. 2 M (1) (a}
(g), and as to all cases where compulsory action by the Board
seems needed (Memorandum June 8th, 1917, p. 363) Compensa-
tion claims come before the Defence of the Eealm (Losses)
Commission (pp. 359, 364, 366). These Committees also make
suggestions for preventing injury to crops, &c., by deer, birds
rabbits, &c.
6. IMPROVED CULTIVATION ix IRELAND.
(1) Provisions now in force, \ (o) Destruction of Birds, Hares,
P- xxvii. Babbits, Vermin and Pests,
(2) Improved Cultivation Gener-
ally, p. xxvii.
(3) Compulsory Tillage, p. xxviii.
(4) Drainage oj Lands, p. xxviii.
(5) Keeping of Pigs, p. xxviii.
(1) Provisions now in force. The enactments and regulations
now (January 31, 1918) in force in Ireland as to Improved
Cultivation for the purpose of encouraging and maintaining food
supply differ widely from those in force in Gieat Britain. Irish
cultivation is now regulated by two distinct sets of provisions.
viz., Regulations L, 2M, 2x, 2o, 2r, 2n, 2s and 2T of the
Defence of the Realm Regulations as adapted to and applying in
Ireland, and Part IV. as supplemented by s. 18 (2) (a) (d) (/) (g)
and Schedule III. of the Corn Production Act (pp. 216-221, 224-
227, 231-233). Both the said Regulations and the said enact-
ments of the Act are (unlike the case in Great Britain) con-
currently in force in Ireland, and both confer extensive powers
on the Department of Agriculture and Technical Instruction
for Ireland. The specified Regulations in the form in which they
on October 21st last applied in Ireland, are printed in Part VII.
hereof. Since that Part 01 this Manual was printed, Regulation
2M has been considerably amended, in particular as regards
Ireland by the addition to sub-section (1) of paragraph (k) to (71)
relating to improvement of flow of water, prevention of flooding r
&c. (as to which see (4) below) for its present (January 31, 1918)
form, see p. 630 of the Addenda.
(2) Improved Cultivation Generally. In its application t<>
Ireland, Regulation 2L takes a wholly different term (see p. 381.
where it is printed as so applying) to that in which it applies in
Great Britain and has different objects in view. Thereunder the
Department of Agriculture and Technical Instruction for Ireland
can enter on land, without the owner's or occupier's consent,
in the case of land which is or was on November 29th, 1916,
unoccupied or is land of certain specified characters, but in
the case of other land only with both owner's and occupier's
consent, and cultivate the 'same or arrange for its cultivation
The compensation payable to a cultivator under such an arrange
inent is settled by the Department. (a )
(a) AMENDMENT OF REGULATION 2N. This Regulation (p 382) which
relates to unlawful entry, &c., on land occupied under Reg. 2L., has been sub-
sequently amended, and as so amended is reproduced in the January (Monthly)
Edition of the D.R. Regulations.
Improved Cultivation in Ireland.
Under Section 9 of the Corn Production Act (p. 216) as applied
to Ireland by Section 18 (2) (a), (d), (/) the Department of Agri-
culture, &c., may serve notice on an occupier requiring him to
cultivate his land in accordance with their directions : if the
occupier is aggrieved he may require the question to be referred
to the Irish Land Commission.
The provisions of Section 9 (3) (p. 217) as to determination of
tenancies have no application in Ireland (see Section 18 (2) (/)
(iii), p. 227).
(3) Compulsory Tillage. Both the Defence of the Realm
Regulations (Regulation 2p, p. 396) and the Corn Production
Adt [(Schiejdule III., pp. 231-233) contain provisions on this
matter which have neither present nor future application in
Great Britain. Regulation 2p imposes on the occupier of arable
land to cultivate a certain proportion of his holding. By
Declaration of the Department of Agriculture (p. 398) certain
classes of holdings have been excepted from the Regulation.
The Department's Memoranda explaining the effect of the
Regulation and the exemption are printed pp. 399-403.
Schedule III. of the Corn Production Act provides for the
cultivation of the ' ' minimum tillage portion ' ' as prescribed and
defined by Orders of the Department such portion to in no case
exceed half the holding. The Tillage (Ireland) General Order,
1918, and the Tillage (Ireland) Racecourses and Golf Links Order,
1918, which accordingly define the "minimum tillage portion"
of a holding are printed in the Addenda (pp. 612-615).
(4) Drainage of Land. The only provisions of Regulation 2M
(from which in Great Britain the main existing '" cultivation "
powers are derived) which are in force in Ireland are those
relating to drainage, and the prevention of flooding, &c. (see
Addenda, p. 630). Paragraphs (li) to (n) of subsection (1) of
the Regulation confer powers on the Department of Agriculture,
&c., as to these matters, and empower them to increase the amount
where the amount of a rate leviable by a drainage authority is
limited by local Act to increase its amount.
The " cultivation " and compulsory tillage Regulations (2r,
2n, 2p) outlined above are in the Defence of the Realm Code
grouped with others directed to allied subjects ; these call for but
brief mention here.
(5) Keeping of Pigs. Regulation 2o (p. 395) empowers a
public health local authority, who have issued restrictive bye-
laws, to permit the keeping of pigs notwithstanding the same.
(6) Destruction of Birds, Hares, Rabbits. Vermin and Pests.
Regulation 2& (p. 404) empowers the Department of Agriculture,
&c., for Ireland or their delegates to take action for preventing*
injury to crops or trees or wastage of pasturage by birds, hares,
rabbits or vermin and pests and to authorise the killing and
sale of birds, hares or rabbits when the same would otherwise be
unlawful or for securing migratory birds for food supply and
the manner of disposal of birds, hares or rabbits.
Section 10 of the Corn Production Act (p. 219), which as stated
above is in Ireland in force concurrently with Regulation 2E,
Trial of Food Offences under the Regulations.
confers similar powers on the Department, but as to rabbits and
vermin only.
(7) Destruction of Stray Dogs. Regulation 2s (p. 405) extends
the powers of the Dogs Act, 1906 011 this subject.
(8) Exportation of Horses. Regulation 2i, as applying to
Ireland (p. 406) empowers the Department of Agriculture, &c., to
prohibit the exportation of horses from Ireland. The Order
made July 14th last (p. 406) under this power was withdrawn as
from February 1st, 1918, by Order of January 26th (St. R. & 0.,
1918, No. 136).
V. Trial and Punishment of Offences as to Food Supply or Production.
1. Trial of Offences under the
Regulations, p. xxix.
2. Salient Features of Summary
Prosecution provisions, p.xxx.
1. TRIAL OF OFFENCES UNDER THE REGULATIONS.
Part IX. of this Manual comprises all those of the Defence of
the Realm Regulations which i elate to this matter. Those
Regulations declare the contravention of particular Regulations
or Orders thereunder to be a ' ' summary offence ' ' and provide
(Reg. 56 (2) ) that a person alleged to be guilty of an offence so
declared to be a " summary offence" shall (if not subject to
the Naval Discipline Act or to military law) be tried by a court
of summary jurisdiction and not otherwise.
A contravention of any of Regulations 2F to 2j (printed in
Part I.) conferring powers on the Food Controller or of his
orders thereunder; or
A contravention of Regulations 2L to 2T (printed as
applying in England and Wales, Scotland and Ireland
respectively in Parts V., YI. and VII.) conferring powers
on the three Agricultural Departments, or of their orders
thereunder,
is so declared to be a " summary offence."
A contravention of Regulations 2B or 2E (pp. 5, 6, which confer
011 the Admiralty, Army Council, Minister of Munitions and
Food Controller powers which so far as regards food supply are
concurrent) or of an order of any one of those Departments
thereunder, and the improper disclosure of information as^to an
invention or process under Reg. 8cc (p. 14) are " offences " and
therefore not being declared to be a "summary offence" may
fall to be tried either by a Court of summary jurisdiction, or by
court-martial, or by a civil court with a jury as the designated
authority may decide. (See Introductory Note to Part IX.
(P- 409)).
The vast majority of prosecutions for contraventions of JJood
Regulations and Orders are before Courts of Summary Juris
diction. In view of this, the Defence of the Realm Regulations
relating solely to Summary Trial and Punishment have in this
Manual been arranged in a separate group and severed from
those which relate solely to the other two modes of tnal; mis-
cellaneous provisions as to offences which are common to all
modes of trial being brought together as a fourth group.
Under this plan only sections 1 (Trial and Punishment by
Courts of Summary Jurisdiction) and 4 (Miscellaneous Provisions
Salient Features of Summary Prosecution provisions.
as to Offences) of Part IX. of the Manual affect or need be referred
to by those concerned with prosecutions before Courts of Summary
Jurisdiction . (a)
The Trial and Prosecution Regulations as so printed in this
Manual are accompanied by full Editorial Notes which give
information, inter alia, as to the constitution of the various
courts of summary jurisdiction and their areas of jurisdiction.
2. SALIENT FEATURES OF SUMMARY PROSECUTION PROVISIONS.
The following is an outline of the more salient features of the
Regulations as regards summary prosecutions.
1. FORUM. The question of how an offence not declared to be
a summary offence shall be tried is determined as provided by
Reg. 56 (pp. 411, 412, 418-420).
2. VENUE. The " determining place " may be taken as either
that at which the offence was committed, or that in which the
offender may be (Reg. 58, p. 416).
3. WHO MAY PROSECUTE. In England and Ireland an offence
may not (without the consent of the Attorney-General) be prose-
cuted summarily except by a food control committee or by certain
official persons (Reg. 56 (11), p. 414). In Scotland all prose-
cutions in the Sheriff Court (which is the court for the trial of
summary offences (Reg. 58, p. 416) proceed at the instance of,
and are conducted by, the procurator-fiscal.
4. CLAIM TO TRIAL BY JURY. This cannot, notwithstanding
s. 17 of the Summary Jurisdiction Act, 1879, be claimed in a
case triable summarily (Reg. 58, p. 416).
5. PUNISHMENT. The maximum sentence may be six months'
imprisonment with or without hard labour and a fine of 100 and
forfeiture of any goods in respect of which the offence was
committed (Reg. 58, p. 416^.
6. APPEALS. An appeal from a summary conviction lies-
(a) In England or Wales to quarter sessions, or to the High
Court (i.e., to a Divisional Court of the King's Bench
Division) by special case on the ground that the con-
viction is erroneous in point of law, or is in excess of
jurisdiction (42 & 43 Viet. c. 49, s. 33) ; but an appeal
by special case is an abandonment of the right of appeal
to quarter sessions " finally and conclusively and to
all intents and purposes " (20 & 21 Viet. c. 43, s. 14).
The decision of quarter sessions in the one case and the
Divisional Court in the other is final and conclusive.
(b) In Scotland by stated case to the High Court of Justiciary
(8 Edw. 7, c. 65. ss. 60-76) or by " any other compe-
tent mode of appeal/' see s. 76 of that Act. There is
no appeal " on the merits " in any case, nor any
further appeal from the High Court of Justiciary.
(c) In Ireland to quarter sessions, or by special case on point
of law to the High Court.
(a) AMENDMENT OP REGULATION 51. This Regulation (p. 434^ reproduced
as amended in the January (Monthly) Edition of the D.R. Regulator s. now
provides that the power to order destruction, &c., of articles seized on search is
exercisable by the "competent authority" or the "chief officer of police,"
but in either case subject to certain Departmental consents.
Proof and Construction of Food Regulations and Orders; Effect
of Departmental Requirements on Contracts.
VI. Proof and Construction of Food Regulations and Orders.
The Acts constituting- the Ministry of Food, the Board of
Agriculture and Fisheries, and the Department of Agriculture
and Technical Instruction for Ireland respectively make provision
for the reception in evidence of Orders which are under seal
authenticated by certain signatures, -or signed by certain persons.
See as to the
Food Ministry (6 & 7 Geo. 5, c. 68, s. 11 (2) (3) ) (p. 3).
Board of Agriculture and Fisheries (52 & 53 Viet. c. 30,
s. 7 ; 3 Edw. 7, c. 31, s. 2 (2) ).
Department of Agriculture, &c., for Ireland (62 & 63 Viet.
c. 50, s. 21).
The Documentary Evidence Acts, which as amended and
applied to any of the Departments connected with food legislation
are reproduced as Section 1 of Part X. of this Manual, provide
that primd facie evidence of Oiders in Council and of the Orders
of any of the Departments within the scope of those Acts may
also be given by the production of copies thereof printed " Under
ihe Authority of H.M.'s Stationery Office." This Manual i?
printed under that Authority, and the Orders therein printed are
evidence accordingly.
Regulation 63 of the Defence of the Realm Regulations applies
the Interpretation Act, 1889, for the purpose of the interpreta-
tion of the Regulations and of all Orders thereunder. The effect
of that application would seem to be as stated in the Editorial
Note on p. 440, where Regulation 63 is printed. Regulations 64
to 66 (pp. 440, 441) make further provision for the construction
of the Defence of the Realm Regulations.
VII. Effect of Requirements or Restrictions of the Pood Controller,
and of the Agricultural and other Departments, on Contracts.
The provisions on this subject form Part XI. of this Manual.
They may be thus briefly stated in outline :
1. COMPLIANCE WITH REQUIREMENT GOOD DEFENCE TO ACTION
?OR N ^-FULFILMENT OF CONTRACT. It is a good defence to
proceedings for the non-fulfilment of a contract that the
defendant :
(a) was tinder the necessity of complying with a requirement,
restriction, or regulation of the Food Controller under
the Defence of the Realm Regulations (5 Geo. 5,
c. 37, s. 1 (2), as amended by Food Controller (Con-
current Powers) Order, p. 445) ; or
(b) complied with any such requirement, &c., regulation,
order, restriction, direction or advice imposed or given
in connection with the present war except so far as a
contract of tenancy might be affected (7 & *
c. 25, s. 3, p. 445).
2 POWERS OF COURT TO SUSPEND OR ANNUL CONTRACT. Where
on the application of any party to any contract the Court is
satisfied that owing to any restriction imposed by or under the
Defence of the Realm Regulations any term of a contract cannot
be enforced without serious hardship the Court can suspend or
Outline of Auxiliary ami Applied Legislation.
annul the contract on such conditions as it thinks fit (T & 8 Geo 5
c. 25, s. 1 (2) (3), p. 443).
3. RELIEF AS BETWEEN LANDLORD AND TENANT IN RESPECT OF
OBLIGATIONS. Parties to contracts of tenancy are temporarily
relieved from liability to mandatory orders/ injunctions, pay-
ments and forfeitures for not doing or doing acts or things which
such contracts bound them to do or not to do if such not-doing
or doing was consequential on the Defence of the Realm Regula 5 -
tions (7 & 8 Geo. 5, c. 25, s. 2, p. 444).
4. ABROGATION OF CONTRACTS BY FOOD CONTROLLER'S ORDER.
An order of the Food Controller may direct that all contracts or
any class of contracts, or any special contract, affected by the
order shall be abrogated, or shall remain in force notwithstanding
anything in the order but subject to any exceptions or modifica-
tions for which provision may be made by the order. (Defence of
the Realm Regulations 2j (3), p. 12; Index to this Manual sul-
voc. "Contracts."}
VIII. Auxiliary and Applied Legislation.
It has been attempted to include in this Manual all the legis-
lative and relative documents which the necessity for
" encouraging and maintaining the food supply of the country '
has produced. That legislation chiefly consists of the Food
Supply powers of the Food Ministry and the Food Production
provisions of the Corn Pi od action Act and of the Defence of the
Realm Regulations; they form the first eight Parts of this
Volume, and the earlier portions of this Introduction give an
outline of them and of the connected provisions as to prosecutions,
evidence, and contracts.
In the Appendixes will be found various other documents con-
nected with food supply and production. Foremost amongst
these is His Majesty's Proclamation as to economy in the ^se
of Grain (Appendix I., p. 449). The Maintenance of Live Stock
Acts and Orders form Appendix III. (pp. 453-464), and the Output
of Beer (Restriction) Acts have been reproduced in consolidated
form as Appendix V. (pp. 470-474). Appendix II. (pp. 450-452)
contains a summary of the Rules and Directions which have been
issued to Institutions with the object of bringing their dietaries
within the Food Controller's scale, and Appendix IV". (pp. 465-
469) the regulations for the sale of Government Imported Cheese
and Meat.
The legislation of the last 50 years has on the occasions of the
creation of new Ministerial offices extended by a series of enact-
ments the list of those Offices of Profit immediate succession
from one to the other of which does not (under legislation of 1867
and 1868) vacate a seat in the House of Commons. Since the
outbreak of war, 7 new Offices have been added to the list, and
certain Ministerial Offices existing in 1867 are now obsolete. It
has therefore been considered convenient to reproduce the list in
question as Appendix VII. (pp. 510, 511) to this Manual in the
form it now appears to assume.
Outline of Auxiliary and Applied Legislation.
In the same Appendix will also be found (p. 511) the recent
enactment which relieves a member of the House of Commons
from disqualification where property of his is requisitioned by a
Department.
The last Appendix VIII. (p. 512) contains provisions as to
payment and allocation of fines and fees in England and Wales.
Appendix VI. (pp. 475-509) consists of an epitome of Acts and
Orders which, though not forming' part of the Food Supply und
Production Legislation in its strictest sense which is given in
extenso in the body of this volume, are connected therewith.
Therein will be found highly condensed summaries of the
Allotments, Small Holdings, Land Settlement, Destructive
Insects and Pests, Diseases of Animals, Fertilisers and Feeding
Stuffs and Sale of Food Drugs Acts and Orders. Such summaries
are designed to do no more than indicate what legislation of those
respective classes is now in force.
The numerous Orders made by the Admiralty, Army Council
and Minister of Munitions under the Defence of the Realm Regu-
lations requisitioning, restricting dealings in, and fixing
maximum prices for, various goods ,and commodities are all
printed in the " War Material Supplies Manual" now in the
press. But, with the object of as far as might be making this
present Manual embrace, or at least afford direct reference to, all
the legislation relative to Food Production, epitomes of such <>i
the " War Material " Orders as relate to agricultural machines
and vehicles, flax, hay and straw, manures, road material, and
home-grown timber, and wool have been included therein.
Sections T and 12 of the same Appendix VI. contain epitomes,
which while in the pi-ess have been revised to to-day's date, ol the
restriction on the exportation and the importation, respectively,
both of articles of food and commodities connected with its
production.
In the preparation of this Manual, as in the preparation of
all the various Manuals of Emergency Legislation which have
been published since the outbreak of the War, the Editor has been
in daily communication with the numerous Government Depart-
ments concerned, and has received from each and every such
Department constant assistance by the aid of which he has
attempted to make the information this Manual contains complete
and exhaustive.
For the plan of the Manual, the system of arrangement, and
the numerous consolidations, summaries, epitomes and editorial
notes that it contains, and for the outline of the food legislation
which is comprised in this Introductory Note, the Editor is alone
responsible.
Suggestions for improvements, or corrections called for, in any
of the Emergency Manual piiblicatioiis will be welcomed : these
should be addressed to the Editor ly name at his address as below.
3167
xxxiv Outline of Auxiliary and Applied Legislation.
ex
The publications are to be obtained as stated on the title page ;
communications as to the date of appearance, &c., of forthcoming
publications should be addressed to the Controller of His
Majesty's Stationery Office and not to the Editor.
ALEXANDEE PULLING.
Clumibers of the Editor of " The Manual:
of Emergency Legislation/ J
2, Harcourt Buildings,
The Temple, E.C.4.
January 31st, 1918.
IKXN1ST3.V OF
[Attention is directed to the Introductory Note at p. Hi which
states the scope and arrangement of this Manual.]
PART I.
CONSTITUTION AND POWERS OF THE
MINISTRY OF FOOD.
1. New Ministries and Secretaries
Act, 1916, so far as relates to
Ministry of Food, p. 1.
2. Powers of Food Controller
under Defence of the Realm
Regulations, p. 5.
1. The New Ministries and Secretaries Act, 1916 (6 & 7
Geo. 5. c. 68) so far as it relates to the Ministry of
Food.
An Act for establishing certain new Ministries and for the appoint-
ment of additional Secretaries or Under Secretaries in certain
Government Departments; and for purposes incidental thereto.
[22nd December 1916. J
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, 2. [These sections relate solely to the Ministry of Labour, ana
are therefore omitted from this Manual.^
MINISTRY OF FOOD.
3. For the purpose of economising and maintaining the food Establish
supply of the country during the present war, it shall be lawful ment of
for His Majesty to appoint a Minister of Food under the title of
Food Controller, who shall hold office during His Majesty's
pleasure.
4. It shall be the duty of the Food Controller to regulate the Powers and
supply and consumption of food in aiich manner as he thinks best duties of
for maintaining a proper supply of food, and to take such steps as
he thinks best for encouraging the production of food, and for
those purposes he shall have such powers or duties of any Govern-
ment department or authority, whether conferred by statute or
otherwise, as His Majesty may, by Order in Council, transfer to
him, or authorise him to exercise or perform concurrently with,
5 & 6 Geo. 5.
c. 8.
Officers, re-
muneration,
and ex-
penses.
Seal, style,
and acts of
Minister.
NdJ Ministries and Secretaries Act, 1916 (6 # 7 Geo. 5. c. 68).
or in consultation with, the Government department or authority
concerned, (a) and also such further powers as may be conferred
on him by regulations under the Defence of the Realm Consolida-
tion Act, 1914, and regulations may be made under that Act
accordingly, (b)
5-9. [These sections relate solely to the Ministry of Shipping
and the Air Board, and to the suspension of the limit on number
of Parliamentary Under Secretaries of State and of Secretaries of
Ministry of Munitions, etc., and are therefore omitted from this
Manual.]
GENERAL.
10. (1) Any Minister appointed under this Act may appoint
such secretaries, officers and servants as the Minister may
determine.
(2) There shall be paid out of moneys provided by Parlia-
ment to any Minister appointed under this Act .... an
annual salary not exceeding two thousand pounds, and to the
secretaries, officers and servants of each of the Ministers estab-
lished under this Act, such salaries or remuneration as the
Treasury may from time to time determine.
(3) The expenses of each of the Ministers established under
this Act, to such an amount as may be sanctioned by the Treasury,
shall be paid out of moneys provided by Parliament.
11. (1) Each Minister appointed under this Act may adopt
an official seal and describe himself generally by the style and
title .... in the case of the Minister of Food, of Food
Controller . ; and the seal of the Minister shall be
officially and judicially noticed, and shall be authenticated by
the signature of the Minister or of a secretary or some person
authorised by the Minister to act in that behalf.
(a) TRANSPEERED AND CONCURRENT POWERS OF FOOD CONTROLLER.
Under this provision two (and only two) Orders in Council have been made,
viz. :
(1) "The Food Controller (Concurrent Powers) Order, 1917" (St. R. &
O., 1917, No. 124), which amended s. 1 (2) of the Defence of the
Realm (Amdt.) (No. 2) Act, 1915 (relating to interference with
contracts) by giving the Food Controller concurrent powers there-
under. That sub-section as thus and otherwise amended is printed
in the form it now appears to assume in Part XT. (" Relief from
Liability under Contracts affected by Departments' Requirements or
Restrictions ") of this Manual, p. 36H.
(2) "The Food Controller (Transfer of Powers) Order, 1917" (St. R. &
0., 1917, No. 287), transferring to the Controller certain powers of
the Board of Trade as to Certificates authorising Brewing for
Military Canteens. That Order amends the Output of Beer Restric-
tion Acts which as thus amended are printed in the Consolidated
Form which they appear to assume as Appendix V. to this M anual.
(b) POWERS OF FOOD CONTROLLER UNDIR DEFENCE OF THE REALM
REGULATIONS. Such of these Regulations as confer express powers on the
Controller are printed pp. 5-14.
New Ministries and Secretaries Act, 1916 (6 # 7 Geo. 5. c. 68). 3
(2) Every document purporting to be an order or other
instrument issued by a Minister appointed under this Act, and
to be sealed with the seal of the Minister authenticated in
manner provided by this section, or to be signed by the secretary
or any person authorised as aforesaid, shall be received in
evidence and be deemed to be such order or instrument without
further proof, unless the contrary is shown.
(3) A certificate signed by a Minister appointed under this
Act, that any order or other instrument purporting to be made
or issued by him is so made or issued, shall be conclusive
evidence of the fact so certified.
(4) The Documentary Evidence Act, 1868, as amended by the 31 & 32 Viet.
Documentary Evidence Act, 1882, (a) shall apply to a Minister c. 37.
appointed under this Act in like manner as if that Minister 4 5&46Vict.
were mentioned in the first column to the Schedule of the first- C '
mentioned Act, or as if that Minister or a Secretary of the
Ministry, or any person authorised by the Minister to act on
his behalf, were mentioned in the second column of that
Schedule, and as if the regulations referred to in those Acts
included any document issued by the Minister.
(5) Where in connection with the undertaking of any duties
or powers by a Minister appointed under this Act, it appears
to the Minister and the department or authority concerned, that
in any notice, order, contract, or other document, the name of
the Minister should be substituted for the name of any depart-
ment or authority, or that the name of any officer of the Ministry
should be substituted for the name of any officer of any such
department or authority, the Minister may order that the sub-
stitution shall take effect, subject to any limitations contained
in the order, and, where such an order is made, the notice, order,
contract, or document, shall have effect in accordance with the
order.
12. (1) The office of a Minister appointed under this Act, Ability of
or of secretary in a Ministry established under this Act, shall Minister and
not render the holder thereof incapable of being elected to, or j^^
sitting or voting as a member of, the Commons House of Parlia- ment
ment, but not more than one secretary in each Ministry shall sit
as a member of that House at the same time.
(a) DOCUMENTARY EVIDENCE ACTS. These Acts as amended and applied
by various Acts provide three alternative modes of proving (inter alia) Orders
of the Food Controller. Those modes are the production of (1) a copy of the
Gazette, (2) an officially printed copy of the Order or (3) a certified copy or
extract .
One of the objects of the Rules Publication Act, 1893, was to avoid unneces-
sary gazetting (see s. 3 (3) thereof), and accordingly none of the Orders of the
Food Controller have been published in the London Gazette, but have all
been officially printed as " Statutory Rules and Orders."
This Manual comprises officially printed copies of all the Orders of the Food
Controller in force, and any such Order may accordingly be proved by the
production of this Manual, or of a separate Statutory Rule and Order copy of
the Order.
So much of the Documentary Evidence Acts as relates to the reception in
evidence of any of the Orders printed or noted in this Manual is printed as
Part X (1) ("Proof of Regulations Orders and Documents") of this Manual
in the form which as applying to that matter it appears to assume.
167
A 2
New Ministries and Secretaries Act, 1916 (6 # 7 Geo. 5. c. 68).
30 & 31 Viet (2) The office of a Minister appointed under this Act shall
c. 102. b e deemed to be an office included in Schedule H. of the
31J3S ict. Representation of the People Act, 1867, and Schedule H. of
the Representation of the People (Scotland) Act, 1868, and
31 & 32 Viet. Schedule E. of the Representation of the People (Ireland) Act,
1868. (a)
(3) A Minister appointed under this Act shall take oath of
allegiance and official oath, and shall be deemed to be included
31 & 32 Viet. i n the First Part of the Schedule to the Promissory Oaths Act,
1868. (b)
c. 72.
Cessation of
Ministry of
Food.
Orders in
Council.
Short title.
13. The office of Food Controller .... and the Ministry of
Food .... shall cease to exist on the termination of a period
of twelve months after the conclusion of the present war, or such
earlier date as may be fixed by His Majesty in Council, and then
any appointments made under the powers conferred by this Act
shall be determined, and any powers or duties which have been
transferred to the Food Controller .... under this Act shall,
without prejudice to any action taken in pursuance of those
powers or duties, revert to the department or authority from
which they were transferred.
14. (1) Any Order in Council made for the purposes of this
Act may be added to, varied, or revoked by a subsequent Order
in Council.
(2) Where any powers and duties are tranferred by virtue
of this Act, the transfer shall take effect as from a date to be
fixed by Order of His Majesty in Council, and different dates
may be fixed for different powers and duties.
15. This Act may be cited as the New Ministries and
Secretaries Act, 1916.
(a) NON-VACATION OF SEAT IN PARLIAMENT ON ACCEPTANCE OF ANOTHER
OFFICE. The effect of this enactment is to add the new offices to the list of those
offices immediate succession from the one to the other of which does not vacate
a seat in the House of Commons. The list as enacted in 1867 and 1868 for
England, Scotland, and Ireland was in identical terms, but on the one hand it
has been extended by numerous enactments, and on the other certain Ministerial
Offices existing in 1867 are now obsolete. It has therefore been thought con-
venient to print that list in its present form as Appendix VII (1) to this Manual.
(b) OFFICERS BY WHOM THE OATHS ARE TO BE TAKEN. The effect of this
enactment is that the oaths are to be tendered to the Food Controller by the
Clerk of the Council and taken in the presence of His Majesty in Council or
otherwise as His Majesty shall direct.
Powers of Food Controller as to Taking Possession of Food.
2. Powers of Food Controller under Defence of the
Realm Regulations.
EDITORIAL NOTE. The whole of the Defence of the Realm Regulations
reproduced under the authority of Regulation 64 as one single Consolidated
Code (which by successive additions now comprises over 200 Regulations), and
revised to the last day of each month, are published at the commencement of
the ensuing month. In " the Defence of the Realm Manual," which will hence-
forward be issued at half-yearly intervals, the Regulations are accompanied by
full editorial notes, by the full text of both the enabling Acts and of the
Departmental Orders made under the Regulations with full notes, and by an
analytical index to the whole of the Defence of the Realm Legislation.
This Food Supply Manual comprises only those of the Regulations which
relate expressly to food and the encouragement and maintenance of the food
supply of the country, or to the trial and prosecution of persons contravening
such provisions or the Departmental Orders made thereunder. This present part
of the Manual is confined to the powers of the Food Controller ; the remainder
of the Regulations falling within the Manual's scope, will be found in subsequent
Parts.
DEFENCE OF THE REALM REGULATIONS B, 2E, 2v, 2a, 2GG, 2n, 2j,
7, 8C, AND 8CC CONFERRING POWERS ON THE FOOD CON-
TROLLER^) AS AMENDED TO OCTOBER 21ST, 1917.
2 B . It shall be lawful for the Admiralty or Army Council Power to
or the Minister of Munitlons(b) fa> take possession of any war take posses^
material, food, forage and stores of any description and of any &c
articles required for or in connection with the production thereof.
Where any goods, possession of which has been so taken, are
acquired by the Admiralty or Army Council or the Minister of
Munitions, the price to be paid in respect thereof shall in default
of agreement be determined by the tribunal by which claims for ^
compensation under these regulations are, in the absence of any
express provision to the contrary, determined.
In determining such price regard need not be had to the market
price but shall be had
(a) if the goods are acquired from the grower or producer
thereof, to the cost of production and to the rate of
profit usually earned by him in respect of similar
goods before the war and to whether such rate of profit
was unreasonable or excessive, and to any other cir-
cumstances of the case ;
(a) CONSULTATION WITH FOOD CONTROLLER AS TO EXERCISE OF CERTAIN
LAND CULTIVATION POWERS. Regulation 2M (1) (printed as 2 (1) of Part Y
of this Manual, in the form in which it applies to England and Wales, and as
9 m of Part VI thereof, in the form in which it applies to Scotland) provides
that the powers of the Board of Agriculture and Fisheries, and of the Board of
for Scotland as to land not cultivated so as to increase food supply
after such consultation with the Food Controller as may be
POWERS OF ADMIRALTY, ARMY COUNCIL AND MINISTER OF
MUNITIONS. As to these powers see Part VIII of this Manual.
Ct Powers of Food Controller, fyc., to Regulate Manufacture or
Dealings in Food.
(b) if the goods are acquired from any person other than the
grower or producer thereof, to the price paid by such
person for the goods and to whether such price was
unreasonable or excessive, and to the rate of profit
usually earned in respect of the sale of similar goods
before the war, and to whether such rate or profit was
unreasonable or excessive, and to any other circum-
stances of the case; so, however, that if the person
from whom the goods are acquired himself acquired
the goods otherwise than in the usual course of his
business, no allowance, or an allowance at a reduced
rate, on account of profit shall be made :
Provided that where by \irtue of these regulations or any order
made thereunder the sale of the goods at a price above any price
fixed thereunder is prohibited the price assessed under this regu-
lation shall not exceed the price so fixed.
If, after the Admiralty or Army Council or the Minister of
Munitions have issued a notice that they have taken or intend to
take possession of any war material, food, forage, stores or article
in pursuance of this regulation, any person having control of any
such material, food, forage, stores or article (without the consent
of the Admiralty or Army Council or the Minister of Munitions)
sells, removes, or secretes it, or deals with it in any way contrary
to any conditions imposed in any licence, permit, or order that
may have been granted in respect thereof, he shall be guilty
of an offence against these regulations.
The Food Controller may, as respects articles to which his
powers under Regulations 2r to 2j extend, exercise the like powers
as are by this regulation conferred on the Admiralty, Army
Council, and Minister of Munitions. (a)
Power to 2 E . The Admiralty or Army Council or the Minister of Muni-
regulate tions may by order regulate, restrict, or prohibit the manufacture,
manufacture purchase, sale, delivery of or payment for, or other dealing in,
j IPIJ> % j j.
an y war material, food, forage, or stores of any description or
any article required for or in connection with the production
thereof, (b) and if any person refuses to sell any article, the sale
whereof is regulated by any such order, he may be required by the
Admiralty or Army Council of the Minister of Munitions to sell
it on the terms and subject to the conditions on and subject to
which the sale thereof is authorised by the order and to deliver it
to them or to any person or persons named by them, delivery to be
made in such quantities and at such times and places as may be
specified by them or on their behalf.
or dealings m
food &c
(a) TAKING POSSESSION OF GROWING CROPS. Regulation 2s is valid and
under it any of the Departments on whom it confers specific powers can give a
valid notice to take possession of growing crops when gathered. See Lipton
Limited v. Ford : 116 Law Times Report* 632 ; 33 Times Lam Reports 459. It
would seem (see view expressed by Atkin, J.) that the Regulation does not
authorise the Departments to send men to gather the crops themselves.
(b) FOOD POWERS OF ADMIRALTY, ARMY COUNCIL, AND MINISTER OF
MUNITIONS. As to these powers, see Part VIII. of this Manual.
Powers of Food Controller as to maintenance of Food
Supply.
If any person fails to comply with any provision of any such
order or any requirements made thereunder, or aids or abets any
other person, whether or not such person is in the United King-
dom, in doing anything which, if done in the United Kingdom,
would be a contravention of any such order, he shall be guilty of
an offence against these regulations.
The Food Controller may, as respects articles to which his
powers under Regulation 2r to 2j extend, exercise the like powers
as are by this regulation conferred on the Admiralty, Army
Council, and Minister of Munitions.
2 F . (1) The Food Controller may make orders(a) regulating, Powers of
or giving directions with respect to the production, manufacture, Food Cou -
treatment, use, consumption, transport, storage, distribution, tro ! ler as to
supply, sale or purchase of , or other dealing in, or measures to be ^food 1
taken in relation to any article(b) (including orders providing for supply.
the fixing of maximum and minimum price) where it appears
to him necessary or expedient to make any such order for the
purpose of encouraging or maintaining the food supply of the
country, and making such provisions as to entry, inspection, or
otherwise as appear to him necessary or expedient for the purpose
of his duties.
(2) The Food Controller may by order require all or any persons
owning or having power to sell or dispose of any article, or any
stocks thereof, to place at the disposal of the Controller the article,
or the whole or any part of the stocks thereof, as may be directed
by the Controller, on such terms as he may direct, and to deliver
to the Controller or to any person or persons named by him the
article or stocks in such quantities and at such times as the Con-
troller may require, where it appears to him necessary or
expedient to make any such order for the purpose of encouraging
or maintaining the food supply of the country.
Such compensation shall be paid for any article or stocks so
requisitioned as shall, in default of agreement, be determined by
the arbitration of a single arbitrator appointed in manner pro-
vided by the order ; but in determining the amount of the compen-
sation the arbitrator shall have regard to the cost of production
of the article and to the allowance of a reasonable profit, without
necessarily taking into consideration the market price of the
article at the time.
(a) ORDERS OF THE FOOD CONTROLLER. The Orders of the Food Controller
under Eeg. 2F in force on October 21st, 1917, are printed in Part II. of this
Manual at pp. 21-186. As to proof of Orders of the Food Controller, see
Part X. of this Manual, and as to Relief from Liability under Contracts affected
by such Orders, see Part XI. thereof.
(b) " ARTICLE." This expression includes animals alive or dead. See Beg.
2.J (4) p. 12.
3167
Power of Food Controller to Require Returns.
[(3) of this Reg., which provided that Orders thereunder
might be general or special, was. revoked by an amending Order
in Council; its place is now taken by Reg. 2s (3), p. 11, which
is to the like purport as the revoked provision, but of extended
scope.]
(4) The Food Controller shall, as respects any article to which
his powers extend, have the same power as the Board of Trade
have of giving directions, pending the issue of a Proclamation
or the making of an Order of or in Council, with respect to the
export of the article. (a)
(5) If any person acts in contravention of or fails to comply
with any provision of any order made under this regulation, or
aids or abets any other person, whether or not such other person is
in the United Kingdom, in doing anything which, if done in the
United Kingdom, would he a contravention of any such pro-
vision, such person shall be guilty of a summary offence against
these regulations. (b)(c)
2 G . (1) The Food Controller may by order require persons
engaged in the production, manufacture, purchase, sale, distribu-
tion, transport, storage, or shipment, of any article(d) to which the
powers of the Food Controller extend, to make returns giving such
particulars as to their businesses as may be specified by or on
behalf of the Food Controller and may require the returns to be
verified as he may direct. (e)
(2) For the purpose of testing the accuracy of any return made
to the Food Controller under this regulation, or of obtaining
information in case of a failure to make a return, any officer of the
Food Controller authorised in that behalf by the Food Controller
may enter any premises belonging to or in the occupation of the
person making or who has failed to make the return, or on which
he has reason to believe that any articles with respect to which
an order under this regulation has been made are kept stored,
manufactured, or produced, and may carry out such inspections
and examinations (including the inspection and examination of
books) as the officer may consider necessary for testing the
accuracy of the return or for obtaining any such information.
(a) ACTION IN ANTICIPATION OF RESTRICTION OF EXPORTS. If the Food
Controller, in accordance with Reg. 2F (4), so directs, the Commissioners of
Customs and Excise have, pending the issue of such a Proclamation or Order,
the same power to take any action for preventing the export of any article as if
the Proclamation or Order were in force. See s. 3 (1) of the Customs (War
Powers) Act, 1916 (6 & 7 G-. 5. c. 102).
(to) SUMMARY OFFENCES BY COMPANIES. See Reg. 48A printed in Part IX.
4 (6) (" Liability of Directors and Officers ") of this Manual.
(c) INFORMATION AS TO CONTRAVENTION OF ORDERS. Information regard-
ing Contravention of Orders should be given to the police or to an officer of the
local authority and not to the Ministry of Food. As to disclosing contraven-
tions, see also Reg. 49, printed in Part IX, 4 (8) ("Public Duties"), of this
Manual.
(d) " ARTICLE." This expression includes animals alive or dead. See Reg.
2j (4), p. 12.
(e) ORDERS UNDER REG. 2a. As to the Orders made under Reg. 2c see the
Chronological Table of Orders, pp. 16-20. Such of these Orders as have not
(Oct. 21st, 1917), expired, are printed in Part II. of this Manual.
Powers of Food Controller as to taking Possession of Factories
#c.
(3) If any person
(a) refuses or without lawful excuse neglects to make a
return as required by this regulation to the best of his
knowledge and belief, or makes or causes to be made
a false return; or
(6) obstructs or impedes an officer of the Food Controller in
the exercise of any of his powers under this regula-
tion ; or
(c) refuses to answer or gives a false answer to any question,
or refuses to produce any books or documents, required
for obtaining the information to be furnished in
pursuance of this regulation;
that person shall be guilty of a summary offence against these
regulations.
(4) No individual return or part of a return made under this
regulation, and no information as to any person or his business
obtained under this regulation, shall without lawful authority
be published or disclosed except for the purposes of a prosecution
under such of these regulations as relate to the powers and duties
of the Food Controller ; and if any person acts in contravention of
this provision he shall be guilty of a summary offence against
these regulations.
(5) If in any case the Food Controller is of opinion that it is
necessary or expedient to obtain information from any person in
connection with any article as to all or any of the matters with
respect to which returns may be required under sub-section (1) of
this regulation, the Food Controller shall have power, without
making an order for the purpose, to require that person to furnish
him with that information ; and any person who is so required to
furnish information shall furnish it accordingly.
In such a case, all the foregoing provisions of this regulation
shall apply to information so given and the giving of such
information as they apply to returns made and the making of
returns.
2 GG . (1) Where the Food Controller is of opinion that it is Power of
necessary or expedient to do so for the purpose of his powers and Fo d Con "
duties, he may by order apply the provisions of this regulation p^se^iorTo
to factories and workshops and other premises in which any f ac t or y or
article of food specified in the order is manufactured, stored or premises in
produced or adapted for sale, or to any plant used in connection which food
therewith. anu ;
factured or
(2) Any factory, workshop or premises or plant to which this adapted for
regulation is so applied, shall by virtue of the order pass into the use *
possession of the Food Controller as from the date of the order or
from any later date mentioned in the order, and the occupier of
every such factory, workshop or premises or plant, and every
officer of such occupier, and where the occupier is a company,
every director of the company shall comply with the directions
Powers of Food Controller as to Inquiries.
of the Food 1 Controller as to the management and user of the
factory, workshop or premises or plant, and if he fails to do so, he
shall be guilty of a summary offence against these regulations. (a)
(3) It is hereby declared that the possession by the Food
Controller under this regulation of any factory, workshop or
premises or plant shall not affect any liability of the actual
occupier thereof under the Factory and Workshop Act, 190.1, (b)
or any Act amending the same.
(4) It shall be lawful for the Food Controller
(a) To require any work in any such factory or workshop or
other premises as aforesaid to be done in accordance
with his directions given with the object of making
the factory or workshop or other premises or the plant
or labour therein as useful as possible for the produc-
tion of food.
(b) To regulate or restrict the carrying on of any work in
any such factory workshop or other premises as afore-
said, or the engagement or employment of any work-
man, or all or any classes of workmen, therein, or to
remove the plant therefrom, with a view to maintain-
ing or increasing the production of food.
(5) The occupier and every officer and servant of the occupier
of any factory, workshop or other premises, or any other person
affected by any such directions, regulations, or restrictions, and
where the occupier is a company, every director of the company,
shall obey the directions, regulations or restrictions of the Food
Controller, and if he fails to do so he shall be guilty of a
summary offence against these regulations.
(6) Where under this regulation any directions regulating the
priority to be given to work at any factory, workshop, or other
premises, have been given and any person in any certificate or
document given or issued for the purpose of securing priority for
any work in pursuance of such directions, makes any false state-
ment or false representation, he shall be guilty of a summary
offence against these regulations.
2 H . (1) If the Food Controller in any special case is of opinion
that, before exercising any of his powers under these regulations
in relation to any article,(c) it is expedient to hold an inquiry
with respect to that article in any locality, the Food Controller
may appoint such persons as he thinks fit to hold an inquiry as
respects that article and report to the Food Controller on such
points as the Food Controller may direct.
(2) Any persons so appointed shall have power to take evidence
on oath and to administer an oath for the purpose.
(a) ORDER UNDER REG. 2GG. See " The Flour Mills Order, 1917 " (p. 42),
and " The Flour Mills Order, No. 2, 1917 " (p. 48), taking possession of all the
flour mills in the United Kingdom.
(b) FACTORY AND WORKSHOP ACTS. The Act of 1901 (1 Edw. 7, c. 22) has
been amended by s. 5 of the Factory and Workshop Act, 1907 (7 Edw. 7, c. 39),
as to certain charitable institutions. The 1901 Act has also been otherwise
amended, but such amendments do not relate to the subject of Regulation 2GG (3).
(c) " ARTICLE." This expression includes animals alive or dead. S*e Reg.
2j (4), p. 12.
Supplemental provisions as to Powers of Food Controller. 11
2 J . (1) The Food Controller may make arrangements with Supple-
any other Government Department for the exercise by that mental
Department on behalf of the Food Controller of the powers of P rovi8iona a
the Food Controller under the Regulations numbered 2u, 2r, 2a, Food
2n, and 7 with respect to any particular article, (a) and in such case Controller,
the Department and the officers thereof shall, as respects that
article, have and exercise the same powers as are by those regula-
tions conferred on the Food Controller and the officers of the Food
Controller, (b) and the Local Government Board (or as respects
Scotland the Secretary for Scotland, and as respects Ireland the
Local Government Board for Ireland) may, by arrangement with
the Food Controller, confer and impose on any local authorities
and their officers any powers and duties in connection with the
enforcement of the said Regulations, (c) and any powers and
duties necessary to provide for the due discharge of any functions
assigned to local authorities by any order made by the Food
Controller under the said Regulations, and the Food Controller
may by order provide for the exercise and performance by local
bodies constituted by or under any such order of -such powers and
duties as may be conferred or imposed on them by the order.
(2) Nothing in the regulations numbered 2o and 2n shall pre-
vent the exercise by the Food Controller of any of his powers in
relation to any article under these regulations or otherwise, with-
out having obtained or endeavoured to obtain returns under
Regulation 2o or having held an inquiry under Regulation 2n.
(3) Any order of the Food Controller under these regulations
may be revoked or varied as occasion requires, and any such
order may be made either so as to apply generally, or so as to
apply to any special locality, or so as to apply to any special
supplies of any article or to any special producer, manufacturer,
(a) " ARTICLE." This expression includes animals alive or dead. See Reg
2J (4), p. 12.
(b) INTERDEPARTMENTAL ARRANGEMENTS. The Sea Fishing (England and
Wales) Order, 1917 (p. 90), confers certain powers on the Board of Agriculture
and Fisheries ; the Sea Fishing (Scotland) Order, 1917 (p. 99), confers certain
powers on the Fishery Board for Scotland ; and the Freshwater Fish (Ireland)
Order, 1917 (p. 88), the Fisheries (Ireland) Order, 1917 (p. 92), and the Sea
Fishing (Ireland) Order, 1917 (p. 94), confer certain powers on the Department
of Agriculture and Technical Instruction for Ireland.
The Board of Trade by arrangement with the Food Controller administers
the Horses (Rationing) Order No. 2, 1917, p. 61.
(c) ENFORCEMENT OF ORDERS BY LOCAL AUTHORITIES. " The Local
Authorities (Food Control) Order (No. 1), 1917 " and " The Local
Authorities (Food Control) (Scotland) Order, 1917," made by the
Local Government Board and the Secretary for Scotland, respectively,
empowering Local Authorities in England, Wales, and Scotland, to enforce
certain Orders of the Food Controller are printed in Part III. of this
Manual together with lists of the later Orders of the Food Controller
which have been made enforceable under the two " Local Authorities
Orders mentioned. The footnotes appended to those Orders show where
information as to the area of each local authority is to be found, and a
footnote is added to each of the Controller's Orders which -is made so
enforceable. . . , , ,
No corresponding Order providing for enforcement in Ireland of the
Controller's Orders has (Oct. 21st, 1917) been made by the Local (
ment Board for Ireland.
Powers of Food Controller, fyc., to Requisition Output of
Factories Manufacturing Food.
dealer or person, or to any class or description of factories work-
shops premises or plant, or to any special factory workshop
premises or plant; and any such order may direct that all
contracts, or any class of contracts, or any special contract,
affected by the order shall be abrogated, or shall remain in force
notwithstanding anything in the order but subject to any excep-
tions or modifications for which provision may be made by the
order, (a)
(4) It is hereby declared that in the regulations numbered 2F,
2o, 2n and 2r, the expression " article " includes animals, live
or dead; but this provision shall not be construed so as to limit
the general interpretation of that expression.
(5) Where the Food Controller considers it desirable to do so
for the purpose of maintaining the supply of hops, he may, after
consultation with the Board of Agriculture and Fisheries,
exercise, with respect to hops, any of the powers conferred on
him by Regulations 2r to 2n.(b)
7. The Admiralty or Army Council or the Minister of Muni-
tions may by order require the occupier of any factory or
workshop in which arms, ammunition, food, forage, clothing,
equipment or stores of any description or any articles required
for the production thereof, are or may be manufactured, or in
which any operation or process required in the production, altera-
tion, renovation or repair thereof is or may be carried on, to place
at their disposal the whole or any part of the output of the
factory or workshop as may be specified in the order, and to
deliver to them, or to any person or persons named by them the
output or such part thereof as aforesaid in such quantities and
tit such times as may be specified in the order(o) ; and the price to
l)e paid for the output so requisitioned shall, in default of agree-
ment, be determined by the arbitration of a judge of the High
Court selected by the Lord Chief Justice of England in England,
of a judge of the Court of Session selected by the Lord President
of the Court of Session in Scotland, or of a judge of the High
Court of Ireland selected by the Lord Chief Justice of Ireland in
Ireland.
In determining such price regard need not be had to the market
price, but shall be had to the cost of production of the output so
requisitioned and to the rate of profit usually earned in respect
of the output of such factory or workshop before the war, and
to whether such rate of profit was unreasonable or excessive, and
to any other circumstances of the case.
(a) RELIEF FROM LIABILITY UNDER CONTRACTS AFFECTED BY DEPART-
MENTS' REQUIREMENTS OR RESTRICTIONS. The enactments on this subject
form Part XI. of this Manual.
(b) HOPS. The Hops (Restriction) Order, 1917 (p. 77), restricts dealings in
hops, and Regulation 2NN (printed with Memoranda by the Board of
Agriculture and Fisheries thereon as 3 (" Reduction of Acreage under Hops ")
of Part V. of this Manual) provides for the reduction of the acreage under hops
in England and Wales.
(c) FOOD POWERS OF ADMIRALTY, ARMY COUNCIL AND MINISTER OF
MUNITIONS. As to these powers see Part VIII. of this Manual.
Authorisation by Food Controller, $ c ., of use of 13
Registered Design.
If the occupier of the factory or workshop fails to comply with
the order or without the leave of the Admiralty or ArmyCouncil
or the Minister of Munitions delivers to an/ other person any
part of the output of the factory or workshop to which the order
slates, he shall be guilty of an offence against these regulations.
For the purpose of ascertaining the amount of the output of
any factory or workshop or any plant therein and the cost of
production of such output, and the rate of profit usually earned
in respect of the output of such factory or workshop before the
war, the Admiralty or Army Council or the Minister of Muni-
tions may require the occupier of any such factory or workshop
or any officer or servant of the occupier, or where the occupier
is a company any director of the company, to furnish to the
Admiralty or Army Council or the Minister of Munitions such
particulars as to such output, cost, and rate of profit as they may
direct, and may require any such particulars to be verified in
such manner as they may direct, and if any such person fails to
comply with any such requirement he shall be guilty of an offence
against these regulations.
The Food Controller may, as respects any factory or workshop
in which any article to which the powers of the Food Controller
under Regulations 2F to 2j extend is or may be manufactured,
produced or adapted for sale, exercise the like powers as are by
this regulation conferred on the Admiralty, Army Council, and
the Minister of Munitions.
8 C . It shall be lawful for the Admiralty, Army Council, Power to
Minister of Munitions, or Food Controller to authorise or require authorise
any contractor holding a contract with the Admiralty, Army se .32).
Oats (Export from Ireland) Order, 1917. (Printed p. 24 of
1st Edit, of this Manual. Continued until August 31st,
1917, by Oats (Export from Ireland) Order, No. 2, 1917,
(1917, No. 613) and then expired.)
Milk (Use in Chocolate) Order, 1917. (1917, No. 64) ...
Sugar (Confectionery) Order, 1917. (1917, No. 65.)
(Art. 3 rev. by Sugar (Restriction) Order, 19 17, p. 154.)
Feeding of Game Order, 1917. (1917, No. 66)
Wheat (Restriction) Order, 1917. (Rev. by Art. 7 of Wheat,
Rye and Rice (Restriction) Order, 1917, p. 41.)
Seed Potatoes (Growers' Prices) Order, 1917. (Printed
p 68 of 1st Edit, of this Manual. Rev. except as to
Lr eland by Art. 11 of the Seed Potatoes (Prices) Order,
1917, ibi., p. 72. Rev. an to Ireland from June 1st by Seed
Potatoes (Prices) Order (No. 2), 1917, ibi., p. 11, and
Seed Potatoes (Prices) Order (No. 3), 1917, ibi., p. 78.)
Chronological Table of all the Food Controller s Orders.
17
Date.
Short Title.
Page.
1917.
Jan. 26
Feb. 1
Feb. 3
Feb. 8
Feb. 8
Feb. 20
Feb. 24
Feb. 26
March 16
March 2
5)
March 2
March 2
March 3
April 3
April 4
Barley and Malt (Returns} Order, 1917. (Spent ; related to
returns to be made by Feb. 17, 1917.}
"rice of Milk Order, 1917. (1917, No. 68.) (Printed p.
58 of 1st Edit, of this Manual. Am. by Price of Milk
Order (No. 2} 1917, ibi., p. 61. Both Orders rev. by Milk
Order, 19 17, p. 131.)
Potatoes, 1916 Main Crop (Prices') Order, 1917. (Rev. by
Art. 13 of Potatoes, 1916 Main Crop (Prices) Order,
No. 2,1917 (p. 74 of 1st Edit, of this Manual), which was
rev. by Art. 54 of Potatoes Order, 1917, p. 152.)
Brewers (Malt Purchases) Order, 1917. (1917, Nc. 132)...
Brewers Sugar Order, 1917. (1917, No. 90) ......
Brewers Sugar (Returns) Order, 1917. (Spent ; related to
returns to be made by Feb. 22, 1917.)
Dealings in Sugar (Restriction) Order, 1917. (1917,
No. 131) .....................
Malt (Restriction) Order, 1917. (1917, No. 159) ......
Price of Milk Order (No. 2), 1917. (1917, No. 160.)
(Printed p. 61 of 1st Edit, of this Manual. Rev. by Milk
Order, 1917, p. 131.)
Potatoes, 1916 Main Crop (Prices) Order (No. 2) 1917.
(1917, No. 178.) (Printed p. 74 of 1st Edit, of this
Manual. Rev. by Potatoes Order, 1917, p. 143.)
Seed Potatoes (Prices) Order, 1917. (Printed p. 70 of 1st
Edit, of this Manual. Continued until June 1st, 1917, by
Seed Potatoes (Prices) Orders 1917, Nos. 2 and 3, ibi.
pp. 77, 78. These 3 Orders expired June 1st, 1917.)
Manufacture of Flour and Bread Order (No. 2), 1917.
(1917, No. 187.) (Art. 3 (a) varied by Manufacture of
Flour and Bread Order (No. 3), 1917, p. 36.)
Bread Order, 1917. (1917, No. 189) ... ... .
Freshwater Fih Order, 191 7. (Printed p. 45 of 1st Edit, of
this Manual. Expired, June 15, 1917)
Sugar (Restriction) Order, 1917. (1917, No. 252 amended
by No. 458.) (Printed as amended by the Sugar
(Restriction) Order, No. 3, 1917.)
Malt (Restriction on Shipping) Order, 1917. (1917, No.
259)
Swedes (Prices) Order, 1917. (1917, No. 260) ... ...
Food (Conditions of Sale) Order, 1917. (1917, No. 261)
Oats and Potatoes (Ireland) Order, 1917. (Printed p 31
of 1st Edit, of this Manual. Expired June 30th, 1917.)
Intoxicating Liquor (Output and Delivery) Order, 1917.
(1917, No. 270.) (Am. by Intoxicating Liquor (Output
and Delivery) Order, No. 3, 1917, p. 78) ... ... ;
Sugar (Restriction) Order, No. 2, 1917. (Superseded as
from June 1st by Sugar Restriction Order No. 3
(No. 458) which substituted in the Sugar (Restriction)
Order, 1917, which as so amended is printed, p. 167, a new
table for that inserted by No. 2 Order.)
Seed Potatoes (Prices) Order (No.2),1917. (Printed p. 77
of 1st Edit, of this Manual. Am. by Seed Potatoes (Prices)
Order (No. 3), 191 7, ibi., p. 78. Both these Orders expired
,. (1917, No. 3140 (Am. as to
rationing of Teashops by Art. 8 of Cake and Patiy
Order 1917, p. 40, and printed as amended by the 1 ubiic
Meah Orders (No. 2 and 3) 1917.)
Manufacture of Flour and Bread Order (No. 3), 1917
(1917, No. 315) ...............
68
164
166
69
32
35
167
70
140
84
71
158
Chronological Table of all the Food Controller's Orders.
Date.
Short Title.
1917.
April 5 Food Hoarding Order, 1917. (1917, No. 317)
Tea (Nett Weight) Order, 1917. (1917, No. 318)...
April 12 Malt (Restriction) No. 2 Order, 1917. (1917, No. 345) ...
April 16 Wheat, Barley and Oats (Prices) Order, 1917. (1917,
No. 363)
Barley (Requisition) Order, 1917. (1917, No. 364)
April'lS Cake and Pastry Order, 1917. (1917, No. 372)
April 20 Wheat, Rye and Rice (Restriction) Order, 1917. (1917,
No. 376)
Flour Mills Order, 1917. (1917, No. 377) (Provisions
extended to all ftour mills by Flour Mills Order, No. 2,
1917, p. 48).
April 25 Freshwater Fish (Ireland) Order, 1917. (1917, No. 387)...
April 30 Seed Potatoes (Prices) Order (No. 3), 191 7. (1917, No. 402)
(Printed p. 78 of 1st Edit, of this Manual. Expired June
1st, 1917}
May 2 Maize, Barley and Oats (Restriction) Order, 1917. (1917,
No. 404.) (Rev. so far as relates to barley, ly. Barley
(Restriction) Order, 1917 (p. 52) ).
May 8 Order authorising Local Authorities in England and Wales
to prosecute Offences before Courts of Summary Juris-
diction. (1917, No. 424)
May 9 Oat and Maize Products (Retail Prices) Order, 1917.
(1917, No. 429.) (Am. by Oat and Maize Products
(Retail Prices) Order, No. 2, 1917 p. 47.)
May 11 Horses (Rationing} Order, 1917. (1917, No. 439.} (Printed
p. 41 of 1st Ed't. of this Manual. Rev. by Horses (Ra-
tioning} Order, Fo. 2, 1917, p. 61.)
May 14 Dealings in Oats (Restriction) Order, 1917. (1917, No.
444)
Public Meals Order (No. 2), 1917. (1917, No. 445). (This
Order directs the making of certain omissions and substitu-
tions in the Public Meals Order, 1917, which as so amended
is printed p. 158.)
May 16 Beans, Peas, and Pulse (Requisition) Order, 1917. (1917,
No. 457)
May 18 Sugar (Restriction) Order, No. 3, 1917. (1917, No. 458.)
(This Order substitutes a new table for that in the Sugar
(Restriction) Order, 1917, which as so amended is printed
p. 167.)
May 23 Oats and Maize Products (Retail Prices) Order (No. 2),
1917. (1917, No. 482.)
General Licence under the Bread Order, 1917. (1917,
No. 483.)
May 29 Cheese (Requisition) Order, 1917. (1917, No. 510)
Beans, Peas, and Pulse (Retail Prices) Order, 1917. (1917,
No. 511.)
May 31 Meat (Sales) Order, 1917. (1917, No. 520.)
June 11 I Sugar (Domestic Preserving) Order, 1917. (1917, No. 537.)
Order conferring certain powers on Inspectors of Weights
and Measures and authorizing them to prosecute offences
before Courts of Summary Jurisdiction in England and
Ireland. (1917, No. 538.)
June 29 Oats (Export from Ireland) Order, No. 2, 1917. (1917,
No. 613.) (Expired : Aug. 31st, 1917.)
July 3 Public Meals Order (No. 3), 1917. (1917, No. 664.1 (This
Order amends Public Meals Order, 1917, which as so
amended is printed p. 158.)
Chronological Table of all the Food Controller s Orders,
Date.
Short Title.
Page.
1917.
July 4
July 6
July 7
July 10
5)
July 13
July 27
July 28
July 30
July 31
n
Aug.' 14
jj
)?
Aug. 15
Aug. 20
Aug. 21
Aug. 22
Aug. 23
Aug. 28
Aug. 29
Aug. 3(
Aug. 31
Sept. 3
eneral Licence under the Beans, Peas and Pulse (Retail
Prices) Order, 1917. (1917, No. 673.) (Expired : Aug.
15th, 1917).
Stone Fruit (Jam Manufacturers' Prices) Order, 1917.
(1917, No. 694.)
Intoxicating Liquor (Output and Delivery) Order, No. 2,
1917. (1917, No. 700.) (Spent. Related to the quarter
terminating Sept. 30th, 1917)
Raspberries '(Manufacturers' Prices) Order, 1917. (1917,
No. 702)
Raspberries (Scotland) (Delivery) Order, 1917. (1917,
No. 703)
The 1917 Crop (Restriction) Order, 1917. (1917, No. 721)
(Rev. except as regards potatoes, by Grain (Prices)
Order, 1917, p. 49) and as to potatoes by Potatoes
Order, 19 17, p. 143).
Winter Beans Order, 1917. (1917, No. 766)
attle and Meat (Returns) Order, 1917. (1917, No. 767)
Sea Fishing (England and Wales) Order, 1917. (1917,
No 768.)
Fisheries (Ireland) Order, 1917. (1917, No. 769)
Pickled Herrings (Returns) Order, 1917. (1917, No. 770)
Flour Mills Order No. 2, 1917. (1917, No. 774)
Milk (Returns) Order, 1917. (1917, No. 776)
Grain (Prices) Order, 1917. (1917, No. 820)
Winter Oats and Rye (Restriction) Order, 1917. (1917,
No. 822.)
General Licence under the Beans, Peas and Pulse (Retail
Prices) Order, 1917. (1917, No. 823.)
Barley (Restriction) Order, 1917. (1917, No. 821)
Jam (Prices) Order, 1917. (1917, No. 824)
Tea (Returns) Order, 1917. (1917, No. 863.) (Spent. Re-
lated to Returns to be made by Sept. 10th, 1917.)
Apricot Pulp and Bitter Oranges Order, 1917. (1917, No
868)
Food Control Committees (Constitution; Order, 1917.
(1917, No. 869)
Sugar (Registration of Retailers) Order, 1917. (1917, No.
885")
General Licence'under 1917 Crop (Restriction) Order, 1917.
(1917, No. 896.) (Spent on rev. of said Order by Pota-
toes Order, 1917, p. 143.)
Meat (Maximum Prices) Order, 1917. (1917, No. 903)
(Printed as amended by Meat (Maximum Prices) Order
(No. 2)1917.)
Bacon, Ham and Lard (Maximum Prices) Order, 1917.
Cheese (Maximum Prices) Order, 1917. (1917, No. 911)
(Am. by Cheese (Maximum Prices) Order (No. 2), 1917,
Butter^Lximum Prices) Order, 1917. (1917, No. 913 )
(Am. by Butter (Maximum Prices) Order (No. 2), 1917,
p. 136, and again by Butter (Maximum Price*) Ordev
Ho^VEe^tmlon/ Order, 1917. (1917, No'."914) (Printed
as amended by Hops (Restriction) Order No. 2)
Sea Fishing (Ireland) Order, 1917. 917, No. 915) ...
Hops (Restriction) Order, No. 2, 1917. (1917, No. 925)
(This Order amend* Hops (Restriction) Order, 1917
which as so amended is printed at p. 77.)
101
103
106
28
117
90
92
93
48
125
49
54
29
52
107
111
199
170
118
21
126
127
77
94
Chronological Table of all the Food Controller's Orders.
Date.
Short Title.
1917.
Sept. 5
Sept. 6
Sept. 7
Sept. 8
Sept. 11
Sept. 13
Sept. 20
Sept. 21
Sept. 26
Sept. 27
Sept. 29
Oct. 1
Oct. 2
Oct. 5
Oct. 8
3)
Oct. 10
Oct." 12
Oct. 13
j>
Oct. 15
55
Oct. 16
Oct. 17
Oct." 20
Seed Potatoes (Immune Varieties) Order, 1917. (1917,
No. 935)
Flour and Bread (Prices) Order, 1917. (1917, No. 937) ...
Milk Order, 1917. (1917, No. 939)
Dried Fruits (Restriction) Order, 1917. (1917, No. 940)
Meat (Maximum Prices) Order (No. 2), 1917. (1917,
No. 943.) (This Order amends Meat (Maximum Prices}
Order, 1917, which as so amended is printed, p. 118.)
Potatoes Order, 1917. (1917, No. 949.) (Printed as
amended by Potatoes (Postponement of Date) Order,
1917)
Pickled Herrings Order, 1917. (1917, No. 964)
Butter (Maximum Prices) Order (No. 2), 1917. (1917, No.
965.) (Ihis Order varied the Sch. to Butter (Maximum
Prices) Order, 1917, which is printed, p. 127. That Sch.
was again further varied by Butter (Maximum Prices)
Order, No. 3, p. 13S)
General Licence as to Bacon under Bacon, Ham, and Lard
(Maximum Prices) Order, 1917. (1917, No. 974)
Horses (Rationing) Order (No. 2), 1917. (1917, No. 954)
Potatoes (Postponement of Date) Order, 1917. (1917,
No. 998.) (This Order amends Potatoes Order, 1917,
which as so amended is printed p. 143.)
Lard (Returns) Order, 1917. (1917, No. 1002) (Spent.
Delated to returns to be made by Oct. 3rd, 1917.)
Cheese (Maximum Prices) Order, No. 2, 1917. (1917,
No. 1005) (This Order amends Cheese (Maximum Prices)
Order, 1917, printed p. 126)
Wheat (Channel Islands and Isle of Man Export) Order,
1917. (1917, No. 1006)
Butter (Maximum Prices) Order, No. 3, 1917. (1917,
No. 1009) (Ihis Order varies the Sch. to Butter (Maxi-
mum Pnces) Order, 1917, printed p. 127)
Bread (Use of Potatoes) Order, 1917. (1917, No. 1025) ...
General Licence under Milk Order, 1917. (1917, No. 1029)
General Licence under Public Meals Order, 1917. (1917,
No. 1030)
General Licence under Dried Fruits (Restriction; Order,
1917. (1917, No. 1032)
Sea Fishing (Scotland) Order, 1917. (1917, No. 1033) ...
General Licence under Flour and Bread (Prices) Order, 1917,
(1917, No. 1048)
Sugar Order, 1917. (1917, No. 1049) '
Potato Bags (Returns) Order, 1917. (1917, No. 1051) ...
Currants and Sultanas (Requisition) Order, 1917. (1917,
No. 1053)
Beer (Prices and Description) Order, 1917. (1917, No.
1058)
Intoxicating Liquor (Output and Delivery) Order, No. 3,
1917. (1917, No. 1059)
General Licence under the Jam (Prices) Order, 1917.
(1917, No. 1065)
General Licence as to Lard under the Bacon, Ham and
Lard (Maximum Prices) Order, 1917. (1917, No. 1062)
Tea (Provisional Prices) Order, 1917. (1917, No. 1063)...
Sugar (Sales for Ireland Returns) Order, 1917. (1917,
No. 1072)
Bacon, Ham and Lard (Maximum Prices) Order, 1917.
[Attention is directed to the Introductory Note at p. iii which
states the scope and arrangement of this Manual.}
ORDERS OF THE FOOD CONTROLLER
UNDER DEFENCE OF THE REALM
REGULATIONS AS TO MAINTENANCE
OF FOOD SUPPLY,
AND ORDERS OF OTHER DEPARTMENTS
ANCILLARY THERETO.
9.
10.
11.
7. Fish, p. 88.
8 Hoarding of Food, p. 100.
Jam and Fresh Fruit,}). 10 1.
Meat, p. 113.
Milk, Butter and Chep.se,
p. 123.
12. Potatoes and Swedes, p. 140.
13. Public Meals, p. 158.
14. Sugar, p. 163.
15. Tea, p. 183.
1. Bacon, Ham and Lard,
p. 21.
2. Beans, Peas and Pulse,
p. 25.
3. Bread, Flour and Cereals,
p. 31.
4. Brewing, Malting, and In-
toxicating Liquors* p. 68.
5. Conditions on Sale of Food,
p. 84.
6. Dried Fruits, p. 85.
1. Bacon, Ham and Lard. (a)
Bacon, Ham and Lard (Maximum Prices) Order, p. 21.
General Licence thereunder as to Bacon, p. 23.
,, Lard, p. 24.
THE BACON, HAM AND LARD (MAXIMUM PRICES) ORDER, 1917.
DATED AUGUST 30, 1917.
1917. No. 910.
In exercise of the powers conferred upon him by Regulation 2v
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf the Food Controller hereby orders
that, except under the authority of the Food Controller, (b) the
following regulations shall be observed by all persons
concerned :
1. No Bacon, Ham or Lard shall on or after the date of this Maximum
Order be sold by the Importer, Manufacturer or Curer thereof at Prices,
prices exceeding the maximum prices specified for such Bacon,
Ham or Lard in the Schedule hereto.
2. A person shall not sell or offer for sale or buy or offer to buy offers and
any Bacon, Ham or Lard at prices exceeding the maximum prices Conditions,
provided by Clause 1 of this Order, or in connection with any sale
or disposition or proposed sale or disposition of Bacon, Ham or
Lard enter or offer to enter into any artificial or fictitious trans-
action or make or demand any unreasonable charge.
3. This Order shall not apply to any sale by retail.
(a) EXPORT AND IMPORT OF BACON, HAM AND LARD. An epitome of the
restrictions on the export and import of Bacon, Ham and Lard will be found in
Appendix VI (7, Exportation ; 12, Importation).
(b) GENERAL LICENCES ALLOWING SALES AT PRICES EXCEEDING MAXIMA.
The Licence of Sept. 21st, 1917, as to sales of certain descriptions of Bacon, is
printed p. 24, and the Licence of Oct. 17th, 1917, as to sales of American Lard,
p. 25.
Sale by
Retail.
Bacon, Ham and Lard (Maximum Prices) Order, 19.17.
4. The expression " Importer " shall include any person
sighting the shipper's draft but this provision shall not be con-
strued so as to limit the general interpretation of that expression.
5. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
6. This Order may be cited as the Bacon, Ham and Lard
(Maximum Prices) Order, 1917.
By order of the Food Controller,
U. F. Wintour,
30th August, 1917. Secretary of the Ministry of Food.
Schedule.
BACON.
Irish (Wiltshire Cut)
,, Spencers (Green)
,, Gammons (Green) ...
Irish Rolled Bacon (skin on)
,, ,, (skin off)
North of Ireland Dried Rolls
English (Wiltshire Cut) (Green) ...
Wet Shoulder Bellies ...
Wet Special Sides
Scotch Ayrshire Rolled Bacon
Danish
Canadian.
Wiltshire Cut
,, ,, Canadian Cured
American
Long Rib ...
Cumberland
Long Hams
(If box weight terms Is. per
Dutch
American
Wiltshire Cut
Cumberland Cut ...
Bellies
Long Clear
Short Clear Backs ...
Short Rib
Short Clear
Rib Backs ...
Long Hams
A/C. Hams
Manchester Cut Hams
Skinned Hams
Fatless Hams
Stafford Cut Hams
Square Shoulders ...
New York Shoulders
Picnics
Long Rib ...
Dublin Cut
(If box weight terms Is. per
Per 112 Ib.
f.o.b. 162*.
,, 162s.
,, 168s.
ex Factory 176s.
190*.
f.o.b. 184s.
ex Factory 163s.
174s.
,, 174s.
,, 190s.
ex Port 162s.
157s.
,, 154s.
,, 153s.
,, 155s.
146s.
cwt. less.)
ex Port
162s.
152s.
152s.
160s.
160s.
157s.
157s.
160s.
159s.
137s.
137s.
137s.
145s.
150s.
142s.
128s.
122s.
148s
146s
cwt. less.)
General Licence as to Bacon under Bacon, Ham and Lard
(Maximum Prices) Order.
LARD.
Scotch Bladders ex Factory 153s
Irish Bladders (16/30s) f.o.b. 148*.
American, Pails ex Port 125*. 3d.
Boxes 124 5 .
Tierces ,, 124s.
(Prime Steam) ... 122*.
HAMS.
Irish Fresh f.o.b. 144*.
ex Salt 1545.
,, smoked or pale dried Short Cut ,, 190$.
,, ,, Long Cut ,, 184*.
,, Boneless Smoked ex Factory 194*.
All these prices are subject to the following terms: Cash in
seven days less 2d. in the discount, or Cash in One Month less
\d. in the discount.
GENERAL LICENCE, DATED SEPTEMBER 21, 1917, AS TO BACON UNDER
THE BACON, HAM AND LARD (MAXIMUM PRICES) ORDER, 1917.
1917. No. 974.
The Food Controller hereby as respects bacon of the several
descriptions specified in the Schedule hereto imported into the
United Kingdom on or after the 21st September, 1917, authorises
the sale of such bacon by the Importer, Manufacturer or Curer
thereof at any prices not exceeding the prices specified for the
same in the (Schedule provided that this authority shall not apply
to any bacon imported before the 21st September, 1917, and the
Food Controller may withdraw this authority at any time if in his
opinion the circumstances warrant the withdrawal thereof and
provided further that for the purposes of this authority
" Importer " shall have the same meaning as in the Bacon, Ham
and Lard (Maximum Prices) Order, 1917(a) ; and Bacon shall be
deemed to be imported as at the time when the ship is brought to
at the place where the bacon is to be unshipped.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
21st September, 1917.
The Schedule.
Description of Bacon. Price per 112 Ibs.
ex Port.
Canadian :
Wiltshire Cut 162*.
Wiltshire Cut (Ame Cured American) ... 159s.
Long Rib ... 158s.
Cumberland ... 160s.
(a) BACON, HAM AND LARD (MAXIMUM PRICES) ORDER, 1917. That
Order is printed p. 21.
24 General Licence as to Lard under Bacon, Ham and Lard
(Maximum Prices) Order.
The Schedule.
Description of Bacon. Price per 112 Ibs.
ex Port.
American :
Wiltshire Cut 157s.
Cumberland Cut 157s.
Bellies 165s.
Long Clear ... ... ... ... ... 165s.
Short Clear Backs 162s.
Short Rib 162s.
Short Clear 165s.
Rib Backs 164s.
Long Rib 153s.
Dublin Cut 151s.
If Box weight terms Is. per 112 Ibs. less for all the above
descriptions.
GENERAL LICENCE, DATED OCTOBER 17, 1917, AS TO LARD UNDER
THE BACON, HAM AND LARD (MAXIMUM PRICES) ORDER, 1917.
1917. No. 1062.
The Food Controller hereby as respects Lard of the several
descriptions specified in the Schedule hereto authorises the sale of
such Lard by the Importer, Manufacturer or Curer thereof at any
prices not exceeding the prices specified for the same in the
Schedule.
For the purpose of this authority " Importer '' shall have the
same meaning as in the Bacon, Ham and Lard (Maximum Prices)
Order, 1917. (a)
The Food Controller may withdraw this authority at any time
if in his opinion the circumstances warrant the withdrawal
thereof.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
17th October, 1917.
The Schedule.
Description of Lard. Price per 112 Ibs,
American Pails. . . ... (Ex Port) 131s. 3d.
,, Boxes ... ... ,, 130s.
,, Tierces ,, 130s.
,, (Prime Steam) 128s.
All these prices are subject to the following terms:
Cash in seven days less 2d. in the discount, or Cash in one
month less Id. in the discount.
(a) BACON, HAM AND LARD (MAXIMUM PRICES) ORDER, 1917. That
Order is printed p. 21.
Beans, Peas and Pulse (Requisition) Order, 1917.
2. Beans, Peas and Pulse (a).
Beans, Peas and Pulse (Requisition) Order, p. 25
Beans, Peas and Pulse (Retail Prices) Order, p. 26.
General Licence under Retail Prices Order, . 29
Winter Beans Order, p. 28.
THE FEEDING OF GAME ORDER, 1917. DATED JANUARY 11, 1917.
[This Order, printed p. 31, with the other Orders relating to
Cereals prohibits the feeding of pulse, Ac. to game birds.]
THE BEANS, PEAS AND PULSE (REQUISITION) ORDER, 1917
DATED MAY 16, 1917.
1917. No. 457.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. All persons owning or having power to sell or dispose of any
beans, peas or pulse suitable for human food which have arrived
in the United Kingdom or which shall hereafter arrive (except
beans, peas and pulse arrived which have been sold by the
original consignees and paid for by the purchasers) shall place
and hold such beans, peas and pulse at the disposal of the Food
Controller.
2. The beans, peas and pulse are taken over by the Food Con-
troller from the original consignees and the Food Controller will
subsequently communicate to them the prices which he will be
prepared to pay for the same.
3. Except as otherwise determined by the Food Controller in
any particular case all contracts made by the original consignees
or any persons claiming under them for the sale of any beans,
peas and pulse taken over under this Order are cancelled, and
sellers and /or buyers are to stand released from all liability as
to brokerage.
4. The arbitrator to determine in default of Agreement the
compensation to be paid for stocks requisitioned under this Order
shall be appointed by the Lord Chief Justice of England.
5. The original consignees shall on or before the 21st May,
1917, furnish to the Royal Commission on Wheat Supplies,
Trafalgar House, Waterloo Place, S.W.I, full particulars of all
beans, peas and pulse taken over under this Order.
(a) EXPORT AND IMPORT OF BEANS AND PEAS. An epitome of the re-
strictions on the export and import of Beans and Peas will be found in Appendix
VI. (7 Exportation ; 12 Importation).
26
Beans, Peas and Pulse (Retail Prices} Order, 1917.
6. This Order shall apply to all peas, beans and pulse imported
or to be imported into the United Kingdom except as mentioned
above and except Burmah peas and beans taken over by the Food
Controller under an Order in that behalf dated 1st May, 1917.
7. This Order may be cited as tbe Beans, Peas and Pulse
(Requisition) Order, 1917.
Devonport,
Food Controller.
16th May, 1917.
Maximum
prices for
beans, peas
and pulse.
Method of
sale and use.
Fictitious
transactions.
Penalty.
Title of
Order.
THE BEANS, PEAS AND PULSE (RETAIL PRICES) ORDEII, 1917.
DATED MAY 29, 1917.
1917. No. 511.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no person
shall sell or buy or offer to sell or buy by retail any beans, peas
or pulse of the descriptions mentioned in the Schedule at prices
exceeding the prices applicable as therein specified(a).
2. The maximum price shall include all charges for bags and
other packages and no additional charge may be made therefor.
3. All such peas, beans and pulse shall be sold by weight only
and shall be used only for human consumption.
4. No person shall in connection with a sale or proposed sale
of any article to which this Order applies enter or offer to enter
into any fictitious or unreasonable transaction or make or propose
to make any unreasonable charge.
5. If any person acts in contravention of this Order or aids or
abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against the
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty of
a summary offence against those regulations unless he proves that
the contravention took place without his knowledge or consent.
6. This Order may be cited as the Beans, Peas and Pulse
(Retail Prices) Order, 1917.
Devonport,
Food Controller.
(a) SALE OF PEAS AT PRICES EXCEEDING MAXIMA. By the Controller's
General Licence of August 14, 1917 (p. 29) the sale by retail in packages of peas
to which the May Order applies at prices exceeding those permitted by that
Order was authorised.
Beans, Peas and Pulse (Retail Prices) Order, 1917.
Schedule.
27
Until June
30th, 1917.
During
July, 1917.
On and after
August, 1917
per Ib.
per Ib.
perlb.
Large Butter Beans
Wd.
fa,
Sd.
White Haricot Beans...
Sd.
Id.
Qd.
Coloured Haricot Beans
Ud.
6i<*.
5i&
Blue and Green Peas (Whole and
M.
9J.
9d.
Split).
Large Manufactured Lentils
Sd.
Sd.
Sd.
Small Manufactured Lentils
Id.
Id.
Id.
Yellow Split Peas
Qd.
Qd.
&d.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,( a ) shall
apply to the above Order of the Food Controller as if that Order
were mentioned in column 1 and the whole of that Order were
mentioned in column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this First day of June, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Govern-
ment Board under the authority of
their General Order dated the 26th
day of May, 1877.(b)
With the concurrence of the Secretary for Scotland, I order
that the Local Authorities (Food Control) (Scotland) Order,
1917, (c) shall apply to the above Order.
Devonport,
Food Controller.
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192), is to empower Local Authorities in England and
Wales to enforce the present Order, and to prosecute before courts of sum-
mary -jurisdiction for breaches of the same.
(b) GENERAL ORI>ER OF MAY 26, 1877. That Order which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to
execute certain instruments is printed S. R. & O., Revised (1904) Yol. VII,
" Local Government Board, E.," p. 1.
(c) LOCAL AUTHORITIES (Fooo CONTROL) (SCOTLAND) ORDER, 1
The effect of that Order (printed p. 194) is to empower Local Auth
Scotland to enforce the present Order.
Winter Beans Order, 1917.
Winter
Beans to be
used as Seed
only.
Purchases.
Sales.
Certificates.
Infringe-
ments.
Title and
extent of
Order.
THE WINTER BEANS ORDER, 1917. DATED JULY 27, 1917.
1917, No. 766.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that except under the authority of the Food Controller the follow-
ing provisions shall be observed by all persons concerned :
1. A person shall not before the 1st December, 1917, use any
winter-sown Winter Beans grown in the United
Kingdom in the year 1917 (hereinafter called Winter
Beans) for any purpose other than Seed.
2. A person shall not before the 1st December, 1917, buy or
otherwise acquire any Winter Beans unless either he,
being a person who ordinarily deals in Winter Beans
for seed purposes acquires them with a view to re-sale
for such purpose, or he requires Winter Beans for the
purpose of seed ; and unless, in either case, he gives to
the person from whom he acquires the Winter Beans a
certificate stating the purpose for which such Beans
are required.
3. A person shall not before the 1st December, 1917, sell or
otherwise dispose of any Winter Beans to any person
except to a person who ordinarily deals in Winter
Beans for seed, or to a person who is reasonably
believed to require such Beans for the purpose of seed,
and who, in either case, gives such a certificate as is
referred to in the preceding clause.
4. Every Certificate given under this Order shall contain the
name and address of the person giving such Certificate
and shall be retained by the person to whom it is
given. All such Certificates shall at all times be open
to the inspection of any person authorised by the
Food Controller or by a Local Authority empowered
to enforce this Order or as respects England and Wales
by the Board of Agriculture and Fisheries, or as
respects Scotland by the Board of Agriculture for
Scotland.
5. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
6. (a) This Order may be cited as Winter Beans Order, 1917.
(b) Nothing in this Order shall affect the use of any
Winter Beans in Ireland or any transaction taking
place in Ireland.
By Order of the Food Controller,
U. F. Wintour,
Secretary of Ministry of Food.
27th Julv, 1917.
General Licence under Retail Prices Order.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,(a) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column .1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this Thirtieth day of July, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government Board
under the authority of their General Order dated
the 26th day of May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (c) shall apply to the above Order.
By Order of the Food Controller,
U. F. Wintour,
Secretary of the Ministry of Food .
GENERAL LICENCE, DATED AUGUST 14, 1917, UNDER THE BEANS,
PEAS AND PULSE (RETAIL PRICES) ORDER, 1917.
1917, No. 823.
The Food Controller hereby authorises, until further notice, the
sale and purchase by retail in packages of peas to which the above
Order applies, subject to the following conditions:
1. The package may contain only peas and a bag of cooking
requisites, and no packets shall be sold except packets of the
approximate gross weight of 1 lb., | lb., or \ Ib.
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192), is to empower Local Authorities in England and
Wales to enforce the present Order and to prosecute before courts of summary
jurisdiction for breaches of the same.
(b) GENEKAL ORDER OF MAY 26, 1877. -See footnote (b) to the Local
Government Board Determination on Beans, Peas, and Pulse (Retail Prices)
Order, 1917, p. 27.
(c) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDEK, 1917.
The effect of that Order (printed p. 194) is to empower Local Authorities in
Scotland to enforce the present Order.
30 The Horses (Rationing) Order, No. 2, 1917.
2. There shall be plainly printed on the outside of the package
the name of the person by or for whom it was packed, the month in
which it was packed, the gross weight of the packet and the
net weight of the peas.
3. A 1 Ib. (gross weight) packet may be sold at a price not
exceeding 9d., provided that the net weight of the peas is not less
than 14 J ozs.
4. A | Ib. (gross weight) packet may be sold at a price not
exceeding 6J^., provided that the net weight of the peas is not
less than lOf ozs.
5. A J Ib. (gross weight) packet may be sold at a price not
exceeding 4%d., provided that the net weight of the peas is not
less than 6| ozs.
By Order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food.
August 14th, 1917.
THE HORSES (RATIONING) ORDER, No. 2, 1917. DATED SEP-
TEMBER 20, 1917.
[This Order, printed p. 61, with the other Orders relating to
Cereals restricts the feeding of beans to horses.]
Feeding of Game Order , 1917.
3. Bread, Flour and Cereals.(a)O)(c)
Barley (Requisition) Order, p. 38.
Barley (Restriction) Order, p. 52.
Bread Order, p. 35.
General Licence thereunder, p. 48.
Bread (Use of Potatoes) Order, p. 66.
Cake and Pastry Order, p. 39.
Dealings in Oats (Restriction) Order, p. 46.
Feeding of Game Order, p. 31.
Flour and Bread (Prices) Order, p. 55.
General Licence thereunder, p. 67.
Flour Mills Order, p. 42.
Flour Mills Order No. 2, p. 48.
Grain (Prices) Order (Grain of 1917), p, 49.
Horses (Rationing) Order No. 2, p. 61.
Maize, Barley and Oats (Restriction) Order, p. 43.
Manufacture of Flour and Bread Order (No. 2) Order, p. 32.
Manufacture of Flour and Bread Order (No. 3) Order, p. 36.
Oat and Maize Products (Retail Prices) Order, p. 44.
Oat and Maize Products (Retail Prices) Order, No. 2, p. 47.
Wheat, Barley and Oats (Prices) Order (Grain of 1916), p. 37.
Wheat, Rye and Rice (Restriction) Order, p. 41.
Wheat (Channel Islands and Isle of Man Export) Order, p. 66,
Winter Oats and Rye (Restriction) Order, p. 54.
THE FEEDING OF GAME ORDER, 1917. DATED JANUARY 11, 1917.
1917. No. 66.
In exercise of the powers conferred upon him by Regulation F
of the Defence of the Realm (Consolidation) Regulation 1914,
and of all other powers enabling him in that behalf, the Food
Controller orders as follows : No grain to
1. Except under the authority of the Food Controller, no be fed to
person shall feed any game birds with any wheat, pulse or other *
grain or foodstuffs. (d)
(a) ORDERS AS TO MALT AND MALTING. These Orders are printed under
the heading, Brewing, Malting and Intoxicating Liquors, p. 68.
As to the export of Malt and Malt Extract, see footnote(a) to Brewing,
Malting and Intoxicating Liquors, p. 68.
(b) EXPORT AND IMPORT OF BREAD, FLOUR AND CEREALS. An epitome of
the restrictions on the export of Bread, Flour arid Cereals will be found in
Appendix VI (7 Exportation). As to Import of Yeast, see 12 (Importation) of
that Appendix.
(c) USE OF GRAIN OR RICE FOR MANUFACTURE OF SPIRITS. Regula-
tion 30o of the Defence of the Realm Regulations, printed in Part VIII of
this Manual, prohibits the use of Grain or Rice in the Manufacture of
Whiskey, &c., without a permit from the Minister of Munitions. Further
restrictions on the use of Grain and Rice are imposed by the Food Controller's
Orders, printed in this Section.
(d) ENFORCEMENT OF CLAUSE 1 AND PROSECUTIONS BY LOCAL AUTH^RI-
TIES. Clause 1 of this Order is enforceable by Local Authorities in England,
Wales, and Scotland (see " The Local Authorities (Food Control) Order (No. 1),
1917," p. 187, and " The Local Authorities (Food Control) (Scotland) Order,
1917," p. 194), and breaches thereof may be prosecuted by Local Authorities in
England and Wales (see Food Controller's Order of May 8th, 1917, p. 192).
32
Penalty.
Interpreta-
tion.
Short Title
and Com-
mencement
of Order.
Manufacture of Flour and Bread Order (No. 2), 1917.
2. Any person acting in contravention of this Order is guilty
of a summary offence against the Defence of the Realm
Regulations.
3. For the purposes of this Order, the expression "game birds*'
shall include pheasants, partridges, quail, and wild duck.
4. (1) This Order may be cited as the Feeding of Game
Order, 1917.
(2) This Order shall come into force on the 15th day of
January, 1917.
llth January, 1917.
Devonport,
Food Controller.
THE MANUFACTURE OF FLOUR AND BREAD ORDER (No. 2), 1917.
DATED FEBRUARY 24, 1917. (a)
1917. No. 187.
All wheaten
Hour to be
straight run
flour.
Percentage
of flour to
be obtained
from wheat.
In exercise of the powers conferred upon him by Regulation ?F
of the Defence of the Realm Regulations, and of all other
powers enabling him in that behalf, the Food Controller hereby
orders as follows :
1. Except under the authority of the Food Controller no
person shall manufacture any wheaten flour other than a straight
run flour.
2. Except under the authority of the Food Controller no
person shall after 12th March, 1917, mill any wheat so that
the percentage of the extract of flour obtained from the cleaned
wheat ground in his mill during any month or other period is
less than the percentage (hereinafter called the prescribed per-
centage) ascertained on the basis of the percentages set forth
in the Schedule hereto, or such other percentages as the Food
Controller may from time to time prescribe.
Provided always that the following adjustments shall be made
in ascertaining the prescribed percentage:
(i) The percentage applicable to any Argentine wheat shall
be increased by J per cent, in respect of each J Ib. by
which the actual bushel weight of the Argentine wheat
milled shall exceed the bushel weight specified as
applicable thereto and shall be decreased by J per
cent, in respect of each \ Ib. by which the actual
bushel weight shall be less than the bushel weight
so specified.
(ii) In any case where the total product of the mill in
question is obtained exclusively from English, Scotch
and Irish wheat or any of them the percentage shall
be less by one than the percentage otherwise
applicable.
(a) SAMPLES OF FLOUR. The Food Controller's Order of June llth, 1917,
relating to Prosecutions by Inspectors of Weights and Measures, and printed in
Part III of this Manual (p. 1^3), empowers such an Inspector to take samples
of any flour in the possession of any miller or baker or seller of bread or flour.
Manufacture of Flour and Bread Order (No. 2), 1917.
3. (a) Except under the authority of the Food Controller
there shall, after the 12th March, 1917, (*) be mixed with the
wheaten flour not more than 15(*) per cent, and not less than
5(a) per cent, of flour obtained from rice, barley, maize, maize
semolina, oats, rye or beans or any other cereal for the time
being authorised by the Food Controller.
(6) The mixture shall be made either by addition to the
wheaten flour after it has been milled, or by milling the per-
mitted cereals with wheat, or partly in one way and partly in
the other way. In any case rice shall be milled to a 95 per cent,
extraction, maize semolina to a 70 per cent, extraction, and
maize and barley to a 60 per cent, extraction.
(c) The mixture shall be made by the miller before selling
or otherwise disposing of his flour.
4. Imported flour shall be dealt with only in manner pre-
scribed by the Food Controller from time to time.
5. Except under the authority of the Food Controller no person
shall after the 26th March, 1917, sell or offer for sale or manu-
facture bread or any other article of food for which wheatei)
flour is used unless the wheaten flour used therein is flour which
has been manufactured and otherwise dealt with as required by
this Order.(b) (c)
6. For the purpose of any statute, wheaten flour which has
been mixed with flour obtained from rice, barley, maize, maize
semolina, oats, rye, beans, in manner provided by this Order
or has been otherwise mixed in manner authorised by the Food
Controller, and does not contain any other ingredient, shall be
deemed to be exclusively composed of wheaten flour. (b)
7. If any person acts in contravention of this Order or aids
or abets any other person in doing anything in contravention ui
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulation.? unless he proves
that the contravention took place without his knowledge or
consent.(&)
8. This Order may be cited as the Manufacture of Flour and
Bread Order (No. 2), 1917.
Devonportj
24th February, 1917. Food Controller.
(a) MIXTURES. After April 10th, 1917, the mixture with the wheaten Hour
is to be not more than 25 and not less than J per cent. See The Manufacture
of Flour and Bread Order (No.-3), 1917, printed p. 36.
(b) WHEATEN FLOUR. The Bread Acts which are referred to in footnote
(d), p. 35, to the Bread Order, 1917, prohibited the admixture with wheaten
flour of any ingredients, and the Sale of Food and Drug Acts impose penalties
on the adulteration of flour.
(c) ENFORCEMENT OF CLAUSE 5. Clause 5 of this Order is enforceable by
Local Authorities in England, Whiles, and Scotland (see " The Local Authorities
(Food Control) Order (No. 1), 1917," p. 187, and " The Local Authorities
(Food Control) (Scotland) Order, 1917," p. 194), and breaches of that Clause
may be prosecuted by Local Authorities in England and Wales (see Food Con-
troller's Order of May 8th, 1917, p. 192), or by Inspectors of Weights and
Measures in England, Wales, and Ireland (see Food Controller's Order of
June llth, 1917, p. 194).
(d) LIABILITY OF DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4. " Miscellaneous Provisions as
to Offences," of this Manual), which was added to the Code since this Order was
made, provides that directors and officers shall be liable for offences by their
corporation or company.
Mixture*.
Imported
flour.
Manufacture
of bread.
Provision as
to statutes.
Penalty.
Title ami
commence
ment of
Order.
8167
34 Manufacture of Flour and Bread Order (No. 2), 1917.
Schedule.
Description of Wheat. Percentage.
Choice Bombay ... ... ... ... 83
Australian
Blue Stem 81J
Walla Walla (White and Red) 80i
Chilian 80
New Zealand 81
English 81
Scotch 80
Irish 81
No. 2 Club Calcutta 80
Choice White Kurrachee ... ... ... 80
Soft Red Kurrachee- 80
Rosafe 62 Ibs 78
Baril 61J Ibs 78
Barletta Russo 61J Ibs 78
No. 1 Hard Manitoba 81
No. 1 Northern Manitoba 80
No. 2 ditto 78
No. 3 ditto 76
No. 4 ditto. Commercial Grade ... 75
No. 5 ditto. ditto. ... 72
No. 6 ditto. ditto. ... 67
No. 4 ditto. Special Commercial Grade 70
No. 5 ditto. ditto. ... 63
No. 6 ditto. ditto. ... 53
No. 1 Hard and Montana Winter (1916) ... 82
No. 2 Hard Winter (Chicago or Atlantic)
Grading (1916) 81
No 2 Hard Winter (Gulf Inspection) (1916) 80
No. 2 Red Winter (Western) (1916) 81
No. 2 ditto. (Seaboard Inspection) (1916) 80
Steamer Grade Winters (1916) 79
Red Winters. All other Grades (1916) ... 81
Canadian Winters, Red or White 80
No. 2 Chicago Spring (1915) ...
Durum ... ... ... ... ... ... 77
Japanese... ... ... ... ... ... 79
Feed Wheat, Manitoba (1916) 43
Bread Order, 1917. 3fl
THE BREAD ORDER, 1917. DATED FEBRUARY 26, 1917. (a)(b)
1917. No. 189.
Tn exercise of the powers conferred upon him by Regulation 2p
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that the following provisions shall, except under the authority
of the Food Controller, be observed by all persons concerned :
1. No bread which has not been made at least 12 hours shall No new
be sold or offered or exposed for sale.
2. No loaf of bread shall be sold or offered or exposed for sale s ha > of
except in the shape either of a one piece oven bottom loaf or a loaves
tin loaf.(c)(d)
3. No currant bread, sultana bread or milk bread shall be Currant
sold or offered or exposed for sale. bread, &c.
4. No sugar(e) shall be used in the making of bread. Sugar.
5. No baker or seller of bread shall exchange any bread for Exchange of
other bread which he has sold. bread.
6. All bread shall be sold by weight and not otherwise,( f ) Sales to be
except bread sold for consumption on the premises of the seller. by weight.
7. No loaf of bread shall be sold or offered or exposed for sale Weight of
unless its weight be one pound or an even number of pounds, (d) a loif.
8. No roll of bread shall be sold or offered or exposed for sale Weight of
except a roll weighing two ounces. (er) rolls.
' (a) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales, and Scotland
(see "The Local Authorities (Food Control) Order (No. 1), 1917," p. 187, and
" The Local Authorities (Food Control) (Scotland) Order, 1917," p. 11)4), and
breaches thereof may be prosecuted by Local Authorities in England and Wales
(see Food Controller's Order of May 8th, 1917, p. 192) or by Inspectors of
Weights and Measures in England, Wales and Ireland (see Food Controller'!
Order of June llth, 1917, p. 193).
(b) SAMPLES OF FLOUR. The Food Controller's Order of June llth, 1917,
relating to Prosecutions by Inspectors of Weights and Measures, and printed in
Part III of this Manual (p. 193), empowers such an Inspector to take samples
of any flour in the possession of any miller or baker or seller of bread or flour.
(c) SHAPE OF LOAVES. By the Controller's General Licence of May 23,
1917 (p. 48), the sale of loaves in the shape of Pan Coburg loaves and twin-
sister brick loaves was authorised.
(d) SHAPE, SIZE, AND WEIGHT OF BREAD UNDER BREAD ACTS. The special
provisions of the Statute book as to bread are comprised in three Acts passed
nearly a century ago. Of these the London Bread Act of 1822 (3 Geo. 4. c. cvi. ;
local) applies to the area within 10 miles of the Royal Exchange, the Bread Act,
] 836 (6 & 7 Will. 4. c. 37) to the rest of England and to Scotland, and the Bread
(Ireland) Act, 1838 (1 & 2 Yict. c. 28) to Ireland. These Acts are to a great
extent in identical terms : s. 3 of each of them permitted bakers to make and
sell bread of any weight or size.
(e) USE OF SUGAR. For other restrictions on use of sugar, see Orders
printed under " 14. Sugar " pp. 163-182.
(f ) SALK BY WEIGHT. S. 4 of each of the Bread Acts referred to in
footnote (d) above, prohibited the sale of bread throughout the U.K. except by
weight, but this provision did not extend to the sale of bread " usually sold as
French or fancy bread " when those Acts came into force. See the proviso to
s. 4 in each Act and Aerated Bread Co., v. Gregg. (1873) L.R. 8 Q.B., 355 ;
the test of whether bread is "fancy bread" is a question of shape and size
rather than of quality. V.V. Bread Co. v. Stubbs (1896) 74 L.T. 704 ; Bailey v.
Barsby (1909) 2 K.B 610.
(g-) WEIGHT OF ROLLS. By the Controller's General Licence of May 23, 1917
(p. 48), the sale of rolls weighing not less than 1 oz. or more than 2 oz. was
authorised.
3167 B 2
36
Manufacture of Flour and Bread Order (No. 3), 1917.
Power to
weigh breaa.
When weight
to be tested.
Penalty.
Title and
Commence-
ment of
Order.
9. Any person authorised by the Food Controller or any
Inspector of Weights and Measures(a) may require any person
offering- or exposing any bread for sale to weigh such bread in
his presence and may also require any person in the course of
delivering any bread to permit him to weigh such bread.
10. For the purpose of this Order bread may be weighed at any
time within 30 hours of the completion of the baking thereof
but not later.
11. If any person acts in contravention of this Order or
aids or abets any other person in doing anything in contravention
of this Order that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulations unless he proves
that the contravention took place without his knowledge or
consent, (b)
12. (a) This Order may be cited as the Bread Order, 1917.
(6) This Order shall come into force on the 12th March, 1917.
Devonport,
26th February, 1917. Food Controller.
THE PUBLIC MEALS ORDER 1917. DATED APRIL 4, 1917.
[This Order, printed p. 158, restricts the quantity of flour and
bread to be used in or by any public eating place.]
THE MANUFACTURE OF FLOUR AND BREAD ORDER (No. 3), 1917.
DATED APRIL 4, 1917. (c)
1917. No. 315.
In exercise of the powers conferred upon him by Regulations
2r and 2j of the Defence of the Realm Regulations, and of all
other powers enabling him in that behalf, the Food Controller
hereby orders that the Manufacture of Flour and Bread Order
(No. 2) 1917 (hereinafter called the principal order) (d) shall be
varied as follows:
1. In lieu of the mixtures mentioned in Article 3 (a) of
the principal order, there shall after the 10th April
1917 be mixed with the wheaten flour therein
referred to, not more than 25 per cent, and not less
than 10 per cent, of flour obtained from the cereals
mentioned in such article, and the principal Order
shall stand varied accordingly.
2. This Order may be cited as the Manufacture of Flour
and Bread Order (No. 3.) 1917.
Devonport,
4th April, 1917. Food Controller.
(a) INSPECTORS OF WEIGHTS AND MEASURES. These are officers of, and
appointed by, the local authorities, viz. in the City, the Court of Aldermen, in
certain English municipal boroughs of over 10,000 population^ the Town Council,
in Scottish burghs the Magistrates, in Dublin the Commissioners of Police, in
Irish boroughs the Town Council, and elsewhere throughout the U.K. the
County Councils. See s. 50 and sch. 4 of the Weights and Measures Act, 1878
(41 & 42 Viet. c. 49) as amended by the Local Government Acts.
(b) LIABILITY OF DIRECTORS, c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
(c) SAMPLES OF FLOUR. The Food Controller's Order of June llth, 1917,
relating to Prosecutions by Inspectors of Weights and Measures, and printed in
Part III of this Manual (p. 19n), empowers such an Inspector to take samples
of any flour in the possession of any miller or baker or seller of bread or flour.
(d) MANUFACTURE OF FLOUR AND BREAD ORDER (No. 2), 1917. That
Order is printed D. 32.
Wheat, Barley and Oats (Prices) Order, 1917. 37
WHEAT, BARLEY AXD OATS (PRICES) ORDER, 1917, DATED
APRIL 16, 1917, RELATING TO GRAIN HARVESTED IN 1916. (a)(b)
1917. No. 363.
In exercise of the powers conferred upon him by Regulation 2f
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no wheat, Maximum
barley (other than kiln dried barley) or oats harvested in the prices.
United Kingdom in the year 1916 may be sold at prices exceeding
prices at the following rates :
Wheat 78s. per quarter of 480 Ibs.
Barley 665. per quarter of 400 Ibs.
Oats 555. per quarter of 312 Ibs.
2. The buyer shall be entitled to require the grain to be placed Delivery,
on rail or (at the option of the seller) to be delivered to the
buyer's premises, and no additional charge may be made in
respect thereof.
3. Except in so far as the Food Controller may in any par- Contracts,
ticular case otherwise determine, the following provision shall
have effect in the case of any contract subsisting at the date of
this Order for the sale of any of the grains mentioned where the
contract price exceeds the permitted maximum price :
The contract shall stand so far as concerns any such grain
which has been paid for or has been delivered or which under
the contract is to be delivered within one month from the date of
such contract, but otherwise shall be avoided.
4. No person shall sell or buy or offer to sell or buy any of the Offers and
grain mentioned at a price exceeding the permitted maximum conditions,
price or in connection with a sale or proposed sale of any such
grain enter or offer to enter into any fictitious or artificial transac-
tion or make any unreasonable charge.
5. If any person acts in contravention of this Order or aids or Penalty,
abets any other person in doing anything in contravention of thb
Order, that person is guilty of a summary offence against the
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty of a
summary offence against those regulations unless he proves that
the contravention took place without his knowledge or consent. (c)
6. This Order may be cited as the Wheat, Barley and Oats Title of
(Prices) Order, 1917. Order -
Devonport,
16th April, 1917. Food Controller.
(a) APPLICATION OF ORDER. On April 19th it w;is announced that the
Order would not apply prior to 26th May to bond fide sales of grain (for seed
purposes) to growers.
On April 30th a general permit was issued entitling wholesale dealers to add a
commission of Is. per quarter to the prices in the Order and retail dealers to add
a further 2*. per quarter, the price with all commissions added in no event to
exceed by more than 3s. the prices in the Order. This general permit also took
the opportunity of stating the terms upon which the prices in the Order were
understood to be based. The Order refers only to home grown wheat, barley
and oats of the 1916 crop and excludes kiln dried barley.
With the exception of kiln dried barley now held by the Royal Commission
on Wheat Supplies, very little of the 1916 grain crop remains in existence.
(b) MAXIMUM PRICES FOR GRAIN HARVESTED IN 1917. -See Grain (Prices)
Order, 1917, p. 49.
(c) LIABILITY OF DIRECTORS, &c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2). 1917. D. 33.
an-,7 B 3
38 Barley (Requisition) Order, 19 IT.
THE BARLEY (REQUISITION) ORDER, 1917. DATED APRIL 16, 1917.
1917. No. 364.
In exercise of the powers conferred upon him by Regulations
2p and 2a of the Defence of the Realm Regulations, and of all
other powers enabling him in that behalf, the Food Controller
hereby orders as follows :
1. All persons owning or having power to sell or dispose of
any barley (other than home grown barley which has not been
kiln dried) shall place such barley at the disposal of the Food
Controller and shall deliver the same to him or such persons as
may be named by him in such quantities and at such time as the
Food Controller may from time to time require.
2. Pending any direction no person shall remove or otherwise
dispose of any such barley (whether in pursuance of a contract
existing at the dajfce of this Order or not) and all persons concerned
shall take such steps as may be reasonably necessary to maintain
the same in good condition.
3. All persons owning or having power to sell or dispose of such
barley shall on or before the 30th April, 1917, furnish to the Food
Controller, Grosvenor House, Upper Grosvenor Street, London,
W.I, a statement on forms to be obtained from the Food Con-
troller, giving particulars of all such barley in their possession or
under their control at the date of this Order, and of all their
existing contracts if any for the sale of such barley.
4. The Food Controller will subsequently communicate to the
owners of barley taken over by him the prices which he will be
prepared to pay for the same.
5. The arbitrator to determine in default of agreement the
compensation to be paid for barley requisitioned under this Order
shall be appointed by the Lord Chief Justice of England
6. This Order shall not apply
(a) to persons who do not own more than 25 qrs. (448 Ibs. per
quarter) of barley at the date of the Order ;
(b) to barley in the hands of or held to the order of flour
millers at the date of this Order ;
(c) to barley agreed to be sold to the Royal Commission on
the Wheat Supply.
7. If any person acts in contravention of this Order or aids
or abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulations unless he proves
that the contravention took place without his knowledge or
consent. (&)
8. This Order may be cited as the Barley (Requisition) Order,
1917.
Devonport,
Food Controller.
16th April, 1917.
(a) LIABILITY OF DIFECTORS, &o., or COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
CaJce and Pastry Order, 19.17. 3
THE CAKE AND PASTRY ORDEE, 1917. DATED APRIL 18, 19 17. (a)
1917. No. 372.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that, except under the authority of the Food Controller, the
following regulations shall be observed by all persons con-
cerned :
1. No person shall after the 21st April, 1917, make or attempt Making and
-to make for sale, or after the 24th April, 1917, sell or offer to sell sale of <***
or have in his possession for sale : and T )ast et
(a) Any crumpet, muffin, tea cake or fancy bread, or any
light or fancy pastries, or any other like article.
(&) Any cake, bun, scone or biscuit, which does not conform
to the requirements of the two following provisions of
this Order.
2. In the making of any cake, bun, scone or biscuit, no edible Added
substance shall be added to the exterior of the cake mixture or substances,
dough after it has been mixed, or to the article during the pro-
cess of or after baking.
3. Cake. No cake shall contain more than 15 per cent, of sugar Flour and
or more than 30 per cent, of wheaten flour. sugar.
Bun. No bun shall contain more than 10 per cent, of sugar or
more than 50 per cent, of wheaten flour.
Scone. No scone shall contain any sugar or more than 50 per
cent, of wheaten flour.
Biscuit. No biscuit- shall contain more than 15 per cent, of ,
sugar.
The percentage shall be determined in ever} 7 case by reference
io the weight of the baked article taken at any time. The per-
centage of sugar shall be ascertained by analysis of a sample
representing a fair average of the whole article, and all sugar
contained in the baked article shall be taken into account, in
whatsoever form it may have been introduced.
4. The foregoing provisions of this Order shall not apply to any Exceptions
cake or biscuit proved to have been made before the 23rd April,
1917.
5. The provisions of the Sale of Food and Drugs Acts relating Warranties,
to warranties and invoices shall apply to any proceedings under
(a) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales, and
Scotland (see " The Local Authorities (Food Control) Order (No. 1), 1917,"
p. 187, and " The Local Authorities (Food Control) (Scotland) Order, 1917 "
p. 194), and breaches thereof may be prosecuted by Local Authorities in
Englandjand Wales (see Food Controller's Order of May 8th, 1917, p. 192), or
by Inspectors of Weights and Measures in England, Wales, and Ireland {see
Food Controller's Order of June llth, 1917, p. 193).
3167 B 4
40
Cake and Pastry Order, 1917.
the foregoing provisions of this Order in the same way as they
apply to proceedings under those Acts. (a)
Inspection. g < Any person authorised by the Food Controller, and any In-
spector of AVeights and Measures(b) may enter upon any premises
where he has reason to suspect any article is being made or sold
or exposed for sale in contravention of this Order, and take
samples thereof.
Clubs. 7. This Order shall apply to articles made or supplied in Clubs
in the same way as it applies to articles made or supplied for
sale.
Rationing of 8. (a) The following provision shall apply to every public
Tea Shops. eating place as denned in the Public Meals Order 1917(c) which
is exeepted from that Order under clause 7 (b) thereof:
No individual customer shall be served at any meal what-
soever which begins between the hours of 3 p.m. and
6 p.m. with more than 2 ozs. in the whole of bread, cake,
bun, scone and biscuit.
(b) This clause shall not apply to any public eating place
where:
(1) No customer is ever charged more than Qd. in respect
of a meal (including the charge for beverages) begun
between 3 p.m. and 6 p.m. which does not include
meat, fish or eggs; and
(2) There is exhibited on every tariff card and also in a
conspicuous position in every room where meals are
usually served a notice to the effect that no customer
will be so charged.
(c) This clause shall not come into force until the 23rd April,
1917.
Interpre- 9. For the purpose of this Order the' expression " Wheaten
tation. Flour" shall mean any flour for the time being authorised to
be used in the manufacture of wheaten bread, and the expression
"sugar" shall include glucose".
(a) PROVISIONS OF SALE OF FOOD AND DRDGS ACTS AS TO WARRANTIES
AND INVOICES. S. 25 of the 1875 Act (38 & 39 Viet. c. 63) provides that if
a defendant in any prosecution under that Act proves that he bought the article
in the same state as sold and with a warranty he shall be discharged. There
must be some writing connecting the particular consignment with the warranty.
A series of reported cases turn on the question as to whether an invoice amounts
to a warranty and it would seem that it does so amount if it contains a state-
ment guaranteeing the article, provided that it can be regarded as the actual
contract of sale.
S. 7 of the Margarine Act, 1887 (50 & 51 Viet., c. 52), makes provision
as to warranties, and s. 12 of that Act provides for proceedings thereunder
being the same as are prescribed by ss. 12 to 28 of the Sale of Food and
Drugs Act, 1875.
S. 20 of the 1899 Act (62 & 63 Viet. c. 51) provides that a warranty or invoice
shall not be available as a defence unless the defendant sends a copy thereof to
the purchaser within 7 days after service of the summons and makes further
provision as to warranties.
(b) INSPECTORS OF WEIGHTS AND MEASURES. See footnote (a) to Bread
Order, 1917, p. 36.
(c) PUBLIC MEALS ORDER, 1917. That Order is printed as amended by the
Public Meals Orders (Nos. 2 and 3), 1917, p. 158.
Wheat, Rye, and Rice (Restriction) Order, 1917. 41
10. If any person acts in contravention of this Order or aids Penalty,
and abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against the
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty of a
summary offence against those regulations unless lie proves that
the contravention took place v;ithout his knowledge or consent. (a)
11. This Order may be cited as the Cake and Pastry Order/Title.
1917.
Devonport,
Food Controller.
18th April, 1917.
THE WHEAT, RYE AND RICE (RESTRICTION) ORDER, 1917. DATED
APRIL 20, 1917. (b)
1917, No. 376.
In exercise of the powers conferred upon him by Regulation F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that, except under the authority of the Food Controller, the
following regulations shall be observed by all persons con-
cerned :
1 . (a) No person shall use any wheat or rye except for the wheat and
purpose of seed or except in the process of manufacturing flour, rye to be
(b) This clause shall not apply to tailings or screenings or to use( ^ only
wheat or rye which has been so damaged as to be unsaleable for n r se
milling.
2. (a) No person shall after the 28th April, 1917, use any u se O f
wheaten flour, rye flour, rice or rice flour, except in the manufac- wheaten
ture of articles suitable for human food, or use any article nour . etc.
containing any wheaten flour, rye flour, rice or rice flour except as
human food.
(b) This clause shall not apply to wheaten flour, rye flomv
rice or rice flour which on the 28th April, 1917, had been so
treated as to be unfit for the purposes of human food, or to any
article which on the 28th April, 1917, is unfit for such purposes.
3. No person shall damage or permit to be damaged or after Damaging
the 28th April, 1917, treat or permit to be treated any wheat, wheat, etc.
wheaten flour, rye, rye flour, rice or rice flour, or any article con-
taining wheaten flour, rye flour, rice or rice flour so as to render
the same less fit for the purposes for which under this Order it is
reserved.
4. No person shall waste or permit to be wasted any flour or other Waste,
article referred to in the last preceding clause.
(a) LIABILITY OF DIRECTORS, &c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
(b) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales, and Scot-
land (see " The Local Authorities (Food Control) Order (No. 1), 1917" p. 187,
and "The Local Authorities (Food Control) (Scotland) Order, 1917 " p. 194),
and breaches thereof may be prosecuted by Local Authorities in England and
Wales (see Food Controller's Order of May 8th, 1917, p. 192).
Samples.
Interpreta-
tion.
Revocation.
Penalty.
Title of
Order.
Flour Mills Order, 1917.
5. Any person authorised by the Food Controller may take
samples of any wheat, wheateii flour, rye, rye flour, rice or rice
flour or other article which he has reason to suspect is being used,
treated or damaged or is intended to be used, treated or damaged
in contravention of this Order.
6 For the purposes of this Order the expression " Wheaten
Flour" shall include any flour of which flour obtained from wheat
forms part.
7. The Waste of Wheat Order 1916, and the Wheat (Revstric-
tion) Order 1917 are hereby revoked(a) without prejudice to any
proceedings in respect of any contravention thereof.
8. If any person acts in contravention of this Order or aids or
abets any other person in doing anything in contravention of this
Order, that person is guilty of a summary offence against the
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty of a
summary offence against those regulations unless he proves that
the contravention took place without his knowledge or consent. (b)
9. This Order may be cited as the Wheat, Rye and Rice
(Restriction) Order, 1917.
Devonport,
Food Controller.
20th April, 1917.
THE FLOUR MILLS ORDER, 1917. DATED APRIL 20, 191T.(o)
1917. No. 377.
In exercise of the powers conferred upon him by Regula-
tion 2GG of the Defence of the Realm Regulations, which is set
out at the foot of this Order, (d) and of all other powers enabling
him in that behalf, the Food Controller hereby orders as
follows :
1. The provisions of Regulation 2GG of the Defence of the
Realm Regulations are hereby applied as from the 30th April,
1917, to all flour mills in the United Kingdom which. at the date
of this Order use any wheat in the making of flour except mills
the output capacity of which is less than 5 sacks of flour per
hour.
2. This Order may be cited as the Flour Mills Order, 1917.
Devonport,
Food Controller
20th April, 1917.
(a) REVOKED ORDERS. The two revoked Orders are printed at pp. 210, 212
of the February, 1917, Edition of the " Defence of the Realm Manual."
(b) LIABILITY OF DIRECTORS, &c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
(c) SAMPLES OF FLOUR. The Food Controller's Order of June llth, 1917,
relating to Prosecutions by Inspectors of Weights and Measures and printed in
Part III. of this Manual (p. 193) empowers such an Inspector to take samples of
any flour in the possession of any miller or baker or seller of bread or flour.
(d) REGULATION 2GG.- This Regulation is printed at p. 9, and is therefore
not reprinted at the foot of this Order.
Maize, Barley and Oats (Restriction) Order, 1917. 43
THE MAIZE, Barley AND OATS (RESTRICTION) ORDER, 1917. DATED
MAY 2, 1917. (a)
1917. No. 404.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling* him in that behalf, the Food Controller hereby orders
that, except under the authority of the Food Controller, the
following regulations shall be observed by all persons con-
cerned :
1. (a) No person shall, after the 9th May, 1917, use or Maize,
treat any maize, barley ,(h) or oats, or any product cbtained from barley (b)
maize, barley, (b) or oats, or any article containing maize, and oats to
7 7 /- v y , , i ,1 be used only
barley ,(0) or oats, or containing any sucn product except ior the f of 8ee( j or
purposes permitted by this clause. human or
(6) The permitted purposes are seed, human and animal food,
and the manufacture of articles of food, but do not include the
manufacture of glucose.
(c) This clause shall not apply to such products and articles
as on the 9th May, 1917 are unfit to be used in human or animal
food.
2. No person shall, after the 9th May, 1917, use or treat any Tapioca, etc. ,
tapioca, sago, manioc, or arrowroot for any purpose except for for human
human food or in the manufacture of articles suitable for human
food.
3. Any person authorized by the Food Controller may take Samples,
samples of any cereal or other article which he has reason to
suspect is being used or treated, or is intended to be used or
treated, in contravention of this Order.
4. If any person acts in contravention of this Order or aids Penalty,
or abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulations unless Tie proves
that the contravention took place without his knowledge or
consent. (c)
(a) ENFORCEMENT OP ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales and Scotland
(see "The Local Authorities (Food Control) Order (No. 1), 1917," p. 187),
and " The Local Authorities (Food Control) (Scotland) Order, 1917 " (p. 194),
and breaches thereof may be prosecuted by Local Authorities in England and
Wales (see Food Controller's Order of May 8th, 1917, p. 192).
(b) REVOCATION OF ORDER AS TO BARLEY. This Order is revoked as
regards barley by Art. 7 of the Barley (Restriction) Order, 1917, p. 53.
(a) LIABILITY OF DIRECTORS, &c., OF COMPANY. -See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
44
Title of
Order.
Oat and Maize Products (Retail Prices) Order, 1917.
5. Tliis Order may be cited as the Maize, Barley and Oats-
(Restriction) Order, 1917.
Devonport,
Food Controller.
2nd May, 1917.
THE OAT AND MAIZE PRODUCTS (EETAIL PRICES) ORDER, 1917.
DATED MAY 9, 1917. (a)
1917. No. 429.
Maximum
prices for
maize meal,
oat meal, etc.
Packages.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no person
shall on or after the 21st May, 1917, sell or buy or offer to sell
or buy by retail,
(a) any maize flour, maize flakes, maize semolina, hominy,
cerealine or maize meal at a price exceeding a price
at the rate of 4d.(b) per Ib. ;
(6) any oatmeal, rolled oats or flaked oats or other like pro-
ducts of oats at a price exceeding a price at the rate of
5id.(o) per Ib.
2. The maximum price shall include all charges for bags and
other packages and no additional charge may be made therefor.
Fictitious 3. No person shall in connection with a sale or proposed sale
transactions. o f any article to which this Order applies enter or offer to enter
into any fictitious or unreasonable transaction or make or propose
to make any unreasonable charge.
(a) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
As to the enforcement of this Order by Local Authorities in England and
Wales, see the Order printed at the foot hereof, and as to such enforcement
. in Scotland, see " The Local Authorities (Food Control) (Scotland) Order.
1917 "-(p. 194), and breaches thereof may be prosecuted by Local Authorities
in England and Wales (see Food Controller's Order of May 8th, 1917, p. 192).
(b) MAXIMUM PRICES FOR MAIZE MEAL, &c. From June 18, 1917, the
maximum price is decreased to 3id., see the Oat and Maize Products (Retail
Prices) Order, No. 2, 1917, p. 47.
(c) MAXIMUM PRICES FOR OAT MEAL, &c. From June 18, 1917, the maxi-
mum price is decreased to 5d. in England and Ireland, and to \\d. in Scotland,
see the Oat and Maize Products (Retail Prices) Order, No. 2, 1917, p. 47.
Oat and Maize Products (Retail Prices) Order, 1917. 4
4. Except in such cases as the Food Controller may otherwise Proprietary
determine, this Order shall apply to proprietary brands of the Brands.
articles mentioned. (a)
(a) LICENCES FOR SELLING PROPRIETARY BRANDS. ! he Food Controller
has issued 5 licences under the Oat and Maize Products (Retail Prices) Order,
1917, as varied by the Oat and Maize Products (Retail Prices) Order (No. 2),
1917, as follows :
[NOTICE OF AUGUST 20'ni, 1917.]
(1) All persons concerned may sell " Quaker Oats" in 1 Ib. packets (gross
weight) for od. and in '2 Ib. packets (gross weight) for 9 id.
(2) The International Plasmon, Limited, 66a, Farringdon Street, E.G. 4,
may sell their " Plasmon Oats " packed in 1 Ib. (nett weight) packets
at a price not exceeding 9t/. per packet.
The following conditions are attached to this licence :
(a) No variation must be made in percentage of constituents from
those submitted to the Ministry of Food.
(&) The authorised price must be advertised to the PubTic.
(e) The following label must be attached to each package :
" This Package contains 1 Ib. (nett weight) and is licensed by
the Food Controller to be sold at a price not exceeding 9d."
(3) The Manbre Saccharine Company, Limited, Britannia Works, Hammer-
smith, W. 6, ma-y sell " Melah " at a price not exceeding 6d. per 1 Ib.
(nett weight).
The following conditions are attached to this licence :
(a) No variation must be made in percentage of constituents or
treatment from those submitted to the Ministry of Food.
(b) The permit must be advertised on each package in the following
form :
" Melah " is licensed by the Food Controllerto be sold at
price not exceeding 6d. per 1 Ib. (nett weight).
(4) J T. Saunders, 2, Orchard Road, Kingston-on-Th ames, may sell
" Saunders' Scotch Porridge Meal " at a price not exceeding S^d. per
Ib. (nett weight).
The following announcement must be made on each package or by
advertisement :
" Saunders' Scotch Porridge Meal is licensed by the Food Controller
to be sold at a price not exceeding S^d. per 1 Ib. (nett weight)."
U. F. Wintour,
Secretary of the Ministry of Fjod.
20th August, 1917.
[NOTICE OF SEPTEMBER 25Tii, 1917.]
(5) Messrs. J. & J. Colman, Ltd., 108, Cannon Street, E.G., are authorised
to sell by retail a preparation manufactured and sold by them as
"Robinson's Groats" at a price not exceeding Is. per pound net
weight.
The following conditions are attached to this license :
() It shall extend only to groats delivered from their mill prior to
1st January, 1918, and to a quantity of groats not exceeding
50 per centum of the quantity delivered from the mill during
the months of September, October, November and December,
1916.
(/>) That every retail packet of groats packed by them after this
date or delivered by them after the 30th September, 1917 r
whether packed before or after this date shall, when sold by
them, and at the time of the retail sale thereof bear a con-
spicuous slip or label as follows :
" This packet is licensed by the Food Controller to be sold
at a retail price not exceeding Is. per pound net weight, and is
for the use of invalids and young children only."
W. H. Beveridge,
Second Secretary of the Ministry of Food.
25th September, 1917.
46
Penalty.
Title of
Order.
Prohibition
on dealings
in Oats
outside the
United
Kingdom.
Dealings in Oats (Restriction) Order, 1917.
5. If any person acts in contravention of this Order or aids or
abets any other person in doing anything in contravention of this
Order, that person is guilty of a summary offence against the
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty of a
summary offence against those regulations unless he proves that
the contravention took place 'without his knowledge or consent. (a)
6. This Order may be cited as the Oat and Maize Products
(Retail Prices) Order, 1917.
Devonport,
9th May, 1917 Food Controller.
The Local Government Board, by arrangement with the Food
Controller, hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917, shall apply to the
above Order of the Food Controller as if that Order were
mentioned in Column 1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917. (b)
Dated this 10th day of May, 1917.
F.J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their General
Order dated the 26th day of May, 1877 .(c)
THE DEALINGS IN OATS (RESTRICTION) ORDER, 1917. DATED
MAY 14, 1917.
1917. No. 444.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller, no
person shall either on his own behalf or on behalf of any other
person :
(a) buy, sell or deal in ; or
(b) offer, or invite an offer, or propose to buy, sell or
deal in ; or
(c) enter into negotiations for the sale or purchase or other
dealing in
any Oats outside the United Kingdom, whether or not the sale,
purchase or dealing is, or is to be, effected in the United Kingdom :
provided that until further notice all persons are authorised
(a) to ship, dispose of, and deal in Oats already bought for
future shipment;
(a) LIABILITY OP DIRECTORS, &c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
(b) LOCAL AUTHORITIES (Fooo CONTROL) ORDER (No. 1), 1917. The effect
of that Order (printed p. 187) coupled with the Food Controller's Order of the
same date (p. 192) is to empower Local Authorities in England and Wales to
enforce the present Order and to prosecute before courts of summary jurisdiction
for breaches ol' the same.
(c) GENERAL ORDER OF MAY 26, 1877. See footnote (b) to Local Govern-
ment Board Determination on Beans, Peas and Pulse (Retail Prices) Order, p. 27.
Oat and Maize Products (Retail Prices} Order , No. 2, 1917.
47
(6) to buy, sell or deal in Oats on passage to, or arrived at,
or already landed in the United Kingdom ;
(c) to fulfil any sales made prior co the date of this Order
whether on a c.i.f. basis or on any other basis.
2. All persons concerned shall before the 21st May, 1917, furnish Returns of
to the Secretary of the Oats Control Committee, Grosvenor House, stocks of
Upper Grosvenor Street, London. W.I, a statement showing Oats to
(i) stocks of their oats afloat, arrive -
(ii) unshipped purchases of oats at the date of this Order,
(iii) quantity sold or unsold in each case.
3. If any person acts in contravention of this Order or aids or
abets any other person, whether or not such other person is in the
United Kingdom, in doing anything which if done in the United
Kingdom would be a contravention of this Order, that person is Penalty,
guilty of a summary offence against the Defence of the Realm
Regulations, and if such person is a company every director and
officer of the company is also guilty of a summary offence against
those regulations unless he proves that the contravention took
place without his knowledge or consent. (a)
4. (a) This Order may be cited as the Dealings in Oats Title and
(Restriction) Order, 1917.
(6) This Order shall come into force on the 15th May, 1917.
commence-
ment of
Order.
14th May, 1917.
Devonport,
Food Controller.
THE OAT AND MAIZE PRODUCTS (RETAIL PRICES) ORDER, No. 2 t
1917. DATED MAY 23, 1917.
1917. No. 482.
In exercise of the powers conferred upon him by Regulations
2r and 2j of the Defence of the Realm Regulations, and of all
other powers enabling him in that behalf, the Food Controller
hereby orders as follows :
1. On and after the 18th June, 1917, the maximum price
mentioned in Clause 1 (a) of the Oat and Maize Pro-
ducts (Retail Prices) Order, 1917 (hereinafter called
the Principal Order) (b) for maize flour, maize flakes,
maize semolina, hominy, cerealine or maize meal shall
be 3$d. per Ib. in the United Kingdom and the maxi-
mum price mentioned in clause 1 (b) of the Principal
Order for oatmeal, rolled oats, flaked oats or other
like products of oats shall be 4|d. per Ib. in Scotland
and bd. per Ib. elsewhere in the United Kingdom, and
the Principal Order shall take effect accordingly.
2. This Order may be cited as the Oat and Maize Products
(Retail Prices) Order, No. 2, 1917.
Devonport,
Food Controller.
23rd May, 1917.
(a) LIABILITY OF DIRECTOR, &c., OF COMPANY. See footnote (d) to Manu-
facture of Flour and Bread Order (No. 2), 1917, p. 33.
(b) OAT AND MAIZE PRODUCTS (RETAIL PRICES) ORDER, 1917. That
Order is printed p. 44.
48
General Licence under Bread Order; Flour Mills Order No. 2,
1917.
Regulation
2dG applied
to certain
mills.
Particulars
to be given
completed in
respect of all
mills.
Wheat to be
ground only
at certain
mills.
Records and
Returns.
GEXERAL LICENCE, DATED MAY 23, 1917, UNDER THE BREAD ORDER,
1917. (a)
1917. No. 483.
The Food Controller hereby authorises all persons concerned to
sell and expose for sale
(a) loaves of bread in the shape of Pan Coburg loaves and
twin sister brick loaves; and
(b) rolls of bread weighing not less than one ounce and not
more than two ounces,
provided that the provisions of the Bread Order, 1917, (a) are in
all other respects complied with.
Devonport,
23rd May, 1917. Food Controller.
THE FLOUR MILLS ORDER No. 2, 1917. DATED JULY 31, 1917. (b)
1917. No. 774.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations, and of all other powers enabling him
in that behalf, the Food Controller hereby orders as follows :
1. The provisions of Regulation 2oo of the Defence of the
Realm Regulations are hereby applied as from the close of
business on the llth August, 1917:
(a) To every Flour Mill in the United Kingdom, which
uses any wheat in the making of flour or meal, (here-
inafter referred to as a flour mill) except a mill to
which the Flour Mills Order, 1917, applies; and
(b) to every provender and grist mill connected with any
flour mill as part of the same establishment.
2. Every person having the management or control of a Flour
Mill shall before the 7th August, 1917, forward to the Food
Controller, Grosvenor House, London, W.I, particulars of the
name or names of the proprietor or proprietors and postal address
of the mill and the hourly and weekly output capacity of the
mill for the production of flour.
3. From and after the llth August, 1917, no person shall
grind wheat except at a mill in respect of which the particulars
required by the foregoing clause have been furnished.
4. (i.) Every person having the control or management of a
flour mill shall keep such records relating to grain received, held
and used, and relating to the operations of the mill as ^he Food
Controller may from time to time direct, and shall make ^ich
returns relating to the operations of the mill as the Food
Controller may from time to time require.
(ii.) All records and documents kept in accordance with this
clause shall upon any request in that behalf be produced to and
open to- the inspection of any person authorised by the Food
Controller.
(a) BREAD ORDER, 1917. That Order is printed p. 35.
(b) SAMPLES OF FLOUR. The Food Controller's Order of June 11th, 1917,
relating to Prosecutions by Inspectors of Weights and Measures and printed in
Part III of this Manual (p. 19H) empowers such an Inspector to take samples of
any flour in the possession of any miller or baker or seller of bread or flour.
Grain (Prices) Order, 1917.
49
5. If a person refuse or neglect to make a return or makes or lufringe-
causes to be made a false return, or otherwise infringes the pro- ments -
visions of this Order, he is guilty of a summary offence against
the Defence of the Realm Regulations.
6. This Order may be cited as the Flour Mills Order No 2 Title -
1917.
By order of the Food Controller,
U. F. Wintour,
31st July, 1917. Secretary to the Ministry of Food.
THE GRAIN (PRICES) ORDER, 1917, DATED AUGUST 14, 1917,
RELATING TO GRAIN HARVESTED IN 1917. (a)
1917. No. 820.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that except under the authority of the Food Controller the
following regulations shall be observed by all persons con-
cerned : Maximum
1. No Wheat, Rye, Oats or Barley harvested in the United Pe(b)
Kingdom in the year 1917, may be sold at prices exceeding the
maximum prices(b) applicable according to the provisions of this
Order. Table of
2. (a) The maximum price applicable on any transaction maximum
shall subject as hereinafter provided be a price at the rate speci- P nces -
fied in the following table :
Agreed date of delivery of Grain
sold.
Wheat and
Rye Rate per
Quarter of
604 Ibs.
Oats Rate
per
Quarter of
336 Ibs.
Birley Rate
per Quarter of
448 Ibs.
Where delivery is to be made before
S. d.
s. d.
S. d.
the 1st December, 1917, the price
shall not exceed
73 6
44 3
62 9
Where delivery is to be made in the
month of December, 1917, or Janu-
ary, 1918, the price shall not exceed
74 6
45 3
62 9
Where delivery is to be made in the
month of February or March, 1918,
the p~ice shall not exceed ...
75 6
46 3
62 9
Where at.' i very is to be made in the
month of Aoril or May, 1918, the
price shall not exceed
76 9
47 3
62 9
Where delivery is to be made on or
after the 1st June, 1918, the price
shall not exceed
77 9
48 6
62 9
(a) MAXIMUM PRICES FOR GRAIN HARVESTED IN 1916. See Wheat, Barley
and Oats (Prices) Order, 1917, p. 37.
(b) MINIMUM GROWERS' PRICES OF WHEAT AND O.\TS. Part I. of the
Corn Production Act, 1917 (printed as Part IV, 1, of this Manual) provides for
payments to growers where average price of wheat or oats is less than the mini-
mum prescribed by that Act. A Memorandum of the Department of Agriculture
and Technical Instruction for Ireland as to Minimum Prices under the Act and
Maximum Prices under the Order is printed as Part IV. 4, of this Manual.
50
Grain (Prices) Order, 191'
Maximum
price for oats
sold for
oatmeal and
barley sold
to licensed
buyers.
Maximum
prices for
damaged
grain.
Permissible
additions on
purchases
from recog-
nised dealers.
(6) The rate per quarter applicable for delivery during aiiy
period according to the foregoing table is hereinafter called the
standard rate.
3. (a) Where Oats suitable for the manufacture of Oatmeal
rolled Oats or flaked Oats for human consumption are bought
by an Oatmeal Miller specifically for the purpose of such manu-
facture, or by a recognised dealer specifically buying for re-sale
for such manufacture, the maximum price shall be ascertained
by adding 3s. per quarter to the standard rate.
(6) Where Barley is bought by a person requiring and holding
a License from the Food Controller granted for the purpose of
entitling him to use Barley for a manufacturing business carried
on by him, or by a recognised dealer specifically buying for re-
sale to such a person, the maximum price shall be ascertained
by adding 55. 3d. per quarter to the standard rate.
4. (a) In the case of Wheat and B/ye so damaged as to be
unfit for milling, and Wheat and Rye tailings and dressings,
the maximum price shall be ascertained by deducting 7s. per
quarter from the standard rate.
(b) In the case of Barley so damaged as to be unfit for milling
and Barley tailings and dressings, the maximum price shall be
ascertained by deducting 75. 9d. per quarter from the standard
rate.
(c) In the case of Oats improperly cleaned or containing an
undue quantity of soil, and Oat tailings and dressings, the
maximum price shall be ascertained by deducting 55. per quarter
from the standard rate.
5. On the occasion of the purchase of any of the grains men-
tioned from any person who is a recognised dealer in grain and
who is not the producer of the Grain sold, the following provisions
shall have effect :
(i) Where the purchase is made by a Flour Miller buying for
the purpose of his Mill, the maximum price shall be
ascertained by adding 15. per quarter to the price
otherwise applicable according to the foregoing pro-
visions of this Order.
(iij Where a purchase is made otherwise than by a Flour
Miller buying for the purpose of his Mill, the maxi-
mum price shall be ascertained by adding 25. per
quarter to the price otherwise applicable according to
the foregoing provisions of this Order, provided that
where the total quantity of a particular kind of Grain
purchased by one buyer from one seller does not in
any period of seven consecutive days including the
day of sale exceed 15 sacks, the maximum price in
respect of each quarter so purchased shall be ascer-
tained by adding 45. per quarter to the price otherwise
applicable according to the foregoing provision of this
Order, and where such total quantity does not in that
period amount to one sack the maximum price in-
Grain (Prices) Order, 1917. 51
respect of each quarter so purchased shall be ascer-
tained by adding' Ss. per quarter to the price otherwise
applicable according; to the foregoing provisions of
this Order.
6. (a) The maximum prices under this Order are fixed on the Terms of
basis of the following terms and conditions being applicable to the trading,
transaction :
(i) Payment to be net cash within seven days of completion
of delivery and monies then unpaid thereafter to carry
interest not exceeding the rate of 5 per cent, per
annum or Bank Rate whichever be the higher.
(ii) Delivery of Grain by producer to be free on rail or barge
or to Mill or Store in accordance with the usual, custom
of the District.
(iii) Freight, haulage, porterage and cartage from the point
where delivery has been or is to be made by the pro-
ducer to be for the Buyer's account.
(iv) All sack hire up to and including the time of delivery to
rail, barge, mill or store by producer to be for the pro-
ducer's account and all charges for sacks subsequent
thereto to be for buyer's account.
(b) Where the grain is sold on terms or conditions other than
the terms and conditions stated in the foregoing part of this
clause, a corresponding adjustment shall be made in the maximum
price, and for this purpose the cost of delivery for which the pro-
ducer is liable under the above terms shall be reckoned at the
rate of 6d. per ton per mile.
7. If the buyer of any Home Grown Grain sold should require Treatment
the Grain bought to be mechanically treated, the cost of such of g ram -
treatment shall be the subject of a separate agreement and shall
not be made a condition of the sale.
8. No person shall sell or buy or offer to sell or buy any of Offer and
the Grain mentioned at a price exceeding the price applicable conditions,
under this Order or in connection with a sale or disposition or
proposed sale or disposition of any such Grain enter or offer to
enter into a fictitious or artificial transaction or make any un-
reasonable charge.
9. None of the foregoing provisions of this Order shall apply Seeds,
to any grain which is suitable for seed and which is also sold
specifically for the purpose of seed, and no grain so eold shall be
used for any other purpose.
10. No person shall after the 31st August, 1917, sell any Sales to be
Wheat, Eye, Oats or Barley whether imported or home-grown by weight,
otherwise than by weight.
11. No person shall after the 31st August, 1917, torrefy or Grain not to
bleach any Wheat. Rye, Oats or Barley whether imported or be torrefied
.home grown. or bleached '
12. Where any grain is sold to a Flour Miller such grain shall Sales to floui
be deemed to be sold to him for the purpose of his Mill until the millers,
-contrary be proved.
52
Barley (Restriction) Order, 1917.
Imerpreta- 13. For the purpose of this Order :
tion - "Quarter" shall mean in relation to Wheat and Rye a
weight of 504 Ibs., and in relation to Oats a weight of
336 Ibs., and in relation to Barley a weight of 448 Ibs.
"Sack" shall mean half a quarter.
:( Recognised dealer " shall mean a person who in the
ordinary way of his business deals in Grain for the
purpose of his livelihood.
Penalty. 14. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
Revocation. 15. From and after the date of this Order the 1917 Crop-
Restriction) Order, 1917, shall cease to be in force except avs
regards potatoes(a) but without prejudice to any proceedings in
respect of any contravention thereof.
Title. 16. This Order may be cited as the Grain (Prices) Order, 1917.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
14th August, 1917.
Barley to be
used only for
seed or flour.
Use of
Barley Flour
and articles
containing
Barley
Flour.
Damaging
Barley.
THE BARLEY (RESTRICTION) ORDER, 1917.
1917.
1917. No. 821.
DATED AUGUST 15,.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that except under the authority of the Food Controller the fol-
lowing regulations shall be observed by all persons concerned :
1. (a) No person shall on or after the 1st September, 1917,
use any Barley except for the purpose of seed or except in the
process of manufacturing flour.
(b) This clause shall not apply to tailings or screenings or
Barley which has been so damaged as to be unfit for milling.
2. (a) No person shall on or after the 1st September, 1917,
use any Barley Flour, except in the manufacture of articles suit-
able for human food or use any article containing any Barley
Flour except as human food.
(b) This clause shall not apply to Barley Flour which on the
1st September, 1917, had been so treated as to be unsuitable for
the purpose of human food, or to any Barley Flour or any article
containing Barley Flour which is or may become unfit for such
purpose.
3. No person shall damage or permit to be damaged .on or after
1st September, 1917, treat or permit to be treated any Barley
or Barley Flour or any article containing Barley Flour so as to
render the same less fit for the purpose for which under this
Order it is reserved.
(a) 1917 CROP (RESTRICTION) ORDER, 1917. The remainder of that Order
was revoked by the Potatoes Order. 1917, p. 143.
Barley (Restriction) Order, 1917. 53
4. Any person authorised by the Food Controller and any Local Samples.
Authority empowered to enforce the provisions of this Order,
may take samples of any Barley or Barley Flour, or other article
which he has reason to suspect is being used, treated or damaged
in contravention of this Order.
5. If any question shall arise whether any Barley is so damaged Determina-
as to be unfit for milling or whether any Barley Flour or article tion of
containing Barley Flour is unfit for the purpose of human food certain
such question may be referred to and determined by any person que
authorised in that behalf by the Food Controller or in England
and Wales and Scotland by a Local Authority empowered to
enforce this Order as to Barley or Barley Flour or any such
article within the district of such Local Authority.
6. Infringements of this Order are summary offences against Infringe-
the Defence of the Eealm Regulations. ments.
7. After the 31st August, 1917, the Maize, Barley and Oat? Revocation,
(Restriction) Order, 1917, (a) shall cease to be in force so far as
the same relates to Barley but without prejudice to any pro-
ceedings in respect of any previous contravention thereof.
8. This Order may be cited as the Barley (Restriction) Order, Title.
1917.
By order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food.
August 15th, 1917.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,(b) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column 1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this 16th day of August, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their General
Order dated the 26th day of May, 1877. (o)
(a) MAIZE, BARLEY AND OATS (RESTRICTION) ORDER, 1917. That Order
is printed p. 43.
(b) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1
effect of that order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192), is to empower Local Authorities in England and Wales
to enforce the present Order and to prosecute before courts of summary juris-
diction for breaches of the same.
(c) GENERAL ORDER OF MAY 26, 1877. See footnote (b), to the Local
Government Board Determination on Beans, Peas, and Pulse (Retail Prices)
Order, 1917, p. 27.
54
Winter Oats and Rye (Restriction) Order, 1917.
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (a) shall apply to the above Order.
U. F. Wintour,
Food Controller.
THE WINTER OATS AND RYE (RESTRICTION) ORDER, 1917. DATED
AUGUST 14, 1917.
1917. No. 822.
Winter Oats
and Rye to
be used as
seed only.
Charges.
Sales.
Infringe-
ments.
Title and
Extent of
Order.
In exercise of the powers conferred upon him by the Defence of
the Realm Regulations and of all other powers enabling him in
that behalf, the Food Controller hereby orders as follows:
1. Except under the authority of the Food Controller no person
shall before the 1st November, 1917, use any Winter Sown
Winter Oats (hereinafter called Winter Oats) grown in the United
Kingdom in the year 1917, or before the 1st January, 1918, use
any Rye so grown, for any purpose other than seed.
2. So long as the restrictions imposed by Clause 1 are in force
no person shall buy or otherwise acquire any Winter Oats or
Rye unless either he being a person who ordinarily deals therein
for seed purposes acquires them wih a view to re-sale as seed, or
he requires them for the purpose of seed.
3. So long as the restrictions imposed by Clause 1 are in force
no person shall sell or otherwise dispose of any Winter Oats or
Rye except to a person who ordinarily deals therein for seed or
to a person who is reasonably believed to require them for the
purpose of seed.
4. Infringements of this Order are summary offences againsi;
the Defence of the Realm Regulations.
5. (a) This Order may be cited as the Winter Oats and Rye
(Restriction) Order, 1917.
(&) Nothing in this Order shall affect the use of any Winter
Oats in Scotland or in Ireland or any transaction affecting Winter
Oats taking place in Scotland or Ireland.
By order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food..
14th August, 1917.
(a) LOCAL AUTHORITIES (Fooo CONTROL) (SCOTLAND) ORDER, 1917. The
effect of that Order (printed p. 194) is to empower Local Authorities in Scotland
to enforce the present order.
Flour and Bread (Prices) Order, 1917.
55
THE FLOUR AND BREAD (PRICES) ORDER, 1917. DATED
SEPTEMBER 6, 19.17. (a)
1917. No. 937.
In exercise of the powers conferred upon him by the Regulation
2r of the Defence of the Realm Regulations and of all other
powers enabling- him in that behalf the Food Controller hereby
orders that except under the authority of the Food Controller
the following regulations shall be observed by all persons con-
cerned :
1. On and after the 17th September, 1917, no flour or bread Sales not to
may be sold at prices exceeding the maximum prices applicable be above
under the provisions of this Order or on terms involving the
payment of higher or other charges than those permitted under
this Order.
2. (a) On the occasion of a sale ("other than a retail sale) of Sales other
home-milled flour the maximum price shall be at the rate of than r ^ tail
44 5 . 3d. per 280 Ibs. subject to a discount of 6d. for settlement British flou
within 7 days and of 3d. for settlement within 21 days : Provided no t being
that where the flour is sold in sacks or packages as mentioned in self-raising
the first column of the following table the maximum price shall flour -
be as set forth in such table :
Sack or Package
containing
Price.
Discount for settle-
ment within 7 days.
Discount for settle-
ment within 21 days.
240 Ibs. ..
38s.
Qd.
3d.
224
35.5. 6rf.
Qd.
3d.
140
.
225. Ud.
3d.
IK
120
19s.
3d.
w.
112
,
17s. 9d,
3d.
lid.
98
15s. Qd.
\2d.
Id.
70
11s. Id.
Hd.
Id.
56
8s. lOif/.
Id.
ft*
And provided also that where flour is sold divided into packets
ready for retail sale higher wholesale prices may be charged by
License of the Food Controller.
(6) Where credit is given a reasonable extra charge may be
made provided that the price for cash is quoted on the invoice.
(c) All delivery charges after loading into a vehicle or truck
standing or barge lying alongside the mill where the flour was
manufactured may be added to the price and shall be shown as
a separate item on the invoice relating to the sale.
(a) SAMPLES OF FLOUR. The Food Controller's Order of June llth, 1917,
relating to Prosecutions by Inspectors of Weights and Measures and printed in
Part III of this Manual (p. 193) empowers such an Inspector to take samples of
any flour in the possession of any miller or baker or seller of bread or flour.
56 Flour and Bread (Prices) Order, 191 /.
(d) The permitted charges for sacks and outside packages shall
be added to the price and shown as a separate item on the invoice
relating to the sale. Except in the case of cotton bags, the
amount charged shall be repaid on the return of the sacks or
other outside packages in good condition.
(e) This clause shall not apply to any proprietary flour or self-
raising flour until the Food Controller shall otherwise determine.
Sack charges. 3. The permitted charges for sacks and outside packages
are :
(a) Thick sack holding 224 Ibs. or over 2s. 6d. per sack.
^ Thick sacks holding more than 70 Ibs. and less than
224 Ibs. Is. Qd. per sack.
(6) Thin sacks holding 224 Ibs. or over Is. Qd. per sack.
Thin sacks holding 112 Ibs. and less than 224 Ibs.
Is. per sack.
Thin sacks holding 70 Ibs. and less than 112 Ibs.
9d. per sack.
Triin sacks holding 56 Ibs. and less than 70 Ibs.
Qd. per sack.
(c) Cotton bags holding 98 Ibs. or over Is. per bag.
Cotton bags holding 70 Ibs. and less than 98 Ibs.,
9d. per bag.
Cotton bags holding 56 Ibs. and less than 70 Ibs.,
6d. per bag.
(d) Other outside packages enclosing small bags of flour, the
reasonable customary charges.
4. (a) On the occasion of a retail sale of flour other than pro-
prietary flour or self-raising flour where the quantity sold is
140 Ibs. or more the maximum price shall be at the rate of 25s .
per 140 Ibs. and where the quantity sold is less than 140 Ibs., but
is not less than 7 Ibs., the maximum price shall be at the rate
of 2s. Sd. per 14 Ibs., and where the quantity sold is less than
7 Ibs. the maximum price shall be, for every half -quartern of
If Ibs. included in the amount sold, 4Jd. and, for any quantity
not being a complete half quartern included in such amount, at
the rate of 2%d. per Ib.
On the occasion of a retail sale of proprietary flour the
maximum price shall, except where the Food Controller other-
wise determines, be the price applicable under the foregoing
provision.
On the occasion of a retail sale of self-raising flour, the
maximum price shall be at the rate of 3Jd. per Ib.
(6) No charges maybe made for packages except that, where the
retail sale includes 56 Ibs. of flour or more, the permitted
charges for sacks and o>''side packages may, if shown as a
separate item in the invoice relating to the sale, be added to
the price. The amount so added shall except in the case of
cotton bags be repaid on the return of the sacks or outside packages
in good condition.
(c) A reasonable additional charge may be made for giving
credit or for making delivery.
Flour and Bread (Prices) Order, 1917. 57
5. (a) The maximum price for bread shall be at the rate of Bread.
. per Ib. provided that
(i) A person may sell to a customer a loaf weighing 1 Ib.
at 2?d. and a roll or rolls of bread at any price if at
the time of such sale he is able and willing to sell
to the customer quartern or Half-quartern loaves or
other bread at the rate of 2\d. per Ib. to the extent of
the customer's requirements; and
(ii) a person may sell proprietary bread to a customer at or
under the price authorised by the Food Controller for
such proprietary bread if at the time of such sale he
is able and willing to sell to such customer other bread
at the rate of 2Jd. a Ib.
(b) A reasonable additional charge may be made for giving
credit or for making delivery.
(c) This clause shall not apply to bread sold for consumption
on the premises of the seller.
6. (a) Where the Food Controller or a Food Control Com- Higher prices
mittee is satisfied that by reason of some exceptional circum- in certain
stance flour or bread cannot be sold by retail at the maximum cases '
prices provided by this Order so as to secure a reasonable profit
the Food Controller may issue a licence or such Committee may
issue a provisional licence authorising the sale of flour or bread
at prices higher than such maximum prices.
(b) The powers of the Committee may be exercised in respect
of the whole or part of their area or in respect of a particular
retailer or class of retailers.
(c) .For the purpose of this clause the Committee may make
or hold such enquiries as they shall think fit.
(d) The powers of the Committee shall not be exercised by
reason of some exceptional ingredient being used in the making
of the flour or bread.
(e) The Committee shall forthwith send to the Food. Controller
a copy of every licence issued by them under this Clause,
together with a statement of all the relevant circumstances and
shall cancel or modify such licence if so required by the Food
Controller.
(/) In Ireland the powers expressed to be conferred upon a
Food Control Committee by this clause shall be exercisable by
such Magistrates or other persons as the Chief Secretary for
Ireland may from time to time nominate for the purpose.
7. (a) A person shall not on or after the 1st October, 1917, Registration
deal in home-milled flour except under and in accordance with of Flour
the terms of a licence for the time being in force granted to him Factors,
by the Food Controller. The holder- of a licence shall keep
accurate records of all his dealings in flour and such records
and all relevant documents shall at all times be open to the
inspection of any person acting under the authority of the Food
Controller.
(b) This clause shall not apply to a person who deals in home-
milled flour only by way of retail sale, or to a person who deals
only in flour milled by him.
Flour and Bread (Prices) Order, 1917.
Contracts.
Flours for
particular
purposes.
8. On the occasion of a sale of imported flour the maximum
price shall be the price (if any) for the time being prescribed by
the Food Controller or the Hoyal Commission on Wheat
Supplies. (a)
9. Except in such cases or to such extent in any particular
case as the Food Controller shall otherwise determine, the
following provisions shall have effect as to contracts for the sale
of flour or bread subsisting on the 15th September, 1917.
(a) Contracts for sale of any flour other than self-raising flour
or proprietary flour.
(i) The seller shall fulfil his contract so far as the same
relates to flour not delivered or in course of transit on
the 15th September, 1917, at the maximum price
applicable under this Order on the occasion of a like
sale, or in the case of imported flour at such price as
may be determined by the Food Controller or the Royal
Commission on Wheat Supplies.
(ii) Nothing in this provision shall except the seller from the
necessity of complying with the provisions of the
Clause 10 of this Order
(b) Contracts for sale of self-raising flour and proprietary flour.
All such contracts shall unless the parties otherwise agree be
cancelled as to any flour not delivered or in course of transit on the
15th September, 1917.
(c) Contracts for sale of bread (other than proprietary bread).
The seller shall fulfil his contract so far as the same relates to
bread not delivered or in course of transit on the 16th September,
1917, at a price which shall in default of agreement be determined
by the Food Controller. Provisional payments on account of
such price shall be made at the rate of 2d. per Ib. of bread.
(d) Contracts for sale of proprietary bread.
All such contracts shall unless the parties otherwise agree be
cancelled as to any bread not delivered or in course of transit on
the 16th September, 1917.
10. (a) Except under and in accordance with the terms of a
licence granted to him by or under the authority of the Food
Controller a person shall not after the 15th September, 1917,
take delivery of any flour(b)
(i) for the manufacture of biscuits intended for wholesale
sale, or
(ii) for any industrial purposes or
(a) ROYAL COMMISSION ON WHEAT SUPPLIES. The offices of the Commis-
sion are, Trafalgar House, Waterloo Place, S.W.I.
(b) LICENCES FOR DELIVERY OF FLOUR. The same conditions apply to the
manufacture of cake mixtures, baking powders, egg powders, blanc-mange
powders, custard powders, Italian pastes, soup squares or pastes, macaroni,
spaghetti, sweet manufacture, chocolate and cocoa powders, Infants' and
Invalids' foods, mustard, spices, condiments, and all such preparations.
Applications for licences must be made to the Ministry of Food (Flour and
Bread Section), Palace Chambers, Westminster, S.W.I. If granted, these will
be issued on payment of 1 8. per 280 Ib.
No person may make delivery of flour if he believes it is required for any of
the above purposes unless a licence authorising such delivery has been; handed
10 him.
Flour and Bread (Prices} Order, 1917. 59
(iii) for ship's stores, or
(iv) for export to any destination or
(v) for any such other purpose as the Food Controller may
from time to time determine (hereinafter called " a
precluded purpose").
(6) A person shall not use for the manufacture of biscuits
intended for wholesale sale or for any precluded purpose any flour
except
(i) flour which he has in stock on the 15th September, 1917,
or which is then in course of transit to him, and
(ii) flour of which he shall obtain delivery under and in
accordance with the terms of a licence granted under
the foregoing provision of this clause.
(c) A person shall not after the 15th September, 1917, make
delivery of any flour if he believes or has reasonable grounds
for believing that the flour is or may be required for any of the
purposes mentioned in sub-clause (a) of this clause unless a
licence authorising such delivery has been handed to him, which
licence shall be returned by him to the Food Controller together
with such particulars in relation to the flour delivered pursuant
thereto as the Food Controller may direct.
(d) Every person requiring a licence for the delivery to him of
flour for the manufacture of biscuits intended for wholesale sale or
any industrial purpose or any precluded purpose shall keep
accurate records of the amount of flour used and the purposes fol
which the flour is used in all the trades or businesses carried on
by him.
(e) " Industrial purpose " shall mean any purpose other than
the manufacture of an article intended for human food.
(/) " Ships Stores " shall mean stores for a ship departing on
a voyage from the United Kingdom to parts beyond the seas.
11. In connection with this Order persons holding stocks of Compensa-
flour at the close of business on the 15th September, 1917, may tlon -
make application on a form to be prescribed by the Food Con-
troller for compensation in respect of such stocks and compen-
sation will be granted in such cases in such manner and subject
to such conditions as the Food Controller thinks fit.
12. Except under and in accordance with the terms of a licence Shipment of
granted by the Food Controller a person shall not after the *
15th September, 1917, ship or consign any flour or bread from
any part of the United Kingdom to any destination in the Channel
Islands, or to the Isle of Man.
13. No person shall sell or offer or expose for sale or knowingly Offers and
buy or agree to buy any flour or bread at a price exceeding conditions,
the price applicable under this Order or in connection with a sale
or disposition or proposed sale or disposition of any flour or
bread, enter or offer to enter into any fictitious or artificial
transactions or make or demand any unreasonable charge.
60
Flour and Bread (Prices] Order, 1917.
Returns.
False state-
ments, &c.
Information
to be
confidential.
Proprietary
flour and
bread.
Interpreta-
tion.
Infringe-
ments,
Title.
14. All parties affected by this Order shall make all such
returns as to stocks, purchases, sales payments, prices dealings
in or consumption of flour or bread as shall from time to time be
required by or under the authority of the Food Controller.
15. A person shall not
(a) knowingly make or connive at the making of any false
statement in any application for compensation in
respect of flour or in any application for a license
exempting him or any article from the provisions of
this Order or authorising delivery of flour or bread
or in any enquiry held for the purposes of this Order ;
(b) forge or alter any licence authority or other document
issued in connection with or for the purposes of this
Order; or
(c) personate or falsely represent himself to be a person to
whom such a licence authority or other document has
been issued or applies.
16. A person employed by the Food Controller or a member
of or person employed by a Food Control Committee shall not
without lawful authority communicate to any person any in-
formation acquired by him from any application made or enquiry
held in connection with or for the purposes of this Order.
17. If any question arises whether flour is proprietary flour or
whether bread is proprietary bread such question shall be deter-
mined by the Food Controller.
18. For the purposes of this Order:
" Food Control Committee" shall mean a Committee consti-
tuted in accordance with the provisions of the Food Control Com-
mittees (Constitution) Order, 1917. (a)
" Flour " shall mean any wheat meal or wheaten flour or any
flour containing flour milled from wheat.
"Home-milled flour" shall mean any flour manufactured in
the United Kingdom.
" Self-raising flour" shall mean flour containing such
ingredients that the flour when mixed with water forms a dough
which aerates itself.
19. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
20. This Order may be cited as the Flour and Bread (Prices)
Order, 1917.
Rhondda,
Food Controller.
6th September, 1917.
(a) FOOD CONTROL COMMITTEES (CONSTITUTION) OKDER, 1917. That
Order is printed in Part III of this Manual, p. 199.
Horses (Rationing) Order No. 2, 1917. 61
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 19.17, (a) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column 1 and so much of the Order as relates to
retail transactions were mentioned in Column 2 of the Schedule
to the Local Authorities (Food Control) Order (No. 1), 1917.
Dated this 10th day of September, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their General
Order dated the 26th day of May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control) (Scot-
land) Order, 1917, (c) shall apply to so much of the above Order
as relates to retail transactions.
Rhondda,
Food Controller.
THE HORSES (RATIONING) ORDER No. 2, 1917. DATED SEPTEMBER
26, 1917.
1917, No. 954.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. No person shall feed any horse or permit any horse to be fed General pro
with cereal foodstuffs except as provided in this Order, or under
the authority of the Food Controller.
food-stuffs
to horses.
2. This Order shall not apply to horses falling within the classes Horses ex-
mentioned in the first Schedule.
the operation
" of this Order.
(a) THE LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917.
The effect of that Order (printed p. 187), coupled with the Food Controller's
Order of the same date (p. 192) is to empower Local Authorities in England and
Wales to enforce the present Order and to prosecute before courts of summary
jurisdiction for breaches of the same.
(b) GENERAL ORDER OF MAY 26, 1877. See footnote (b) to the Local
Government Board Determination on Beans, Peas and Pulse (Retail Prices)
Order, 1917, p. 27.
(c) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND), ORDER, 1917. The
effect of that Order (printed p. 194) is to empower Local Authorities in Scotland
to enforce the present Order.
Horses (Rationing) Order No. 2, 1917.
Limited
rations to
certain
horses.
Prohibition
as regards
certain
horses.
Hay, straw,
&c.
Records.
Interpreta-
tion.
Penalty.
3. () Horses falling within the classes mentioned in the
second and third Schedules may not on any day be fed with more
than the quantity of cereal foodstuffs prescribed for such horses.
(b) The maximum quantity of oats which may be fed on any
one day is prescribed in the Schedules, but maize, beans or peas
may be used in lieu of oats, and if so used they shall be deemed
for the purpose of this Order to be the equivalent of oats in the
following proportions :
7J Ibs. Maize = 10 Ibs. oats.
9 Ibs. Beans = 10 Ibs. oats.
9 Ibs. Peas = 10 Ibs. oats.
No other cereal foodstuffs may be used, except as specified in
Clause 5 of this Order.
4. Horses falling within the classes mentioned in the fourth
Schedule may not be fed with any cereal foodstuffs except as
specified in Clause 5 of this Order.
5. No restriction is placed by this Order on the use of hay,
straw, bran or dried brewer's grains for the feeding of any horse.
6. Any person or persons in possession of a horse or horses falling
within the classes mentioned in the second and third Schedules
shall keep records of the number and classes of horses kept, in
sufficient detail to show (1) the total maximum rations authorised
by this Order (2) the description and quantities of the foodstuffs
fed to such horses per week, and (3) the description and quantities
of all cereal foodstuffs purchased ; and such records shall at all
reasonable times be open to the inspection of an officer of police or
any person authorised by the Food Controller, or by a Local
.Authority as defined in the Local Authorities (Food Control)
Order (No. 1), 1917, (a) in England or Wales, or by a Local
Authority as defined in the Local Authorities (Food Control)
(Scotland) Order, 1917, (b) in Scotland, or by the Food Control
Committee appointed for Ireland(c) by the Food Controller in
Ireland.
7. For the purpose of this Order :
" Horse" shall include mare, gelding, colt, filly, pony and
mule.
" Thoroughbred horse " shall mean a horse whose sire and dam
are entered in the General Stud Book.
" Cereal foodstuffs " shall include all grains and beans and
products thereof.
8. If any person owning a horse or horses, or having control or
management of a horse or horses, for the time being, acts in
contravention of this Order or aids or abets any other person in
doing anything in contravention of this Order, that person is
guilty of a summary offence against the Defence of the Healm
Regulations.
(a) LOCAL AUTHORITIES IN ENGLAND AND WALES. The Local Authorities
(Food Control) Order (No. 1), 1917, is printed p. 187, and footnote (c) (p. 188)
thereto gives details as to the Authorities and their Districts.
(b) LOCAL AUTHORITIES IN SCOTLAND. The Local Authorities (Food
Control) (Scotland) Order. 1917, is printed p. 194, and footnote (c) (p. 194)
thereto gives details as to the Authorities and their Districts.
(c) FOOD CONTROL COMMITTEES EOR IRELAND. See Notice of the Ministry
of Food printed in Part III, p. 208.
Horses (Rationing) Order No. 2. 1917. 63
9. (a) This Order may be cited as the Horses (Rationing) Title and
Order, No. 2, 1917. commence-
ment of
(6) This Order shall corne into force on the 1st October, 1917, Order,
and the Horses (Rationing) Order, 1917, (a) is hereby revoked as
from that day, without prejudice to any proceedings in respect
of any previous infringement thereof, and without prejudice to
any exemptions granted or to be granted by, or with the
authority of the Food Controller thereunder.
Rhondda.
Food Controller.
20th September, 1917.
The Local Government Board, by arrangement with the Food
Controller, hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917(b) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column 1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this 26th day of September, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their General
Order dated the 26th day of May, 1877. (c)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (d) shall apply to the above Order.
By order of the Food Controller.
IF. H. It ere ridge,
Second Secretary.
(a) HORSES (RATIONING) ORDER, 1917. That Order is printed p. 41 of
IstgEdition of this Manual.
(b) LOCAL AUTHORITIES (Fooo CONTROL) ORDER, No. 1, 1917. The effect
of that Order (printed p. 187) coupled with the Food Controller's Order of the
same date (p. 192) is to empower Local Authorities in England and Wales to
enforce the present Order and to prosecute before courts of summary juris-
diction for breaches of the same.
(c) GENERAL ORDER OF MAY 26, 1877. See footnote (b) to the Local
Government Board Determination on Beans, Peas and Pulse (Retail Prices)
Order, 1917, p. 27.
(d) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDER, 1917. The
effect of that Order (printed p. 194) is to empower Local Authorities in Scotland
to enforce the present Order.
64
Horses (Rationing) Order No. 2, 1917.
Schedule I.
Horses excluded from the operation of this Order :
(a) Horses in the possession of the Army Council or the
Admiralty, or exclusively used for the purposes of the
Army Council or the Admiralty.
(b) Horses maintained and used exclusively for agricultural
purposes.
(c) Stallions used exclusively for Stud purposes.
Schedule II.
Horses solely or mainly used for trade or business purposes to
be rationed :
Maximum Daily Ration in terms
of Oats.
Class of Horse. ,, T , . , ,
VV hen in hard
and
continuous Work.
When not in hard
and
continuous Work.
() Heavy dray and cart horses, and trotting 16 Ibs.
vanners.
(&) Light draught horses, and light trotting 14
vanners.
(c) Other light horses and cobs 11
(rf) Ponies 14 hands and under 7 ,,
'
I21bs.
10
8
5
Note. (1) The jobbing out of horses is not in itself a trade or business
within the meaning of this Order.
(2) Pit horses and ponies working in the pits or at the pit mouth w.
Intoxicating Liquor (Output and Delivery) Order No. 3, p. 78.
Malt (Restriction) Order, p. 69.
Malt (Restriction) No. 2 Order, p. 70.
Malt (Restriction on Shipping) Order, p. 70.
THE BREWERS (MALT PURCHASES) ORDER, 1917. DATED
FEBRUARY 3, 1917. (d)
1917. No. 132.
In exercise of the powers conferred upon him by Regula-
tion 2f of the Defence of the Realm Regulations, and of all
other powers enabling him in that behalf, the Food Controller
hereby orders as follows :
1. Except under the authority of the Food Controller no
maltster or dealer in malt shall on or after the 10th February,
1917, agree to sell any malt to any brewer for sale or make
delivery to any brewer for sale of any malt other than malt
deliverable under contracts made before that date.
2. Except under the authority of the Food Controller no brewer
for sale shall on or after the 10th February, 1917, agree to buy
any malt or to take delivery of any malt other than malt deliver-
able under contracts made before that date.
3. Except under the authority of the Food Controller no
brewer for sale shall manufacture any malt from any barley
agreed to be bought on or after the 10th February, 1917.
4. For the purposes of this Order
The expression "brewer for sale" shall mean any person
who brews beer for the use of any other person at any
place other than the premises of the person for whose
use the beer shall be brewed and any person licensed
to deal in or retail beer who brews beer.(e)
(a) EXPORT AND IMPORT OF MALT, HOPS AND INTOXICATING LIQUORS.
An epitome of the restrictions on the export and import of Malt, Hops and
Intoxicating Liquors will be found in Appendix VI (7- Exportation ; 12.
'Importation).
(1>) USE OF GRAIN, SUGAR, c., FOR MANUFACTURE OF SPIRITS. Regula-
tion 30o of the Defence of the Realm Regulations, printed in Part VIII of this
Manual, prohibits the use of Grain (Malted or Unmalted), Rice, Sugar
or Molasses in the Manufacture of Whiskey, &c., without a permit from the
Minister of Munition^. Further restrictions on the use of Grain, Rice, Sugar,
and Molasses are imposed by the Food Controller's Orders, printed in Sections 3,
" Bread, Flour and Cereals,'" and 14, " Sugar," of this Part (II) of this Manual.
(c) REQUISITION OF RUM. The Admiralty Order of October, 1917, taking
possession of stocks of rum is printed in Part VIII (" Food Powers of Admiralty,
Army Council and Minister of Munitions").
(d) RETURNS BY BREWERS. The Brewers (Malt Purchases) Order, 1917,
was preceded by an Order of Jan. 26th, 1917 (1917, No. 51), requiring Returns
to be made by Brewers for Sale, &c., by Feb. 17th, 1917. That Order is omitted
from this Manual as " spent."
(e) " BREWER FOR SALE." This definition is identical with that of s. 19 of
tbe nland Revenue Act, 1880 (43 & 44 Viet. c. 20).
Malt (Restriction] Order, 1917. 69
The expression " beer " includes ale, porter, spruce beer,
black beer and any other description of beer.
The expression "malt " shall mean malt suitable for use in
the brewing of beer.
5. Any person acting in contravention of this Order is guilty Penalty.
of a summary offence against the Defence of the Realm Regula-
tions.
6. This Order may be cited as the Brewers (Malt Purchases) Title of
Order, 1917. Order.
Devonport,
3rd February, 1917. Food Controller.
THE BREWERS SUGAR ORDER, 1917. DATED FEBRUARY 8,
1917.
[This Order which relates to the warehousing of certain " brewers
sugar " other than sugar used for brewing, and to the sale by retail
of " brewers sugar," is printed with other Orders relating to Sugar
at p. 164].
THE MALT (RESTRICTION) ORDER, 1917. DATED FEBRUARY 20,
1917.
1917. No. 159.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no Prohibition
person shall manufacture from barley or any other cereals any of Malting,
malt suitable for use in the brewing of beer.
2. This Order shall not apply to barley or other cereals steeped Exception.
at the date of this Order.
3. For the purposes of this Order, the expression " beer " shall Interpreta-
include ale, porter, spruce beer, black beer and any other descrip- tion.
tion of beer.
4. If any person acts in contravention of this Order or aids Penalty,
or abets any other person in doing anything. in contravention of
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a su-mmary offence against those regulations unless he proves
that the contravention took place without his knowledge or
consent. (*)
5. This Order may be cited as the Malt (Restriction) Title of
Order, 1917. Order -
Devonport,
February 20th, 1917. Food Controller.
(a) LIABILITY OF DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual) which was added to the Code since this Order was
made, -provides that directors and officers shall be liable for offences by their
corporation or companv.
3167 C 3
70
Prohibition
of shipping
of malt.
Penalty.
Title and
commence
ment of
Order.
Manufacture
of malt.
Malt (Restriction on Shipping) Order, 1917 ; Malt (Restriction)
Order No. 2, 1917.
THE MALT (RESTRICTION ox SHIPPING) ORDER, 1917.
MARCH 21, 1917.
1917. No. 259.
DATED
.In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no
person shall export, ship or consign any malt,
(a) from Ireland to any destination in any part of
Great Britain, the Channel Islands or the Isle of
Man ; or
(b) from any part of Great Britain to any destina-
tion in Ireland, the Channel Islands or the Isle of
Man. (a)
2. If any person acts in contravention of this Order or aids
or abets any other person, in doing anything in con-
travention of this Order, that person is guilty of a
summary offence against the Defence of the Realm
Regulations, and if such person is a company eva-i/
director and officer of the company is also yitilty of
a summary offence against those regulations unless
lie proves that the contravention took place without
his knowledge or consent. (h)
3. (a) This Order may be cited as the Malt (Restriction on
Shipping) Order, 1917.
(b) This Order shall come into force on the 26th March,
1917.
Devonport,
Food Controller.
21st March, 1917.
THE MALT (RESTRICTION) No. 2 ORDER, 1917. DATED
APRIL 12, 1917.
1917. No. 345.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. ( a ) Except under the authority of the Food Controller
no person shall after the date of this Order manufacture any
malt from any cereals.
(b) This article shall not apply to cereals in course of being
manufactured into malt at the date of this Order.
(a) EXPORT OF MALT. An epitome of the restrictions on the export of malt
will be found in Appendix YL, 7 (Exportation).
(to) LIABILITY OF DIRECTOR, &c., OF COMPANY. See footnote (a) to
Malt (Restriction) Order, 1917, p. 69.
lnto,rie at the request of the Army Council,
grants a special certificate to any brewer authorising him to
brew beer in excess of the limits prescribed by this Order, on
the ground that the addition is required for the use of military
canteens, (a) the amount of beer which that brewer is entitled to
brew shall thereupon be increased by the number of barrels stated
in the certificate; and this Order shall apply accordingly.
2. (1) The same provision shall be applicable in relation to Distribution
the effect of this Order on contracts as is applicable in relation c
to the effect of the Output of Beer (Restriction) Act, 1916, on
contracts under Section* 4 of that Act.
(2) Licence holders, and persons having the same rights as
licence holders under Section 5 of the Output of Beer (Restric-
tion) Act, 1916, as amended by any subsequent Act, shall have
the same rights, and brewers shall be under the same obligations, -
in connection with the output of beer as limited by this Order
as under the said Section 5, except that the percentage of
reduction in the number of standard barrels which a licence
holder is entitled to obtain under that section and the reduction
from the amount stated in the certificate for the purpose of
ascertaining the reduction and transfer of maximum barrelage
shall be increased so as to be 66 per cent, instead of 15 per cent.
(3) Any brewer who has not given to a licence holder any
particulars or certificate which the licence holder is entitled to
obtain from him under Section 5 of the Output of Beer (Restric-
tion) Act, 1916, shall give the particulars or certificate to the
licence holder within fourteen days after a request in writing
therefor is made by the licence holder.
(4) A brewer shall give to a licence holder a copy ox any
certificate which has been obtained from him for the purpose of
Section 5 of the Output of Beer (Restriction) Act, 1916, within
fourteen days after a request in writing for the copy is made to
him by the licence holder showing that the certificate originally
obtained is either lost or for some oHier reason not available for
use by the licence holder.
(a) Foou CONTROLLER'S CERTIFICATES AUTHORISING BREWING FOR
CANTEENS. These Certificates can be granted by the Food Controller under s. 6
of the Output of Beer (Restriction) Act, 1916, which as amended by the Amend-
ment Act and by the Food Controller (Transfer of Powers) Order, 1917 (1917.
No. 287) which transferred to the Food Controller the powers of the Board of
Trade as to granting the special certificates referred to, is printed in Consolidated
Form ia Appendix V to this Manual.
Intoxicating Liquor (Output and Delivery) Order, 1917.
(5) Where beer has been supplied to a licence holder through
a person recognised by the brewer as his agent
(a) the agent shall be under the same obligation to give
particulars and certificates of the beer as if he was the
brewer; and
(b) the beer shall- be deemed to be beer supplied by the
brewer to the licence holder and not by the brewer to
the agent.
3. Expressions to which a special meaning is attached by the
Output of Beer (Restriction) Act, 1916, have (unless the context
otherwise requires) the same meaning when used in this Part
of this Order. (a)
Restrictions
on delivery
of wine and
.spirits.
77. Wine and Spirits.
4. (1) No wine or spirits shall be delivered from ship's side
or a warehouse (including a distiller's spirit store) for home
consumption on the payment of duty to any person
(a) unless he is the holder of an authority for the time being
in force under this provision,
(b) in excess of the amount which is authorised to be
delivered to. him under that authority; and
(c) unless particulars as to the warehouse or place from
which the wine or spirits are. delivered, and of the
amount delivered, and of the date of delivery are
entered on the authority for delivery.
(2) Authorities for the purposes of this provision shall 'be issued
by the Commissioners in such manner and subject to such con-
ditions as may be prescribed by rules made for the purpose by the
Treasury, (b) and the Commissioners shall attach to any authority
so issued such conditions as they think fit for ensuring the proper
distribution of the wine or spirits authorised to be delivered.
The rules made by the Treasury may provide for the appoint-
ment of a committee for the purpose of .advising and assisting the
Commissioners in the performance of their duties, and the exercise
of their powers under this Part of this Order. (b)
(3) Authority shall (except in cases where special directions
are given by the Commissioners) be granted only to persons to
whom or on whose behalf 'wine or spirits were delivered during
the year 19.16, and so that the total amount delivered to that
person during the year beginning on the first day of April shall
not exceed the amount delivered to that person during the year
1916 reduced by 50 per cent.
(4) This provision shall not prevent the delivery of spirits in
cases where the Commissioners are satisfied that the^ spirits are
(a)' spirits delivered to a manufacturing chemist, or to a
manufacturer of perfumes, for use in their manufac :
tures; or
ia MEANING OF EXPRESSIONS. S. 7 of the 1916 Act defines " brewer "
and "quarter." See Appendix V to this Manual in which the Act is printed.
(b) TREASURY RULES. These are printed p. 7">.
Authorities under Food Controller's Order for Delivery of Wine 75
or Spirits for Home Consumption.
(b) spirits delivered for scientific purposes; or
(c) spirits supplied for the purpose of making medicines, to
registered medical practitioners, to hospitals, and to
persons, firms, and bodies corporate entitled to carry
on the business of a chemist and druggist;
but the Commissioners may attach conditions to the delivery of
any spirits for those purposes in order to ensure their use for the
purposes for which they are delivered.
(5) A person shall not procure, or attempt to procure,
the delivery of wine or spirits in contravention of this provision,
or make any entry on an authority which is false in any material
particular, or make any statement which is false in any material
particular, for the purpose of obtaining any authority under this
provision.
Every person shall comply with any conditions attached by
the Commissioners to an authority issued by them under this
provision, or to the delivery of spirits under this provision.
If it is shown to the Commissioners that any condition attached
by them to the issue of an authority under this provision has
not been complied with, the Commissioners may, if they think
fit, withdraw the authority ; but the power of the Commissioners
to withdraw the authority shall not prejudice the liability of the
holder of the authority to any penalty to which he may be liable
for not complying with the condition.
III. General.
5. Infringements of this Order are summary offences subject Penalty.
to penalties under the Defence of the Realm Regulations.
6. This Order may be cited as the Intoxicating Liquor (Output Short title,
and Delivery) Order, 1917.
Devonport,
Food Controller.
29th March, 1917.
RULES, DATED MARCH 29, 1917, MADE BY THE TREASURY UNDER
PART II. OF THE INTOXICATING LIQUOR (OUTPUT AND
DELIVERY) ORDER, 1917.
1917. No. 375.
(1) Authorities for the delivery of Wine and Spirits from ship's
side or warehouse (including a distiller's spirit store) for home
consumption on the payment of duty as prescribed by section 4 (1)
of the Intoxicating Liquor (Output and Delivery) Order, 1917, (a)
(a) INTOXICATING LIQUOR (OUTPUT AND DELIVERY) ORDER, 1917. Tbat
Order is printed p. 71.
76 Authorities under Food Controller's Order for Delivery of Wine
or Spirits for Home Consumption.
shall be issued only to a person who has made application to the
Commissioners of Customs and Excise(a) on the form provided for
the purpose supplied by the Commissioners, giving the particulars
required thereby.
(2) The authority shall be granted for a period not exceeding
six months ending either 30th September, or the 31st March, and
the quantity of wine or spirits of which it shall authorise delivery
shall not exceed 25 per cent, of the total quantity delivered to
the same person or on his behalf during the year 1916.
(3) Where special directions are given by the Commissioners
of Customs and Excise under section 4 (3) of the Order, Rules (1)
and (2) may be varied by order of the Commissioners to meet the
circumstances.
(4) The quantity of spirits to the delivery of which a rectifier
or compounder who deposits spirits in a warehouse on drawback
shall be entitled shall be determined in the following manner :
The quantity of spirits so deposited in the period corresponding
to that for which an authority is granted shall be deducted from
the total quantity delivered to him or on his behalf in the same
period, and the authority shall be granted for the amount of the
difference reduced by 50 per cent. ; but such rectifier or com-
pounder shall be entitled to a special authority for delivery of a
quantity of spirits equal to the quantity deposited on drawback
in addition to the quantity expressed in his authority. TTie
special authority shall be granted on an application being made
to the Commissioners of Customs and Excise by the rectifier or
compounder who deposited the spirits, and on production to them
of a certificate of deposit signed by the Officer and the Surveyor
of Customs and Excise by whom the warehouse of deposit is
controlled.
(5) In any case where a person entitled to apply for an authority
is unable or unwilling to clear wine or spirits from warehouse with
which to supply a dealer or retailer who purchased wine or spirits
from him in 1916, that person shall on demand, by the dealer or
retailer furnish him with a certificate of the quantity so supplied
and on production of that certificate to the Commissioners of
Customs and Excise, the Commis'sioners if satisfied as to the facts,
may grant a special authority to the dealer or retailer to obtain
delivery of an equivalent quantity less 50 per cent., the authority,
of the person giving the certificate being decreased by the amoun*
he is unable or unwilling to supply. The special authority may at
the option of the dealer or retailer be transferred to a person who
is willing to supply the wine or spirits.
This rule shall also apply, with the necessary modifications,
where a person who has supplied wine or spirits from a warehouse
in 1916 to a dealer or retailer is able or willing to supply the dealer
or retailer with a portion only of the restricted quantity of wine
or spirits, based upon 1916 purchases, which the dealer or retailer
desires to obtain from him.
(a) COMMISSIONERS OF CUSTOMS AND EXCISE. See footnote (c) p. 72.
Hops (Restriction) Order, 1917.
77
(6) A Committee (to be known as the Advisory Committee
(Customs and Excise), consisting of persons nominated by the
Chancellor of the Exchequer, shall be appointed to advise and
assist the Commissioners of Customs and Excise in the perform-
ance of their duties and the exercise of their powers under Part
2 of the Intoxicating Liquor (Output and Delivery) Order 1917,
and any action of this Committee done under the authority of the
Commissioners shall have the same effect as though it were the
action of the Commissioners. (a)
March 29th, 1917.
Stanley Baldwin,
James F. Hope.
Restriction
on dealings
in Hops.
THE HOPS (RESTRICTION) ORDER, 1917, DATED AUGUST 31, 1917,
AS AMENDED BY THE HOPS (RESTRICTION) ORDER No. 2, 1917,
DATED SEPTEMBER 3, 1917.
19.17. No. 914 as amended by No. 925.
In exercise of the powers conferred upon nmi by the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller after consultation with the
Board of Agriculture and Fisheries hereby orders as follows :
1. No person shall without a permit issued under the authority
of the Food Controller either on his own behalf or on the behalf
of any other person, buy or sell or agree or offer to buy or sell
any Hops whether imported or home grown. A person shall not
without a permit issued under the authority of the Food Con-
troller make delivery of any 'hops contracted to be sold by him
before the 4th September, 1917.
2. Infringements of this Order are summary offences against Penalty,
the Defence of. the Realm Regulations.
3. (a) This Order may be cited as the Hops (Restriction)
Order, 1917.
(b) This Order shall come into force on the 1st September,
1917.
By Order of the Food Controller.
U . F. Wintour,
Secretary to the Ministry of Food.
3lst August, 1917.
Title and
Commence-
ment of
Order.
(a) ADVISORY COMMITTEE (CUSTOMS AND EXCISE). The Members of this
Committee are: Mr. John Archer (Chairman of the Wine and Spirit
Association) (Chairman) ; Mr. R. William Byass (late Chairman of the
Win* and Spirit Association) ; Mr. Henry Tait Moore (of Brook's Wharf,
Upper Thames Street); and Mr. J. N. Stickland (late Superintending
Inspector of Customs and Excise). The Secretary is Mr. Percy L. Aston,
and the address of the Committee is 110, Cannon Street, London, E.C.4.
78
Intoxicating Liquor (Output nn).
Fisheries (Ireland) Order, p. 92.
Freshwater Fish (Ireland) Order, p. 88.
Table of Local Orders thereunder, p. 89.
Pickled Herring (Returns) Order, p. 93.
Pickled Herrings Order, p. 97.
Sea Fishing (England and AVales) Order, p. 90.
Sea Fishing (Scotland) Order, p. 99.
Sea Fishing (Ireland) Order, p. 94.
Order (No, S.I) thereunder, p. 96.
THE FRESHWATER FISH (IRELAND) ORDER, 1917. DATED APRIL
25, 1917.
1917. No. -387.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations, and of all other powers enabling him
in that behalf, the Food Controller orders as follows:
1. The Department of Agriculture and Technical Instruction
for Ireland(c) may by Order authorize
(a) the use of any methods or appliances for the purpose of
taking freshwater fish the use of which would other-
wise be unlawful ;
(b) the use of any methods and appliances for the purpose
aforesaid at times and places and in circumstances at
and in which the use of such methods and appliances
would otherwise be unlawful ; and
(c) the possession sale and purchase of any freshwater fish
at times at which the possession sale and purchase
thereof would otherwise be unlawful ;
Any such Order may be made so as to apply to inland waters
generally or to any rivers or lakes, or parts thereof specified in
such Order or so as to apply generally to all persons or to any
particular person or class of persons named or described in the
Order, and may contain such qualifications conditions and
restrictions as appear to the Department to be necessary or
proper, (d)
(a) EXPORT AND IMPORT OF FISH. An epitome of the restrictions on the
export and import of fish will be found in Appendix YI (7 Exportation ; 12
Importation).
(b) CARRIAGE OF FROZEN FISH. .See Orders in Council referred to in foot-
note (c), " Frozen Meat," p. 113.
(c) DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. As to the constitution of this Department, see Editorial Note at the
commencement of Part VII ( u Powers and Orders of the Department of Agri-
culture and Technical Instruction for Ireland ") of this Manual.
(d) ORDERS MADE BY THE DEPARTMENT. Under this power the Department
Lave (Oct. 21, 1917) made 29 Orders, and under this power and that of the Sea
Fishing (Ireland) Order, 1917 (p. 94), 3 further Orders, all of which are of a
local character. A table showing the subjects of these 32 Orders, and which
of them are still in force will be found at the end of this Order.
Freshwater Fisli (Ireland) Order, 191T.
2. Any Order of the Department may be revoked or varied as
occasion requires.
3. For the purposes of this Order the expression " freshwater
fish J ' shall mean fish, other than salmon sea trout or pollen, which
live wholly or partly in fresh water.
4. (a) This Order shall extend only to Ireland.
(6) This Order may be cited as the Freshwater Fish (Ireland)
Order 1917.
Devonport,
Food Controller.
25th April, 1917.
Revocatioi
and
variation. !
Interpre-
tation.
Extent an
Title of
Order.
TABLE OF LOCAL ORDERS MADE BY THE DEPARTMENT OF AGRICUL-
TURE AND TECHNICAL INSTRUCTION FOR IRELAND UNDER THE
FRESHWATER FISH (IRELAND) ORDER, 1917, 'AND THE SEA
FISHING (IRELAND) ORDER, 1917.
District.
Subject of Order.
Date and No.
of Order.
Whether
expired.
No. 3
or Waterford
Netting fish (other than salmon, trout
and eels) in Barrow River.
July 17, 1917,
No. 18.
District.
>>
Netfiix/ //xA (other than salmon, trout and
eels) in-Black Rircr.
July 23. '1917,
No. 21.
Expired,
Oct. 1, 1917.
No. 4
or Lismore
Trapping eels in Mr. Oliver's Mill Pond
at Buttevant.
May 31, 1917,
No. 8.
District.
5
Netting brown trout, pike, perch, bream,
dace, rudd, roach, mullet, bass and
June 6, 1917,
No. 11.
shad.
5J
Use of nets, &c., for capture of eels at
July 31, 1917,
eel-weirs.
No. 24.
No. 5
or Cork District
NeftiiK/ (/ret/ mullef and n/Kid in Bandon
River.
May 29, 1917,
No. 5.
Extended by
Order No. 25,
(Bandon Division)
which expired
Sept.30J917.
??
Netting g ret/ mullet and shad lit /iandon
Hirer.
July 31, 1917,
'No. ;'->.
Expired,
Sept. 30, 1917.
No. 6 2
Netting inn/let, IXIK.-< or aliud hi tidal
June 28, 1917,
Expired,
or Bantry District.
portion of Hirer Snare or Coomhala,
No. 16.
Sept. 15, 1917.
No. 8
or Limerick
Cross-line jisliing in Lough Derg
3 fay 5, 1917,
No. 1.
Expired,
June 10, 1917.
District.
Netting pike, perch, bream, and rudd
May 15, 1917,
in Lough Derg.
No. 2.
>>
Netting pike, perch, bream, rudd, or
May 21, 1917,
roach in Lough Key.
No. 3.
i)
Netting pike in River Maigue
May 23, 1917,
No. 4.
,,
Netting pike, perch, bream, rudd, or
May 31, 1917,
roach in Lough Gara.
No. 6.
5?
Netting pike, perch, bream, rudd, or
roach in Loughs Owel and Ennel.
May 31, 1917,
No. 9.
It
Netting and trapping pike, perch,
bream, rudd, and roach in Lough
June 6, 1917,
No. 12.
Derravaragh.
Use of "Otter" and nets for taking
June 20, 1917,
'
fish (other than salmon, trout, char,
No. 14.
or pollen) on Knock Drin Estate.
Sea Fishing (England and Wales) Order, 1917.
District.
Subject of Order.
Date and No.
of Order.
Whether
expired.
No. ;'
or Galway District.
Use of cross lines in Loughs Mask,
Carra, Nafooey, and Tributary
May 3 1,1917
No. 7.
Rivers. *
',,
Use of " Otters " on certain Lakes
June 5, 1917.
No. 10.
'
Netting and trapping pike, perch,
bream, rudd, and roach in Lough
June ), 1917,
No. 13.
Corrib.
\eltn< mullet, bdff. or fluid on Ihe fed
J"l /:><>. i!>J7,
I'er. hi/ Order
coast.
.\<>. 20.
No. S. :;.
Netting mullet, bass, or shad on the sea
Oct. 18. Ill 17.
coast.
No. S.3. '
.,
Xell'tiu/ in nl lei, hdff, or fluid on tlie fed
lull/ 27, 1917.
Her. by Order
coast.
lVo. 23.
No. S, 4.
5
Netting mullet, bass, or shad on the sea
Oct. 18, 1917,
coast.
NO; S. 4.
,
?5
Capture of eels at eel-weirs, etc.
Aug. 20, 1917,
Am. by Order
No. 27.
No. 29.
?J
Capture of eels at eel- weirs, etc.
Sept. 17, 1917.
'
No. 29.
No. 9-
V // ' i ull '1 t ' i '
/,,,.., ..K' ini'y
7> "L S\ 3
or Connemara
a reas.
/ '///(' .-''5 .//./ /
No. 15.
/i t j t'. n// f /rtn'i'
No. S. 2.
District.
>
Netting mullet on sea coast in certain
Oct. 18. 1917,
areas.
No. S. 2.
"
Capture of eels at eel-weirs
Aug. 9, 1917,
No. 26.
No. 1C 1
or Ballynakill
Taking eels by fixed engine in outlet of
lake in demesne of Wesport House.
July 20, 191 7.
No. 19.
'
District.
No. 12
or Sligo District.
Netting pike, perch, bream, rudd or
roach in Loughs Gill, Corrigeenoor
Sept. 6, 1917,
No/28.
and Belhavel and Templehouse Lake.
No. 17 1
or Drogheda
Netting eels in Gap of Ballmacrad
Salmon Weir next to left bank of
July 27, 11)17.
No. 22.
District.
River Boyne.
No. 17 2
Netting pike, perch, bream, dace, rudd
June 30.1917,
or Dundalk
or roach in Quoile River.
No. 17.
District.
THE SEA FISHING (ENGLAND AND WALES) ORDER, 1917.
])ATED JULY 30, 1917. (a)
1917. No. 768.
In exercise of the powers conferred upon him by the Defence of
the Realm Regulations, and of all other powers enabling him
in that behalf, the Food Controller orders as follows :
1. The Board of Agriculture and Fisheries(b) may by Order
authorise :
(a) the use in tidal or territorial waters, for the purpose of
taking sea fish, of any method or appliance the use of
which would otherwise be unlawful;
(a) CORRESPONDING ORDERS FOR SCOTLAND AND IRELAND. The Sea Fishing
(Scotland) Order, 1917 (p. 99), makes similar provisions as to the waters adjoin-
ing Scotland, and the Sea Fishing (Ireland) Order, 1917 (p. 94) makes similar
provision as to the waters adjoining Ireland.
(b) BOARD OF AGRICULTURE AND FISHERIES. As to the constitution of
this Board see Editorial Note at the commencement of Part V (" Powers and
Orders of the Board of Agriculture and Fisheries") of this Manual.
Sea Fisliiny (England and Wales) Order, 1917.
(b) the use in tidal or territorial waters for the purpose afore-
said of any method or appliance at times and places
and in circumstances at and in which the use of such
methods or appliance would otherwise be unlawful;
and
(c) the fishing for or removal of sea fish in tidal or territorial
waters, or the possession, sale, exposure or consign-
ment for sale or purchase of any sea fish, at times
otherwise unlawful.
Any such Order may be made so as to apply to tidal or to
territorial waters generally, or to the parts thereof specified in
such Order, or so as to apply generally 10 all persons or to any
particular person or class of persons named or described in the
Order, or to sea fish generally or to any particular kind of sea fish,
and may contain such qualifications, conditions and restrictions
as appear to the Board to be necessary and proper.
Provided that no such order shall authorise, without the consent
of the Board of Trade first being obtained, any fixed net, stake net
or other erection to be placed or used on tidal lands, or authorise
any such erection to be placed or used on the foreshore under the
control of the Commissioners of Woods and Forests(a) without
the consent of those Commissioners first being obtained. (b)
2. In this Order the words and expressions hereinafter men-
tioned shall have respectively the meaning hereby assigned to
them, that is to say:
" Sea Fish " means fish of all kinds(c) found in the sea, in-
cluding crustacea and shell fish.
" Tidal Waters " means the sea and every creek, channel,
bay, estuary and river as far up the same as the tide
flows.
' Territorial Waters " means any part of the sea adjoining
the coast of England and Wales within which His
Majesty's subjects -have by International Law the
exclusive right of fishing. (d)
(a) COMMISSIONERS OF WOODS AND FORESTS. i.e., " The Commissioners of
H.M.'s Woods, Forests, and Land Revenues" see s. 12 (12) of Interp. Act, 1889
(52 & 53 Viet. c. 63). For the enactments relating to those Commissioners, see
the heading " Woods, Commissioners of " in the " Index to the Statutes in Force "
(1916 Edit.)
(b) ORDERS MADE BY THE BOARD OF AGRICULTURE AND FISHERIES. No
Orders have (Oct. 21, 1917) been made by the Board under the Sea Fishing
(England and Wales) Order, 1917.
(c) SALMON, &c. Salmon, sea trout, &c., are excluded from the corresponding
Scottish Order (p. 99). In Ireland they are provided for as regards 1917 by the .
Fisheries (Ireland) Order, p. 92, but are excluded from the Irish " Freshwater "
(p. 88) and Irish " Sea Fishing " (p. 94) Orders.
(d) EXCLUSIVE RIGHT OF FISHING WITHIN TERRITORIAL WATERS. Various
International Conventions make provision for (he exclusive right of fishery
within 3 miles from low- water mark : e.g., Art. II. of the North Sea Fisheries
Convention of May 6th, 1882, which is scheduled to the Sea Fisheries Act, 1883
(46 & 47 Viet. c. 22), and was brought into operation May 15, 1884 (see Board
of Trade Notice, dated March 26, 1884, St. R. & O., Revised (1904), vol. 8 " Mer-
chant Shipping," p. 133), and Art. II of the Regulations of May 24, 1843, as to
fishing in the seas lying between the coasts of England and France which are
scheduled to the Sea Fisheries Act, 1843 (6 & 7 Viet. c. 79). The Convention
between Great Britain and France of Nov. llth, 1867, which is scheduled to the
Sea Fisheries Act, 186.8 (31 & 32 Viet. c. 45) has never (Oct. 21. 1917) been
brought into operation (see Board of Trade Notice, Feb. 6, 1869, St. R. & (X
Revised (1904), vol. 8 " Merchant Shipping," p. 132, and s. 30 of the 1882 Act).
Fisheries (Ireland) Order, 1917.
3. Any Order of the Board may be revoked or varied, ds
occasion requires.
4. (a) This Order shall, except as otherwise expressly stated,
extend only to England and Wales.
(b) This Order may be cited as the Sea Fishing (England and
Wales) Order, 1917.
By Order of the Food Controller,
U. F. W'ntour,
Secretary to the Ministry of Food.
30th July, 1917.
THE FISHERIES (IRELAND) ORDER, 1917. DATED JULY 30, 1917.
1917. No. 769.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller hereby orders as follows :
1. (a) The Department of Agriculture and Technical Instruc-
tion for Ireland(a) may by Order authorise the taking in Ireland
of salmon and sea trout by engines other than single rod and
line until such date in the year 1917 as the Department shall
think fit.
(b) Any such Order may be made so as to apply to tidal or
inland waters generally or to any rivers or lakes or districts or
parts of districts specified in such Order, and may contain such
qualifications, .conditions and restrictions as appear to the
Department to be necessary or proper. (b)
(c) Any such Order may be revoked or varied as occasion
requires.
2. (a) From and after the date of this Order, Section 24 of
the Act 26 and 27 Victoria, chapter 114, shall take effect in all
Fishery Districts in Ireland as if the loords " the hours of
9.25 o'clock in the evening " were substituted for the words
" the hours of 8 o' clock in the evening " contained in such
section, (c)
(a) DEPARTMENT or AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. As to the constitution of this Department see Editorial Note at the
commencement of Part VII (" Powers and Orders of the Department of Agri-
culture and Technical Instruction for Ireland ") of this Manual.
(b) ORDERS OF THE DEPARTMENT. Under Clause 1 of this Order the
Department made 7 Orders extending the annual season for netting of salmon
and sea trout in certain waters. All these Orders had by September 30th, 1917,
expired.
(c) S. 24 OF SALMON FISHERY (I) ACT, 18.63. This section as thus
amended takes effect as follows :
" 24. It shall not be lawful for any person to use any net except a landing
net, for the capture of salmon or trout in the fresh-water portion of any river,
as denned by the Commissioners under this Act, between the hours of 0.25
o'clock in the evening and 6 o'clock in the morning, except so far as the same
may have heretofore been used within the limits of a several fishery next above
the tidal flow, and held under grant or charter, or by immemorial usage ; and
every person offending against the provisions of this section shall be subject
to a penalty not exceeding tea pounds, and to the forfeiture of all boats, nets
and gear used in such illegal fishing."
Pickled Herring (Returns} Order, 1917.
(6) This provision shall remain in force until and including
the last day on which in each Fishery District in the year 1917
it shall be lawful to take salmon by means of nets, (a)
3. This Order may be cited as the Fisheries (Ireland) Order. Title,
1917.
By Order of the Food Controller,
93
30th July, 1917.
U. F. Wintour,
Secretary to the Ministry of Food.
THE PICKLED HERRING (RETURNS) ORDER, 1917. DATED JULY
31, 1917.
1917. A T o. 770.
In exercise of the powers conferred upon him by Regulation
2G of the Defence of the Realm Regulations, and of all other
powers enabling him in that behalf, the Food Controller hereby
orders as follows :
1. Every person owning or having power to sell or dispose of Particulars
any pickled herrings of the kinds mentioned in the Schedules required,
which were cured on or after the 1st May, 1917, shall on or
before the 14th day of each month, beginning with the month
of August, 1917, furnish to the Food Controller a return
giving
(a) particulars of all such herrings in his possession or under
his control 011 the last day of the month immediately
preceding that in which the return- falls to be made;
(b) particulars of all such herrings sold or disposed of by
him during that month ; and
(c) such other particulars as may be required to complete
the prescribed form of return, (b)
2. The returns shall be made on forms prescribed by the Food Forms.
Controller and to be obtained from and when completed to be
returned to the Secretary, Cured Fish Committee, Grosvenor
House, London, W.I.
3. A person who does not own or have power to sell or dispose E xce pti ns
of more than 25 barrels of such herrings at the end of any month
shall not be required to make a return in respect of that month.
(a) EXPIRATION OP ARTICLE 2 OP ORDER. The result of this provision is
that Article 2 which is printed in italics expired on September 30th, 1917.
(b) DEALINGS IN PICKLED HERRINGS. See the Pickled Herrings Order
(p. 97), which prescribes maximum prices and regulates certain dealings.
Sea Fisldng (Ireland) Order, 1917.
4. Infringements of this Order are siimmary offences against
the Defence of the Realm Regulations.'
5. This Order may be cited as the Pickled Herring (Returns)
Order, 1917.
By order of the Food Controller,
U. F . Wintour,
Secretary to the Ministry of Food.
31st July, 1917,
Schedule.
CLASSES OF PICKLED HERRINGS
Gutted and TJngutted.
Large Fulls
Fulls
Mat Fulls
Medium Fulls
Matties
Large Spents )
Spents I Gutted only.
Tornbellies
THE SEA FISHING (IRELAND) ORDER, 1917. DATED AUGUST 31,
1917.
1917. No. 915.
^ n exerc ^ se f the powers conferred upon him by the Defence
f the Realm Regulations, and of all other powers enabling him
in that behalf, the Food Controller hereby orders as follows :
1. The. Department of Agriculture and Technical Instruction
for Ireland(a-) may by Order authorise :
(a) the use in tidal or territorial waters, for the purpose of
taking sea fish, of any method or appliance the use of
which would otherwise be unlawful ;
(6) the use in tidal or territorial waters for the purpose afore-
said of any method or appliance at times and places
and in circumstances at and in which the use of such
methods or appliance would otherwise be unlawful ;
and
(a) DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. As to the constitution of this Department, see Editorial Note at
the commencement of Part VII (" Powers and Orders of the Department of
Agriculture and Technical Instruction for Ireland ") of this Manual.
Sea Fix/tiny (Ireland) Order, 1917. 95
(c) the fishing for or removal of sea fish in tidal or territorial
waters, or the possession; sale, exposure or consig-n-
men for sale or purchase of any sea fish, at times other-
wise unlawful.
Any such Order may be made so as to apply to tidal or to
territorial waters generally, or to the parts thereof specified in
such Order, or so as to apply generally to all persons or to any
particular person or class of persons named or described in the
Order, or to sea fish generally or to any particular kind of sea
fish, and may contain such qualifications, conditions and restric-
tions as may appear to the Department to be necessary and proper.
Provided that no such Order shall authorise, without the consent
of the Board of Trade first being obtained, any fixed net stake net
or other erection to be placed or used on tidal lands, or authorise
any such erection to be placed or used on the foreshore under
the control of the Commissioner of His Majesty's Woods, Forests
and Land Revenues in charge of the Land Revenues and Here-
ditary possessions of the Crown in Ireland without the consent
of that Commissioner first being obtained. (a) (b) (c)
2. In this Order the words and expressions hereinafter men- j n t e rpre-
tioned shall have respectively the meaning hereby assigned to tation.
them, that is to say :
" Sea Fish " means fish of. all kinds (except salmon and
sea trout) found in the sea, including Crustacea and
shell fish.
11 Tidal Waters " means the sea and every creek, channel,
bay, estuary and river as far up the same as the tide
flows.
" Territorial Waters " means any part of the sea adjoining
the coast of Ireland within which His Majesty's subjects
have by International Law the exclusive right of
fishing, (d)
(a) ORDER OF THE DEPARTMENT. The General Order of September 18,
1917, No. S. 1, made. by the Department under the Sea Fishing (Ireland) Order
as to Drift Net Fishing for Herring, is 'printed at the end of this Order. The
Department has also under the powers of tHs Order and of the Freshwater Fish
(Ireland) Order (p. 88) made (Oct. 21, 1917) 3 further Orders (Nos. S. 2, S. 3,
and 8. 4) purely of a local character which are specified in the Table at the end
of. the last named Order, p. 89.
(b) COMMISSIONERS OF WOODS AND FORESTS. See footnote (a) to Sea
Fishing (England and Wales) Order, 1917 (p. 91).
(c) CORRESPONDING ORDER FOR ENGLAND AND WALES AND SCOTLAND.
The Sea Fishing (England and Wales) Order, 1917 (p. 90) makes similar pro-
visions as to the territorial waters of England and Wales, and the Sea Fishing
(Scotland) Order, 1917 (p. 99), makes similar provision for Scottish waters.
(d) EXCLUSIVE RIGHT OF FISHING WITHIN TERRITORIAL WATERS.
Various International Conventions, of which instances are given in footnote (d)
to the Sea Fishing (England and Wales) Order (p. 91), make provision for the
exclusive right of fishery within three miles from low water mark.
L 96 Order as to Drift Net Fishing for Herrings in Ireland.
[ Revocation 3. Any Order of the Department may be revoked or varied, as
*?". occasion requires.
i Variation.
Extent and 4. (a) This Order shall, except as otherwise expressly stated,
extend only to Ireland.
(b) This Order may be cited as the Sea Fishing (Ireland) Order,
1917.
By order of the Food Controller,
Title of
Order.
U. F. Wintour,
Secretary to the Ministry of Food.
31st August, 1917.
ORDER (No. S.I) DATED SEPTEMBER 18, 1917, MADE BY THE
DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION
FOR IRELAND UNDER THE SEA FISHING (IRELAND) ORDER,
1917, (a) AS To DRIFT NET FISHING FOR HERRINGS.
19.17. No. 999.
In exercise of the powers conferred upon them by the Sea
Fishing (Ireland) Order, 1917, (a) made by the Food Controller on
the 31st August, 1917, the Department of Agriculture and
Technical Instruction for Ireland do hereby suspend, during the
months of January, February, March, October, November and
December in each year, the operation of Section 7 of the Fisheries
(Ireland) Act, 1842 (5 & 6 Victoria, Chapter 106) in so far as
concerns the use between sunrise and sunset of drift nets for
the capture of herrings in tidal and territorial waters off the
coast of Ireland.
In Witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto set their
Official Seal this Eighteenth day of September, One
Thousand Nine Hundred and Seventeen.
(L.S.)
H. G. Smith,
On behalf of the Secretary.
(a) SEA FISHING (IRELAND) ORDER, 1917. That Order is printed, p. 94.
Pickled Herrings Order, 1917. 97
THE PICKLED HEKBIXGS ORDEK, 1917. DATED SEPTEMBER 20,
1917.(a)(b)
1917. No. 964.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller hereby Orders that except
under the authority of the Food Controller the following regula-
tions shall be observed by all persons concerned : ,
1. No person on any occasion to which this Order applies shall Maximum
directly or indirectly sell or offer for sale or buy or offer to buy prices to be
any pickled herrings at prices exceeding the maximum price observed,
applicable under this Order.
2. (a) On the occasion of a sale by or on behalf of a fish curer p r j ce on
to a wholesale dealer the maximum price shall be in accordance sale by
with the rates specified in the Schedule to this Order. Curer.
(b) On the occasion 1 of any other sale except a sale by a retail p r j ce on
fishmonger or other retail dealer selling in the usual course of his other sales
retail trade the maximum price shall be in accordance with the except retail,
rates specified in the same Schedule with an addition thereto at
the rate of ten per cent.
(c) The maximum prices hereby prescribed include the cost of Basis of
the barrels or other containers and the cost of packing and price,
packages and the cost of delivery at the purchaser's option either
at the railway station or alongside ship at the place or port at
which the herrings are lying when sold. If any further cost of
transport is borne by the seller including the cost of marine
insurance (if any) such further cost may be added to the price.
3. No pickled herrings shall be packed or sold or offered for Authorised
sale by or on behalf of a fish curer or wholesale dealer in selections selections
other than those mentioned in the said Schedule. The selection onl y *? be
known as Large Matjes shall not be less than ten and a quarter pac
inches in length. The selection known as Medium Matjes shall be
not less than nine and a quarter inches in length and any other
selections for which a minimum length is for the time being
prescribed by the current regulations for the time being of the
Fishery Board for Scotland shall be not less than the length so
prescribed, (c)
(a) RETURNS OF PICKLED HERRINGS. The Pickled Herrings Order was
preceded by the Pickled Herring (Returns) Order (p. 93) requiring monthly
Returns as to certain kinds of pickled herrings.
(b) CANNED FISH. The Food Controller is not prepared, save in very
exceptional circumstances, to recommend the issue of licences for the exportation
of canned fish. Importers are, therefore, warned not to import grades of canned
fish that are unsuitable for home markets. (Notice appearing hi the Press, Sept .0,
1917.)
(c) REGULATIONS OF THE FISHERY BOARD FOR SCOTLAND. This Board
was established by the Fishery Board (Scotland) Act, 1882 (45 & 46 Viet.,
c. 78), which transferred to that Board the powers and duties of the previous
Board of British White Herring Fishery. The Regulations, dated April 15,
1913, made by the Board as to construction and capacity of barrels and half-
barrels filled or intended to be filled with Cured White Herrings ; and quality,
cure, packing, &c., of White Herrings intended for the official crown brand are
printed as St. R. & 0., 1914, No. 683.
98
Offers and
Conditions
xpoi
excluded.
Definition.
Penalty
Title
Pickled Tfei-i-iucjs Order, 1917.
4. No person shall in connection with a sale or proposed sale-
of pickled herrings to which this Order applies enter or offer to
enter into a fictitious or artificial transaction or make or propose
any unreasonable charge.
5. This Order does not apply to sales for immediate export
where such export is authorised. (a)
6. For the purpose of this Order:
' Fish Curer " shall mean the person who cured or pickled
the herrings the subject of the sale.
'Pickled Herrings" shall not include kippers or bloaters
taken out of pickle within three days.
7. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
8. This Order may be cited as the Pickled Herring's Order,
1917.
By Order of the Food Controller.
20th September. 1917.
U. F. Wintour,
Secretary to the Ministry of Food.
Schedule above referred to.
1. Gutted Herrings.
Large Fulls . . .
Fulls ......
Mat Fulls ...
Medium Fulls...
Matties ...
Large Spents ...
Spents ......
Tornbellies ...
Large Matjes ...
Medium Matjes
50s. per whole barrel and 26s. 6cZ. per half barrel
60s. . 26s. 6d.
47s. 25s. Qd.
47s. 25s. Qd.
44s. , 23s. 6d.
40s. , 21s. 6cZ.
40s. , 21s. Qd.
28s. , 15s. 6^.
50s. , 26s. d.
45s. , 24s. Qd.
2. Un gutted Herrings.
Hand packed, direct into barrels 42s. per barrel, 22s. 6d. per
half barrel.
Hand packed into barrels ex vats or tanks 42s. per barrel,
22s. Qd. per half barrel.
The above prices apply when the sale is a sale of barrels or half
barrels. When the goods are sold in packages containing less
than a half barrel the rate per package shall be in proportion
(according to contents) to the rate per whole barrel plus twenty
per cent.
If the goods are packed otherwise than as above the price shall
be based upon and proportionate to the price per whole barrel.
(a) EXPORT OF PICKLED HERRINGS. An epitome of the restrictions on the
export of fish will be found in Appendix VI. (7. Exports) to this Manual.
Sea Fishing (Scotland) Order, 1917. 99
THE SEA FISHING (SCOTLAND) ORDER, 1917. DATED OCTOBER 10
1917.
1917. No. 1033.
In exercise of the powers conferred upon liini by the Defence
of the Eealm Regulations, and of all other powers enabling him
in that behalf, the Food Controller Orders as follows:
1. The Fishery Board for Scotland(a) with the consent of the Taking of
Secretary for Scotland may by Order authorise : fish wfthin
(a) the use for the purpose of taking sea fish in the parts the P arts of
of the sea adjoining Scotland whether within or ^ ^
beyond the territorial waters of any method or appli- Scotland? ,
aac<3 th? use of which would otherwise be unlawful;
(1) the use in such parts of the sea for the purpose aforesaid
of any method or appliance at times and places and
in circumstances at and in which the use of such
methods or appliances would otherwise be unlawful ;
(c) the landing and sale in Scotland of any fish which it
would otherwise be unlawful to land or sell in Scot-
land ; and
(d) the risking 1 for or removal of sea fish in such parts of
the sea or the pcssessiojj, sale, exposure or consign-
ment for sale or puichsse of any sea fish, at times
otherwise unlawful.
Any such Order may be made so as to apply generally to all
parts of the sea adjoining Scotland or to any such parts specified
in such Order, or so as to apply generally to all persons or to
any particular person or class of persons named and described in
this Order, or to sea fish generally or to any particular kind of
sea fish, and may contain such qualifications, conditions and
restrictions as appear to the Board to be necessary an*l
proper. (b)(c)
2. In this Order the expression " sea fish ' 3 has the same
meaning as in the Sea Fisheries Regulation (Scotland) Act,
1895. (d)
3. Any Order of the Board may be revoked or varied as Revocation
occasion requires. ^ d . .
4. (a) This Order shall, except as otherwise expressly stated,
extend only to Scotland. Extent and
(6) This Order may be cited as the Sea Fishing (Scotland) Title of
Order, 1917.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
10th October, 1917.
(a) FISHERY BOARD FOR SCOTLAND. As to the constitution of this Board
see footnote (c) to Pickled Herrings Order 1917, p. 97.
(to) ORDERS OF THE FISHERY BOARD FOR SCOTLAND. No Orders have
(Oct. 21, 1917) been made by the Board under the Sea Fjshing (Scotland)
Order, 1917.
(c) CORRESPONDING ORDERS FOR ENGLAND AND WALES AND IRELAND.
The Sea Fishing (England and Wales) Order, 1917 (p. 90) makes similar
provisions as to the territorial waters of England and Wales, and the Sea
Fishing (Ireland) Order, 1917 (p. 94) makes similar provision for Irish waters.
(d) SEA FISHERIES REGULATION (SCOTLAND) ACT, 1895 (58 & 59 VICT.
c. 42). See s. 28 of that Act, which provides that " sea fish " shall not include
salmon, sea trout or other migratory fish of the salmon kind.
3167 D 2
100
Hoarding of Food Order, 1917.
Ordinary
supplies only
to be held.
Prohibition
on sellers.
Power of
entry.
Exceptions.
Interpreta-
tion.
Penalty.
Title of
Order.
8. Hoarding* of Food.
THE FOOD HOARDING ORDER, 1917; DATED APRIL 5, 1917.
1917. No. 317.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, ancj of all other powers
enabling him .in that behalf, the Food Controller hereby orders
as follows :
1. (a) Except under the authority of the Food Controller
no person shall after the 9th April 1917 acquire any article
of food so that the quantity of such article in -his possession or
under his control at any one time exceeds the quantity required
for ordinary use and consumption in his household or estab-
lishment.
(6) In any proceedings for breach of this clause, the burden
of showing what quantity of any article of food is so required
shall rest upon the person charged.
2. No person shall sell any article of food co a purchaser where
he has reasonable grounds for believing (whether on account of
the quantity of the article sold or any other circumstances) that
the quantity of such article which may lawfully be acquired by
the purchaser will by reason of such sale be exceeded.
3. Any person specially authorised in writing by the Food
Controller may enter upon any premises in which he has reason
to believe that any article of food is being kept in contravention
of this Order and carry out such inspection and examination of
the premises as he may think necessary.
4. This Order shall not apply to
(a) Any article of food acquired or held in the ordinary
course of business by any producer, dealer or manu-'
facturer.
(b) Any home-produced or home-made article of food in the
possession of the producer or maker or the materials
reasonably necessary in the ordinary course for such
production.
5. For the purpose of this Order, the expression article of
food shall include every article which is used for food by man,
or which ordinarily enters into the composition or preparation
of human food.
6. If any person acts in contravention of this Order or aids
or abets any other person in doing anything in contravention
of this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
Company every director or officer of the Company is also guilt //
of a summary offence against those regulations unless he proves
that the contravention took place without his knowledge or
consent. (&>)
7. This Order may be cited as the Food Hoarding Order^ 1917.
Devonport,
5th April, 1917. Food Controller.
(a) LIABILITY OF DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual) which was added to the Code since this Order was
made provides that directors and officers shall be liable for offences by their
corporation or company.
Stone Fruit (Jam Manufacturers'' Privet) Qvdtr^ $!'; 101
9. Jam and Fresh Fruit(a) (b) (c)
Apricot Pulp and Bitter Oranges Order, p. 111.
Jam (Prices) Order, p. 107.
General Licence thereunder as to Orkneys and Shetlands,
p. 112.
Raspberries (Jam Manufacturers' Prices) Order, p. 103.
Raspberries (Scotland) Delivery Order, p. 106.
Stone Fruit (Jam Manufactures' Prices) Order, p. 101.
THE STONE FRUIT (JAM MANUFACTURERS' PRICES) ORDER, 1917.
DATED JULY 6, 1917.
1917. No. 694.
In exercise of the powers conferred upon him by Regulation
2r of the Defence of the Realm Regulations, and of all other
powers enabling him in that behalf, the Food Controller hereby
orders that except under the authority of the Food Controller the
following provisions shall be observed by all persons concerned :
1. A person who for purposes of sale manufactures jam, or Maximum
bottles or otherwise in any form preserves fruit (hereinafter price for-
called a jam manufacturer) shall not after the date of this raspberries
Order by himself or his agent buy or agree to buy for the pur- . ou ^> ^
poses of such manufacture or preserving any fruit of the varieties facturers.
mentioned in the Schedule at a price exceeding that specified as
applicable thereto or pay to the seller or his agent in respect of
such fruit any charges other than those permitted under this
Order.
2. The price specified shall in all cases include all charges for Picking and
picking and packing. packing.
3. Where the fruit is bought to be placed on rail, ship or Prices to be
barge at the grower's station, port or wharf, the specified price f .o.r. or f .o.b.
in such case is the price, free on rail, ship or barge. prices.
4. The additional charges permitted under this Order are:
(a) Where the fruit is delivered by the seller to the pur- Permitted
chaser's premises, or for sale in a market, the cus- additional
tomary charges in respect of such delivery, not charges,
exceeding in any case an amount equal to the
reasonable cost of transport from the grower's railway
station, port or wharf to the purchaser's premises or
the market where sold.
(a) EXPORT AND IMPORT OF JAM AND FRESH FRUIT. An epitome of the
restrictions on the export and import of jam and fresh fruit will be found in
Appendix VI. (7. Exportation; 12. Importation).
(b) CARRIAGE OF REFRIGERATED PRODUCE. See Orders in Council referred
to in footnote (c) " Foreign Meat," p. 113.
(c) SUGAR FOR DOMESTIC- PRESERVING *sw Sugar (Domestic Preserving) .
Order, 1917, p. 168.
HI 67 D 3
102
h'riiii (Jan*, Manufacturers' Prices) Order, 191'
Agent's
Commission.
Burden of
Proof.
Offers.
Fictitious
Trans-
actions.
Exclusion
from Order.
Penalty.
Title.
(b) For the use of baskets or usual packages (other than
sacks) a charge not exceeding the rate of 25s. per ton
of fruit.
(c) All market tolls actually paid in respect *of the fruit.
5. Where a jam manufacturer employs an agent in the pur-
chase of any fruit to which this Order applies, he shall not pay
to such agent a commission or other remuneration exceeding
12s. 6d. per ton of such fruit bought through the agent.
6. Where any fruit to which this Order applies is bought by
or on behalf of a jam manufacturer, such fruit shall until the
contrary be proved be deemed to be bought for the purpose of
manufacturing jam or preserving fruit for sale.
7. A person shall not knowingly sell or offer to sell to a jam
manufacturer for the purpose of manufacturing jam or pre-
serving fruit for sale any fruit to which this Order applies at a
price or subject to a charge not permitted under this Order.
8. A person shall not in connection with a purchase or dispo-
sition or proposed purchase or disposition of any fruit to which
this Order applies enter or offer to enter into any fictitious or
artificial transaction.
9. This Order shall not apply to any fruit grown outside the
United Kingdom.
10. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
11. This Order may be cited as the Stone Fruit (Jam Manufac-
turer's Prices) Order, 1917.
Rhondda,
Food Controller.
6th July, 1917.
The Schedule.
Variety of Fruit.
Egg Plums ...
Other Plums
Farleigh or Kent Damsons...
Pin, or Prune or other Damsons...
Greengages ...
Price at Rate per Ton.
s. d.
10 10
12 10
12
14
22
Raspberries (Jam Manufacturers 3 Prices) Order, 1917. 103
^ The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (Xo. 1), 1917,(a) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column 1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this ninth day of July, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their
General Order dated the 26th day of
May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (c) shall apply to the above Order.
Rhondda,
THE RASPBERRIES (JAM MANUFACTURERS' PRICES) ORDER, 1917.
DATED JULY 10, 1917.
1917. No. 702.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that except under the authority of the Food Controller the
following provisions shall be observed by all persons concerned :
1. A person who for the purposes of sale manufactures jam or Maximum
essence from raspberries (hereinafter called a jam manufacturer) p r i ce for
shall not, after the date of this Order, by himself or his Agent stone fruit
buy or agree to buy for the purposes of such manufacture any ^gj^by
raspberries at a price exceeding a rate of 35 per ton or pay to the
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192), is to empower Local Authorities in England and
Wales to enforce the present Order and to prosecute before courts of summary
jurisdiction for breaches of the same.
(b) GENERAL ORDER OF MAY 26, 1877. That Order which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to execute
certain instruments is printed St. R. & O. Revised (1904), Vol. VII., " Local
Government Board, E.," p. 1.
(c) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDER, 1917. The
effect of that Order (printed p. 194) is to empower Local Authorities in Scotland
to enforce the present Order.
3167 D 4
104
Raspberries (Jam Manufacturers' Prices) Order , 1917.
Picking and
Packing.
Prices to be
f .o.r. or f .o.b.
prices.
Permitted
additional
charges.
Agents'
Commission.
Burden of
proof.
Offers.
Contracts.
seller or his Agent in respect of such raspberries any charges other
than those permitted under this Order. (a)
2. The price specified shall include all charges for picking and
packing.
3. Where the raspberries are bought to be placed on rail, ship
or barge, at the grower's station, port or wharf, the specified price
in such case is the price, free on rail, ship or barge.
4. The additional charges permitted under this Order are:
(a) Where the raspberries are delivered by the seller to the
purchaser's premises, or for sale in a market, the
customary charges in respect of such delivery, not
exceeding in any case an amount equal to the reason-
able cost of transport from the grower's railway
station, port or wharf to the purchaser's premises or
the market where sold.
(6) For the use of tubs, baskets, or usual packages, a charge
not exceeding the rate of 25s. per ton of raspberries.
(c) All market tolls actually paid in respect of the raspberries.
5. Where a jam manufacturer employs an agent in the purchase
of any raspberries, he shall not pay to such agent a commission or
other remuneration exceeding 20s. per ton of such raspberries
bought through the agent.
6. Where any raspberries are bought by or on behalf of a jam
manufacturer, such raspberries shall until the contrary be proved
be deemed to be bought for the purpose of manufacturing jam or
essence for sale.
7. A person shall not knowingly sell or offer to sell to a jam
manufacturer for the purpose of manufacturing jam or essence
for sale any raspberries at a price or subject to a charge not per-
mitted under this Order.
8. (a) Where any contract subsisting at the date of this Order
for the purchase of raspberries bought for the purpose of manu-
facturing jam or essence for sale or bought with a view to the same
being resold for such purpose provides for payments in excess of
those permitted under this Order the contract shall stand so far
as concerns any raspberries delivered on or before the date of this
Order but otherwise shall be avoided.
(b) For the purpose of this clause raspberries bought in quanti-
ties of five cwt. or more shall, until the contrary be proved, be
deemed to have been bought for the purpose or with the view
aforesaid.
(c) This clause shall not apply to any contract where the Food
Controller otherwise determines or where the amount of rasp-
berries agreed be delivered or, at the date of this Order remaining
to be delivered, is less than five cwt.
(a) SCOTTISH RASPBERRIES. The Raspberries (Scotland) Delivery Order,
1917 (p. 106), provides that all raspberries grown in Scotland are to-be delivere
to the Food Controller.
Raspberries (Jam Manufacturers' Prices) Order, 1917. 105
9. A person shall not in connection with a purchase or disposi- Fictitious
tion or proposed purchase or disposition of any raspberries enter transactions
or offer to enter into any fictitious or artificial transaction.
10. This Order shall not apply to any raspberries grown out- Exclusion
side the United Kingdom. f m Order.
11. Infringements of this Order are summary offences against Penalty,
the Defence of the Realm Regulations.
12. This Order may be cited as the Raspberries (Jam Manu- Title,
facturers' Prices) Order, 1917.
By order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
10th July, 1917.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917, (a) shall apply to
the above Order of the Food Controller as if that Order were men-
tioned in Column 1 and the whole of that Order were mentioned
in Column 2 of the Schedule to the Local Authorities (Food
Control) Order (No. 1), 1917.
Dated this eleventh day of July, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their
(rpneral Order dated the 26th day of
May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order. 1917, (c) shall apply to the above Order.
By order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
(a) LOCAL AUTHORITIES (Fooi) CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192) is to empower Local Authorities in England and Wales
to enforce the present Order and to prosecute before courts of summary
jurisdiction for breaches of the same.
(b) GENERAL ORDER OF MAY 26, 1877 That Order which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to execute
certain instruments is printed S. R. & O. Revised (1904). Vol. VII, "Local
Government Board, E./' p. 1.
(c) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDER, 1917. The
effect of that Order (printed p. 194) is k> empower Local Authorities in Scotland
to enforce the present Order.
106
Raspberries (Scotland) Delivery Order, 1917.
THE RASPBERRIES (SCOTLAND) DELIVERY ORDER, 1917. DATED
JULY 10, 1917.
703
Scotch
Raspberries
to be de-
livered to the
Food
Controller.
Exception.
Penalty.
Title.
In exercise of the powers conferred upon him by Regulation 2F
' of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Any contract to the contrary notwithstanding all rasp-
berries grown in Scotland shall, as picked, be delivered to the
Food Controller by the grower in accordance with the instruc-
tions of a person nominated for the purpose by the Food Con-
troller and such raspberries when so delivered shall become the
property of the Food Controller and will be paid for as to rasp-
berries in good condition at the maximum prices applicable to
raspberries under the Raspberries (Manufacturers' Prices)
Order (a) ; and no raspberries grown in Scotland shall be de-
livered to any other person or on any other terms except under
and in accordance with the terms of -a licence granted by the
Food Controller.
2. This Order shall not apply to a grower of raspberries whose
total crop does not exceed 1 cwt.
3. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
4. This Order may be cited as the Raspberries (Scotland)
Delivery Order, 1917.
By order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry oi; Food.
10th July, 1917.
(a) RASPBEKRIES (MANUFACTURERS' PRICES) ORDER. The reference is to
the Raspberries (Jam Manufacturers' Prices) Order, 1917, printed p. 103.
Jam (L'ricet) Order, 1917. 107
THE JAM (PiucEs) ORDER, 1917. DATED AUGUST 15, 1917.
1917. No. 824.
In exercise of the powers conferred on him by Regulation 2r
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
that except under the authority of the Food Controller(a) the fol-
lowing regulations shall be observed by all persons concerned :
1. No person shall sell or buy or offer to sell or buy any jam Maximum
or jelly of the descriptions set out in the Schedules to this Order prices.
at prices exceeding the maximum prices applicable thereto in
each case.
2. The maximum prices of jam of the descriptions set out in
the Schedules to this Order shall be as follows :
() On and after the 20th August, 1917, on the occasion Sales of jam
of a sale by wholesale, the prices set out in the 1st by whole-
Schedule to this Order. sale.
(6) On and after the 1st September, 1917. on the occasion of Sales of jam
a sale by retail, the prices set out in the 2nd Schedule by retail,
to this Order.
3. On the occasion of a sale by wholesale the following pro- Charges on a
visions shall apply : sale by
(a) The buyer may require the jam sold to be delivered to wholesale.
his railway station and no additional charge may be
made therefor.
(6) The seller may add to the maximum price applicable
the cost of the outside package enclosing the jars or
other containers :
Provided that the buyer shall be entitled to recover
from the seller the amount so charged on returning
to the seller's railway station the outside package in
good condition.
(c) Save as is hereinbefore provided the maximum prices shall
include all charges for jars or other containers and
for packing and packages and no additional charge
may be made therefor.
4. On the occasion of a sale by retail the maximum prices shall Charges on a
include all charges for jars or other containers and for all packing sale by retail
and packages and no additional charge may be made therefor.
(a) SALE OF JAMS AT PKICES FXCEEDING MAXIMA, OK OTHERWISE NOT IN
ACCORDANCE WITH ORDER. By the Controller's Licence of Oct. 16, 1917 (p. 11
the sale by retail of jam or jelly, for delivery to, or in, the Orkney or Shetland
Islands at prices exceeding by \d. per Ib. those prescribed by this Order wa>
authorised.
In addition to this General Licence, 26 licences have (Oct. 21, 1917) been
issued to particular firms to place certain jam on the wholesale and retail
markets at prices other than those fixed by or under conditions varying from those
prescribed by this Order.
Each such Licence is subject to the condition that a label as set out therein t<
the effect that the jam is sold under the authority of the Food Controller, and
stating the maximum price at which it may be sold by retail, be affixed to each
container.
In a case of suspicion that the conditions are being contravened, a copy of the
Licence can be obtained from the Ministry of Food.
108
Jam (Prices) Order, 1917.
Sales of jelly
other than
red and
black currant
Rebate on
return of
7-lb. jars.
Constituents
of jam and
jelly.
Warranties
and invoices.
Contracts.
Offers and
conditions.
fnterpreta-
tion.
5. The maximum prices of jelly of the descriptions set out in
the Schedules to this Order on the occasion of sale by wholesale
or a sale by retail shall be the same as are applicable under this
Order to jam of the corresponding description on the occasion of
a like sale, together with any additions to such maximum prices
as are authorised by any Article of this Order on the occasion
of a like sale of jam, and together with the addition of one-half-
penny per pound :
Provided that nothing in this Order shall apply to red currant
jelly or to black currant jelly.
6. Where on the sale (whether by wholesale or by retail) of any
jam or jelly to which this Order applies, such jam or jelly is
contained in a 7-lb. jar the buyer shall be entitled to recover
from the seller the sum of sixpence for each such 7-lb. jar
returned by the buyer to the seller in good condition.
7. No jam or jelly of the descriptions set out in the Schedules
to this Order shall be offered for sale unless such jam or jelly is
made in accordance with the following provisions:
(a) Not more than 10 per cent, of the jam or jelly measured
by weight shall consist of added fruit juice.
(b) Where more than one fruit is mentioned in the descrip-
tion of any jam or jelly, the amount of each such fruit
measured by weight shall not be less than 25 per cent,
of the total amount of fruit contained in the jam or
jelly.
(c) The dried weight of the ingredients of any jam or jelly
shall not be less than 65 per cent, of the total weight
of such jam or jelly.
8. The provisions of the Sale of Food and Drugs Acts relating
to warranties and invoices shall apply to any proceedings under
Article 7 of this Order in the same way as they apply to pro-
ceedings under those Acts. (a)
9. Where any contract subsisting at the date of this Order for
the sale of any jam or jelly provides for payment of a price in
excess of the permitted maximum price, the contract shall stand
so far as concerns jam or jelly delivered on or before the date
of this Order but shall be avoided so far as concerns jam or jelly
agreed to be sold above the permitted maximum price which has
not been so delivered.
10. No person shall in connection with a sale or disposition
or proposed sale or disposition of any jam or jelly to which this
Order applies enter or offer to enter into any fictitious or unreason-
able transaction or make or demand any unreasonable charge.
11. For the purpose of this Order the following provisions shall
apply :
(a) Tlie expression "jam" shall include conserve.
(b) The expression " sale by wholesale" shall mean a sale
to a person for the purpose of re-sale or the sale of a
quantity of jam and jelly or either of them of not less
than 144 Ib's.
(a) PROVISIONS OF SALE OF FOOD AND DRUGS ACTS AS TO WARRANTIES
AND INVOICES. See footnote (a) to " Cake and Pastry Order, 1917," p. 40.
Jam (Prices} Order, 1917.
109
(c) The expression "sale hy retail " shall mean any sale
other than a sale by wholesale.
12. Infringements of this Order are summary offences against Offences.
the Defence of the Realm Regulations.
13. This Order may be cited as the Jam (Prices) Order, 1917. Title.
By Order of the Food Controller,
15th August, 1917.
U. F. Wintour,
Secretary to the Ministry of Food.
Schedule I.
SALE BY WHOLESALE.
Description.
Maximum prices of Jam.
1 Ib.
2 Ib.
3 Ib.
4 Ib.
If sold in
larger
7 Ib. i Containers
than 7 Ib.
TW IV.
*. d.
s. d,
s. d.
. d.
s. d.
s. d.
Apricot ")
Cherry
Black currant
Pineapple
1 74
2 44
3 2
5 64
9
Strawberry...
Pineapple and apricot
Peach V 10
Raspberry }
1 64"
2 3
3
5 3
84
Raspberry and red currant 94
54
2 14
2 10
4 114
8
Greengage ~]
Blackberry...
Loganberry
Red currant
1 4|
2
2 8
4 8
7|
Raspberry and gooseberry |
Strawberry and gooseberry j
Apricot and apple ... V
Gooseberry V 84
1 3*
1 104
2 6
4 44
7
Raspberry and plum )
Damson 1
Plum |
1 3
1 9|
2 5
4 2J
6f
Blackberry and apple }
Black currant and apple ( n o
Raspberry and apple f
1 24
1 9
2 4
4 1
64
Strawberry and apple )
Plum and apple ... 1 7i
Any other description j
1 14
1 74
2 2
3 94
-0 6
Jam (Prices) Order, 19.17.
Schedule II.
SALE BY RETAIL.
Description of Jam or Jelly.
Maximum Prices.
1 Ib.
2 Ib.
3 Ib.
4 Ib.
7 Ib.
If sold
without
Container.
Per Ib.
s. d.
s. d.
*. d.
s. d.
s, d.
s. d.
Apricot ... 1
~f
Cherry
Blackcurrant
Pineapple
I
1 104
2 9
3 8
6 5
11
Strawberry
Pineapple and apricot
Peach )
Raspberry j
o m
1 94
2 74
3 6
6 14
10
Raspberry and red currant
11
1 84
2 6
3 4
5 10 10
Blackberry "|
Greengage
Loganberry
Red currant
104
1 U
2 44
3 2
5 6i
94-
Raspberry and gooseberry }
Strawberry and gooseberry J
Apricot and apple ")
Gooseberry
Raspberry and plum J
10
I 64
2 3
3
5 3
9
Damson "1
Plum
Blackberry and apple
Black currant and apple j
94
1 54
2 14
2 10
4 114
84
Raspberry and apple
Strawberry and apple
Plum and apple ... )
Any other description j
9
1 44
2
2 8
4 8
8
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,( a ) shall apply to.
the above Order of the Food Controller as if that Order were
mentioned in column 1 and the whole of that Order were men-
tioned in column 2 of the Schedule to the Local Authorities (Food
Control) Order (No. 1), 1917.
Dated this 15th day of August, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government Board under
the authority of their General Order, dated the 26th day of
May, 1877. (b)
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187) coupled with the Food Controller's Order
of the same date (p. 192) is to empower Local Authorities in England and
Wales to enforce the present Order and to prosecute before courts of summary
jurisdiction for breaches of the same.
(b) GENERAL ORDER OF MAY 26, 1877. That Order, which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to execute
certain instruments, is printed S. R. & O. Revised (1904), Vol. VII., " Local
Government Board, E.," p. 1.
Apricot Pulp and Bitter Oranyes Onla , 1917.
- With the concurrence of the Secretary for Scotland, the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (a) shall apply to the above Order.
By order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food.
Ill
THE APRICOT PULP AXD BITTER ORAXGES ORDER, 1917..
AUGUST 21, 1917.
1917. Xo. 868.
DATED
Prohibition
on dealings
in Apricot
Pulp and
Bitter
Oranges out
side the
United
Kingdom.
In exercise or the powers conferred upon him by Regulation F
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no person
shall on' or after the 28th August, 1917, either on his own behalf
or on behalf of any other person
(a) Buy, sell, or deal in; or
(6) Offer or invite an offer or propose to buy, sell, or deal
in; or
(c) Enter into negotiations for the sale or purchase or
other dealing in ;
any Apricot Pulp or Bitter or Sour Oranges or Pulp made from
such oranges outside the United Kingdom, whether or not the
sale or purchase or dealing is or is to be effected in the United
Kingdom.
Provided that all persons are authorised to buy, sell and deal
in Apricot Pulp and Bitter or Sour Oranges and Pulp made from
such Oranges on passage to the United Kingdom at the date of
this Order.
2. All persons concerned shall before the 28th August, 1917, Returns.
furnish to the Secretary of the Ministry of Food, Grosvenor
House, Upper Grosvenor Street, W.I, a statement showing the
quantity of Apricot Pulp and Bitter or Sour Oranges and Pulp
made from such Oranges purchased but not shipped at the date
of this Order and the quantity^hereof sold or unsold.
3. This Order shall not be construed as prohibiting the insur- i nsura nce.
ance of Apricot Pulp or Bitter or Sour Oranges or Pulp^ made
from such Oranges.
4. Infringements of this Order are summary offences against Penalty
the Defence of the Realm Regulations.
(a) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDER. 1917.
The effect of that Order (printed p. 194) is to empower Local Authorities in
Scotland to enforce the present Order.
General Licence under Jam (Prices) Order, 1917.
5. This Order may be cited as the Apricot Pulp and Bitter
Oranges Order, 1917.
By order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food.
21st August, 1917.
GENERAL LICENCE, DATED OCTOBER 16, 1917, UNDER THE JAM
(PRICES) ORDER, 1917. (a)
1917. No. 1065.
1. The Food Controller hereby authorises all persons selling
jam or jelly by wholesale for delivery to any place in the Orkney
Islands or Shetland Islands and all persons selling jam or jelly
by retail within those Islands to charge a sum at the rate, of ^d.
per Ib. for jam so delivered or so sold in addition to the prices
authorised by that Order upon sales of the same jam or jelly by
wholesale and by retail respectively and the Food Controller
hereby authorises all persons concerned to pay such additional
sums accordingly.
2. In this Licence, expressions denned in the Jam (Prices)
Order, 1917, (a) shall have the meaning thereby assigned to them.
By Order of the Food Controller,
W. H. Beveridge,
Second Secretary to the Ministry of Food.
16th October, 1917.
(a) Jam (Prices) Order, 1917. That Order is printed p. 107.
Meat (Sales) Order, 1917. 113
10. Meat(a)(b)(c)
Cattle and Meat (Eeturns) Order,/?. 117.
Meat (Maximum Prices) Order as amended,/?. 118.
Meat (Sales) Order, p. 113.
THE MEAT (SALES) ORDER, 1917. DATED MAY 31, 1917.
1917. No. 520.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm Regulations, and of all other powers
(a) ARMY CATTLE PURCHASE. The following Notice appeared in the Press
of September 1st, 1917 : " The arrangements made for the purchase of cattle
in the United Kingdom for the feeding of the Army during the next few months
have been revised in the light of a reduction in the demands of the Army,
which were originally estimated at 250,000 head. The reduction in the weekly
purchases will be spread over the whole area, and a smaller number of stock will
be taken from England, Scotland, and Ireland. The purchases will be carried
out in England by traders nominated by the Auctioneers' Institute and in
Scotland by a Committee of auctioneers, but in Ireland the Army authorities
will buy cattle through their own agents, as the Army has for some time been
possessed of an organisation for the direct purchase of agricultural produce in
Ireland. The buyers have been instructed to purchase cattle in a condition to
yield good lean meat, beyond that of ' stores ' three quarters fat but not ' prime.'
The purchases will be effected at market rates, which are expected to rule below
the maxima fixed by the Food Controller."
(b) EXPORT AND IMPORT OP CATTLE AND MEAT. An epitome of the
restrictions on the export of meat will be found in Appendix VI. (7 Exporta-
tion). As to the importation of certain cattle, see 6- " Diseases of Animals Acts
and Orders " of same Appendix.
(c) FROZEN AND OTHER IMPORTED MEAT. Tn 1915 three Orders in Council
(all printed as Statutory Rules and Orders), of which the dates and scope are
specified below, requisitioned for the carriage of refrigerated produce the
insulated spaces in certain British steamships.
Date of Order
in Council.
St. R. & 0.
number.
British Steamships insulated spaces in
which were requisitioned.
April 13, 1915
April 29, 1915
Oct. 14, 1915
1915-303
1915-385
1915-999
All steamships trading between the Common-
wealth of Australia or the Dominion of New
Zealand and the United Kingdom.
Steamships owned by certain Companies trading
between the Argentine or Uruguay Republics
and the United Kingdom or Europe.
! Certain steamships specified by name trading
between the Argentine or Uruguay Republics
and the United Kingdom.
Two further Orders in Council of Nov. 10, 1915 (1915, No. 1071), and Dec. 22,
1915 (1915, No. 1219), empowered the President of the Board of Trade to
requisition
(i)-any British ship registered in the United Kingdom for the carriage
of food-stuffs ;
(ii) the insulated spaces for the carriage of refrigerated produce in any
British steamship registered in the United Kingdom or hereafter
to be so registered and fitted or hereafter to be fitted with such
spaces and not liable to requisition under the three first-mentioned
Orders in Council.
All these five Orders in Council are printed pp. 400-409 of Vol. I of the
Annual Volume of St. R. & O. for 1915.
Regulation 39BBB (3) of the Defence of the Realm Regulations empowers
the Shipping Controller to requisition any ships or any cargo spaces in any ships
" in order that they may be used in the manner best suited for the needs of the
country."
The General Regulations for the sale of frozen meat from Australia and New
Zealand are printed in Appendix IV. to this Manual.
114
Meat (Sales) Order, 1917.
enabling him in that behalf, the Food Controller hereby orders
that, except under the authority of the Food Controller, the
following- provisions shall be observed by all persons concerned :
Dealer to
sell only for
slaughter.
Written
undertaking.
Slaughter.
Powers and
duties of
Market
Authority.
False
statements.
Duties of
the Market
Authorities
in relation to
under-
takings.
I. SALES OF FAT CATTLE.
1. A person who has bought any fat cattle (hereinafter called
the dealer) shall not resell the same except to a person (herein-
after called the permitted buyer) who gives a written undertaking
that he is buying such cattle for slaughter, and the permitted
buyer shall not sell the fat cattle bought but shall cause the same
to be slaughtered within 14 days of the date of his purchase.
2. When the resale was made to the permitted buyer in a
cattle market, the written undertaking shall be made and entered
by the permitted buyer in a book to be kept for the purpose by
the market authority for such market, and in any other case
shall be in the form set forth in the schedule and shall be sent
by the dealer to the market authority of the cattle market nearest
to the place where the sale was made.
3. The permitted buyer shall within seven days of the cattle
being slaughtered forward particulars of the place and time of
such slaughter to the market authority to whom the written
undertaking was given or sent.
4. Where any cattle are sold in the market, the determination
of the market authority whether such cattle are or are not fat
cattle shall be conclusive for all purposes, and the market
authority shall not permit any fat cattle to be moved from the
market until the necessary written undertaking has been given.
5. A person shall not make any false statement in the written
undertaking or particulars referred to in this part of this Order.
6. The market authority shall retain all written undertaking
and particulars received by them, and shall inform the Food
Controller, or, as he may direct, of any case where it appears
to them that the provisions of this part of this Order have not
been complied with.
Application
of this part.
Salesmen to
sell to retail
butchers.
II. SALES OF DEAD MEAT.
7. This part of this Order shall apply on the occasion of any
sale of dead meat, by or on behalf of a person (hereinafter called
the salesman) who has bought such meat, or has received for sale
on commission meat previously bought as dead meat : *
Provided that
(a) Nothing in this part shall apply to meat imported by the
Board of Trade or to a retail sale of meat ; and that
(b) Clauses 8, 9 and 10 shall not apply on the occasion of a
sale of imported meat by the first importer thereof.
8. The salesman shall not sell any part of such meat except
to a retail butcher buying for retail sale or to a person buying for
consumption.
Meat (Sales] Order, 1917.
115
9. The salesman shall not sell any carcase, side or quarter at
a price more than 3d. a stone above* the cost to him of the meat
sold, or in the case of meat consigned to him lor sale on com-
mission at more than 3d. per stone above the price at which the
meat was bought by the consignor, together with cost of trans-
port to the place of sale.
10. The salesman shall not sell a carcase, side or quarter cut
into smaller joints at such prices as will in the aggregate make
the total amount charged by him for the meat sold more than \d.
a stone above the price at which the like carcases, sides or
quarters are on the same day being sold or offered for sale.
11. ]STo wholesale butcher or meat importer shall sell a carcase,
side or quarter cut in smaller joints at such prices as will in the
aggregate make the total amount charged by him for the meat
sold more than Id. per stone above the price at which the like
carcases, sides or quarters are on the same day being sold or
offered for sale.
12. In any proceedings for a breach of the provisions of this
part of this Order, the burden of proving the amount of the
price at which meat was bought and cost of transport shall be
upon the person charged.
13. Every person selling meat in a market shall furnish to the
market authority, as and when required by the market authority,
a statement showing classification and weight of meat sold by
him in such market and prices realised.
Price for
Carcases.
Price for
joints.
Price for
joints by
wholesale
butchers
and meat
importers.
Burden
of proof.
Statement
to be given
to Market
Authority.
III. GENERAL.
14. A person shall not buy, sell or deal in or offer to buy, offers, etc.
sell or deal in, any cattle or meat in contravention of any of the
provisions of this Order.
15. All persons concerned shall keep such records of cattle Records,
bought, sold and slaughtered, and meat bought and sold, prices
paid and charged and the names of sellers and buyers as are
necessary for the purpose of ascertaining whether or not the pro-
visions of this Order are being complied with, and such records
shall at all times be open to the inspection of the Food Controller
or of any local authority or market authority.
16. The market authority of a market shall cause copies of this Display "of
Order to be kept affixed in some conspicuous place in such market. Order.
17. For the purpose of this Order:
11 Market " shall include a fair.
' Market authority" shall mean any person, company or
corporation having the control or management of any
market or in receipt of tolls in respect thereof.
"Cattle" shall include, in addition to cattle usually so
called, ram, ewe, wether, lamb, and swine.
"Meat" shall mean any meat obtained from cattle as
defined.
** Sale " shall include barter.
" Stone " shall mean a stone of 8 Ibs.
Interpre-
tation.
116
Penalty.
Title and
commence-
ment of
Order.
Meat (Sales) Order, 1917.
18. If any person acts in contravention of this Order, or aids
or abets any other person, in doing anything in contravention
of this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if #ucli person is a
company every director and officer of the COI/IJ/UHI/ /.y alxu //////-.//
of a summary offence against those regulations mile. lie proves
that the contravention took place ivithout ///* 'knowledge <
consent, (a)
19. (a) This Order may be cited as the Meat (Sales) Order,
1917.
(6) Part I. of this Order shall come into force on the llth
June, 1917, and Part II. shall come into force on the 4th June
1917.
Devonport,
Foofl Controller.
31st May, 1917.
Schedule.
I declare that the animalfs] described at the foot of this under-
taking was (were) bought by me for slaughter and will be
slaughtered within 14 days hereof.
It is intended that such animal shall be slaughtered at
Signature....
Address.
Date.
Class of animal.
Name of
seller.
Address of seller.
Price.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,(b) shall apply to
the above Order of the Food Controller as if that Order were
(a) LIABILITY or DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual) which was added to the Code since this Order was
printed provides that directors and officers shall be liable for offences, by their
corporation or company.
(b) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187) coupled with the Food Controller's Order
of the same date (p. 192) is to empower Local Authorities in England and
Wales to enforce the present Order and to prosecute before courts of sum-
mary jurisdiction for breaches of the same.
Cattle and Meat (Returns) Order, 1917. 117
mentioned in Column 1 and the whole of that Order were men-
tioned in Column 2 of the Schedule to the Local Authorities
{Food Control) Order (No. 1), 1917.
Dated this 1st day of June, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Govern-
ment Board under the authority of
their General Order dated the 26th day
of May, 1877. (a)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (b) shall apply to the above Order.
Devonport,
Food Controller.
THE CATTLE AND MEAT (RETURNS) ORDER, 1917. DATED JULY 28,
1917.
1917. No. 767.
In exercise of the powers conferred upon him by Regulation
2o of the Defence of the Realm Regulations, and of all other
powers enabling him in that behalf, the Food Controller hereby
Orders as follows :
1. All persons engaged in the production, purchase, sale,
distribution, transport, storage or shipment of any
cattle or any meat,' shall furnish such particulars as
to their businesses as may from time to time be
specified by or on behalf of the Food Controller, and
shall verify the same in such manner as he may direct.
2. For the purpose of this Order, the expression " Cattle "
shall include in addition to cattle usually so called
Ram, Ewe, Wether, Lamb, Deer, Goats and Swine;
and the expression " Meat " shall mean any meat
obtained from cattle as defined.
3. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
4. This Order may be cited as the Cattle and Meat (Returns)
Order, 1917.
By Order of the Food Controller,
U. F. Wintour,
Secretary of the Ministry of Food.
28th July, 1917.
(a) GENERAL ORDER OF May 26, 1877. That Order which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to execute
certain instruments is printed S. R. & O. Revised (1904), Vol. VII., " Local
Government Board, E.", p. 1.
(b) LOCAL AUTHORITIES (FOOD CONTROL) (SCOTLAND) ORDER, 1917. The
effect of that Order (printed p. 194) is to empower Local Authorities in Scotland
to enforce the present Order.
Meat (Maximum Prices) Order, 1917, as amended.
THE MEAT (MAXIMUM PRICES) OKDER, 1917, DATED AUGUST 29,
1917, AS AMENDED BY THE MEAT (MAXIMUM PRICKS)
ORDER (No. 2), 1917, DATED SEPTEMBER 11, 1917. (a)
1917, No. 903, as amended by No. 943.
In exercise of the powers conferred upon him by Regulation
2F of the Defence of the Realm Regulations and of all other
powers enabling- him in that behalf, the Food Controller hereby
orders that except under the authority of the Food Controller
the following regulations shall be observed by all persons
concerned :
PART I. MAXIMUM WHOLESALE PRICES.
1. No person shall on or after the 3rd September, 1917:
(a) Sell by way of wholesale sale any carcase of any of
the kinds of dead meat specified in the Schedule
or any hind quarter or fore quarter of imported beef
or veal at a price exceeding the maximum price
therein mentioned. Provided that
(i) In the case of Kosher meat the maximum
wholesale price shall in each case be ~L^d.
per stone in excess of the price otherwise
applicable under the Schedule ; and
(ii) Where the carcase is cut by the seller into
smaller portions a further charge not exceed-
ing a charge at the rate of \d. per stone
may be made for such cutting; or
(b) Sell by way of wholesale sale in any area any side,
quarter, joint, or cut of the kinds of dead meat so
specified at a price exceeding such maximum price
as the Food Controller may from time to time direct
for that area.
Price to be 2. The maximum price applicable under the immediately pre-
ex market, ceding clause (hereinafter called the Maximum Wholesale
Price) shall in each case be the price ex market, warehouse,
store, or other place of sale.
Meat (Sales) 3. Nothing contained in this Part of this Order shall exempt
Order, 1917. ftll y person from any of the obligations imposed by Part II. of
the Meat (Sales) Order, 1917. (b)
PART II. MAXIMUM RETAIL PRICES.
Limitation 4. (a) No person shall in the fortnight ending the !"'
on aggregate September, 1917, or any succeeding fortnight sell meat by
n about or from any premises except at such prices as
(a) MEMORANDA FOR THE GUIDANCE OF THE LOCAL FOOD OFFICE. Two
such Memoranda (M.G. Meat 1 and 2) have been issued in connection with
this Order, of which the second explains the object and effect of Order No. 2.
(b) MEAT (SALES) ORDER, 1917. That Order is printed p. 113.
Meat (Maximum Price*} Order. 1917, ax amended. 119
secure that the aggregate of the prices charged for meat so sold
during the fortnight in question does not exceed the actual cost
to him of such meat by more than the prescribed percentage
of such actual cost or by more than an amount representing
2^d. for every Ib. of meat so sold, whichever shall be the less.
(6) The prescribed percentage shall be 20 per cent, or such
other percentage as the Food Controller may from time to time
direct either generally or in any particular case or class of case.
5. In ascertaining the prices charged for the purpose of Sale price,
clause 4 hereof there shall be excluded such sum (not exceeding
a sum at the rate of %d. per Ib.) as may be charged for delivery
and for giving credit.
6. In ascertaining the actual cost for the purpose of clause 4 Actual cost,
hereof, regard shall be had to the following rules:
(a) Where meat sold has been bought as dead meat the actual
cost shall be the sum paid or payable for such meat
ex Market, warehouse, store, or other place where so
bought without any addition whatsoever.
(b) Where the meat sold is obtained from cattle bought alive
by the person in question and slaughtered within 14
days of his purchase, the actual cost shall be taken
to be the sum paid for such cattle less the value of
any part thereof not sold as meat or the maximum
wholesale price for the carcase as at the time of
slaughter whichever shall be the less.
(c) Where the person in question imports meat which is sold
by him at any premises the actual cost of such meat
shall be taken to be its value at the market price for
the time being fixed by or under arrangement with the
Food Controller.
(d) In all other cases the actual cost of any meat in respect
of which a maximum wholesale price is provided under
Part I. of this Order shall be taken to be the maximum
wholesale price for the time being applicable thereto
in the area in which the premises are situate, and the
actual cost of any side, quarter or other cut, in
respect of which there is for the time being no
such maximum price, shall be deemed to be such sum
as is fair and reasonable on the basis of such maxi-
mum wholesale price.
7. (a) A Food Control Committee may from time to time Powers of a
prescribe a scale or alternative scales of maximum prices Food
applicable to sales of meat by retail in about or from any Committee
premises situate within their area, and may from time to time
revoke or vary any scale so prescribed and where alternative
scales are prescribed may make such provisions as they shall
think fit as to the application of any such scale to any premises
or class of premises within their area. Any scale prescribed
under the powers conferred by this clause shall be in accordance
with any general directions which may from time to time be
given by the Food Controller.
Meat (Maximum Prices) Order, 1917, as amended.
(b) Where any scale lias been so prescribed then (subject to
any limitations or exceptions prescribed by the Committee) no
meat shall be sold by retail in or about or from any premises
situate within the area of the Committee at prices exceeding the
prices provided by the scale applicable to such premises.
(c) Where 'the Food Controller so directs a Food Control Com-
mittee shall in exercise of the powers and duties conferred by
this clause act in combination with any other Food Control Com-
mittee or Committees and in such case the scale or scalee
prescribed shall apply to the areas of all such Committees.
(d) Compliance with the terms of a scale prescribed under the
provisions of this clause shall not relieve any person from the
necessity of complying with the foregoing provisions of this part
of this Order.
(e) This clause shall not apply to Ireland.
8. In any proceedings for a breach of any of the provisions
of this part of this Order? the burden of proving the actual cost
of the meat sold during any fortnight shall be upon the person
charged.
PART III. GENERAL.
9. On and after the 3rd September, 1917, every person selling
meat by retail in any shop shall keep posted in a conspicuous
position so as to be clearly visible to all customers throughout
the whole time during which the meat is being sold or exposed
for sale, a notice stating in plain words and figures the prices
for the time being of the usual cuts of meat on sale in about
or from such shop and a copy of every such notice shall within
48 hours of the same being posted be sent by him to the Food
Control Committee.
10. A person shall not sell or offer or expose for sale or buy
or offer to buy any meat at prices exceeding the maximum prices
provided by or under this Order, or in connection with any sale
or disposition or proposed sale or disposition of meat enter or offer
to enter into any artificial or fictitious transaction or make any
unreasonable charge.
11. Every person dealing in meat shall keep accurate records
containing such particulars as are necessary to show whether or
not he is complying with the provisions of this Order so far as
they relate to him or his trade, and shall make such returns as
to his trade and otherwise as may from time to time be required
by the Food Controller or a Food Control Committee. All such
records and relevant documents shall be open to the inspection
of any person authorised by the Food Controller or the Com-
mittee.
12. Where any contract subsisting at the date of this Order for
the sale , of meat provides for the payment of a price in excess
of the maximum price fixed by this Order applicable on the
occasion of such a sale, the contract shall stand so far as concerns
meat delivered before the 17th September, 1917, but unless the
Food Controller otherwise determines, shall be avoided so far
as concerns meat which is to be delivered on or after that date.
Meat (Maximum Prices) Order, 1917, as amended. 121
13. Infringements of this Order are summary offences against Infringe-
the Defence of the Realm Regulations. ments.
14. For the purpose of this Order :
" Food Control Committee " shall mean a Committee
appointed in pursuance of the Food Control Committees
(Constitution) Order, 1917. (a)
" Premises " shall include any van, stand, cart, or' other
vehicle.
" Cattle " shall include in addition to cattle usually so
called, ram, ewe, wether, lamb and swine.
"Meat" shall except where otherwise stated mean any
meat (including sausages and edible offal) obtained from
cattle as defined, other than bacon, ham, preserved and
potted meats, and cooked meats.
"Kosher Meat" shall mean meat obtained from cattle
slaughtered by butchers in accordance with the Jewish
practice of slaughter.
" Stone "shall mean a stone of 8 Ibs.
15. This Order may be cited as the Meat (Maximum Prices) Title of
Order, 1917. Order.
Rhondda,
Food. Controller.
29th August, 1917.
Scliedule of Maximum Wholesale Meat Prices.
Beef and Veal. Price per stone.
Mutton and Lamb.
Price per stone.
Pork. Price per stone.
H ome
killed.
Imported.
Home
killed.
Imported.
Home
killed.
Imported.
Carcase.
Carcase.
Hind Qtrs.
Fore Qtrs.
Carcase.
Carcase.
Carcase.
1917.
Sept. ...
Oct. ...
Nov. ...
Dec. ...
8. <1.
8 8
8 4
8
-S
*. 5 55 55
General Licence under Milk Order, 1917. 139
s. d.
French Fresh Kolls (ex port) 26 per dozen Ibs.
Paris unsalted (ex port) 238 112
Blended Butter, English Factory,
delivered :
Rolls and Bricks (1 or 2 Ibs.) ... 25 dozen Ibs.
Rolls and Bricks (4 Ib.) 25 3
Prints (4 Ib.) .... 25 9
The first hand prices for French and Blended Butters are the
same whether salted or unsalted.
Except where the price is stated as a net price, discount shall be
allowed at 2d. in the for cash within seven days, and at Id. in the
for cash within one calendar month.
GENERAL LICENCE, DATED OCTOBER 8, 1917, UNDER, THE MILK
ORDER, 1917. (a)
1917. Xo. 1029.
The Food Controller hereby authorises a person who sells milk
by retail from a retail shop to sell from such shop milk to a
person buying for re-sale, at a price not exceeding the retail price
of milk in the area in which such shop is situate : Provided that
not more than eight imperial gallons of milk may be so sold by
any one seller to any one buyer on any day : Provided also that
this licence may be revoked at any time by the Food Controller,
either generally, or as respects any particular person.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
8th October, 1917.
(a) MILK ORDER, 1917. That Order is printed p. 131.
12.
Swedes (Prices) Order, 191T.
Potatoes and Swedes.(a) (b) (c)
Potatoes Order, jo. 143.
Potato Bags (Returns) Order, p. 156.
Seed Potatoes (Immune Varieties) Order, p. 141.
Swedes (Prices) Order, p. 140.
THE SWEDES (PRICES) ORDER, 19.17. DATED MARCH 21, 1917. (d)
1917. No. 260.
In exercise of the powers conferred upon him by Regulation 2p
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller no
person shall sell or offer to sell any Swedes or Swedish
Turnips at a price (including the cost of bags or
other packages) exceeding the rate of \\d. per Ib.
2. If any person acts in contravention of this Order or aids
or abets any other person, in doing anything in con-
travention of this Order, that person is guilty of a
summary offence against the Defence of the Realm
Regulations, and if such person is a company every
director and officer of the company is also guilty of
a summary offence against those regulations unless
he proves that the contravention took place without
his knowledge or consent. (e)
3. This Order may be cited as the Swedes (Prices) Order,
1917.
Devonport,
Food Controller.
21st March, 1917.
(a) EXPORT OF POTATOES. An epitome of the restrictions on the export
and import of potatoes, &c., and potato flour will be found in Appendix VI.
(7. Exportation).
(b) DISEASES OF POTATOES. An epitome of the Destructive Insects and
Pests Acts and of the Orders thereunder will be found in Appendix VI. (5) to
this Manual.
(c) USE OF POTATOES IN MAKING BREAD. This is provided for by " The
Bread (Use of Potatoes) Order, 1917," printed p. 66.
(d) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales and Scot-
land (see "The Local Authorities (Food Control) Order (No. 1), 1917," p. 187,
and " The Local Authorities (Food Control) (Scotland) Order, 1917," p. 194),
and breaches thereof may be prosecuted by Local Authorities in England and
Wales (se<> Food Controller's Order of May 8th, 1917, p. 192).
(e) LIABILITY OF DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual), which was added to the Code since this Order
was made, provides that directors and officers shall be liable for offences by their
corporation or company.
Seed Potatoes (Immune Varieties) Order, 1917. 14
THE SEED POTATOES (!MMUXE VARIETIES) ORDER, 1917. DATED
SEPTEMBER 5, 1917.
1917. No. 935.
In exercise of the powers conferred upon him by the Defence of
the Realm Regulations and all other powers enabling him in
that behalf, the Food Controller hereby orders that, except under
the authority of the Food Controller, the following regulations
shall be observed by all persons concerned :
1. (a) No potatoes of the varieties " King George V.," Restrictions
1 ' Great Scot," " Lochar," and " Templar " grown in Scotland on delivery
or in England or Wales in the year 1917, may be sold or other- ?* certain
wise disposed of or moved from the premises on which they were varieties O f
situate 011 the 6th September, 1917, except under a licence issued se ed pota-
by the Board of Agriculture and Fisheries(a) or by the Board of toes.
Agriculture for Scotland. (b)
(b) Contracts existing at the date of this Order for the sale of
an;/ such potatoes shall stand cancelled except so far as relates
to potatoes which are delivered prior to the 6th September, 1917,
or which may be delivered on or after that date under and in
accordance with the terms of any licence that may be granted
under this clause.
(c) The foregoing provisions of this Order shall not affect the
use of any potatoes by the grower thereof in his own household
or as seed for the purpose of his farm or holdings.
2. Clause (1) of this Order shall apply only to potatoes in the
hands of a person who has in his hands upwards of 5 tons of
potatoes of the description mentioned in Clause (1) or who has
under cultivation upwards of a half acre of such potatoes.
3. (a) Every such person as is mentioned in Clause 2 shall Returns,
before the 15th September, 1917, make a return on the form
prescribed in the Schedule, showing the quantity in tons of
potatoes of the descriptions mentioned in clause (1), in his
possession on that day and the acreage which he has under
potatoes of such description and the situation of such potatoes
and acreage.
(b) The returns shall be made as to potatoes in England and
Wales to the Board of Agriculture and Fisheries and as to
potatoes in Scotland to the Board of Agriculture for Scotland.
4. This Order shall not apply in Scotland to potatoes which Riddle
will pass through a riddle having a mesh of one inch, or in
England or Wales to potatoes which will pass through a riddle
having a mesh of one and a quarter inches.
5. Infringements of this Order are summary offences against Penalties.
the Defence of the Realm Regulations.
(a) BOARD OF AGRICULTURE AND FISHERIES. As to the constitution of this
Board, see Introductory Note to Part V. of this Manual.
(b) BOARD OF AGRICULTURE FOR SCOTLAND. As to the constitution of this
Board, see Introductory Note to Part VI. of this Manual.
Seed Potatoes (Immune Varieties} Order, 1917.
6. (a) This Order may be cited as the Seed Potatoes (Immune
Varieties) Order, 1917.
(6) This Order shall not apply to Ireland.
By Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
5th September, 1917.
The Schedule.
Name (of owner of potatoes)
Address
Nearest Railway Station ,
PARTICULARS OF POTATOES.
Variety.
* Acreage.
Quantity
(If lifted).
Place where potatoes are situ-
ate. (Address of farm and
name of field if growing or in
pits or address of premises
if stored.)
King George V.
Acres.
Tons. Cwts.
Great Scot.
Lochar.
Templar.
* Where the potatoes are in the ground the acreage alone should be given.
I declare that the particulars given in the Schedule regarding
the potatoes of the above-mentioned varieties in my possession are
to the best of my knowledge and belief accurate.
Signature of Owner
Copies of this form may be obtained on application (1) the
Director-General of Food Production, Food Production Depart-
ment of the Board of Agriculture and Fisheries, 72, Victoria
Street, London, S.W.I., (2) The Secretary, Board of Agricul-
ture for Scotland, 29, St. Andrew Square, Edinburgh.
Potatoes Order, 1917. 143
THE POTATOES ORDER, 1917. DATED SEPTEMBER 13, 1917, AS
AMENDED BY THE POTATOES (POSTPONEMENT OF DATE) ORDER,
1917. (a)
- 1917. No. 949 fl.v amended by Xo. 998.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations, and of all other powers enabling him
in that behalf, the Food Controller hereby orders that, except
under the authority of the Food Controller, the following regula-
tions shall be observed by all persons concerned :
PART I. DEFINITION AND RESTRICTIONS.
1. In this Order:
A " Wholesale Dealer " means a person for the time being Definitions,
authorised under this Order to sell potatoes by wholesale.
A " Retail Dealer " means a person for the time being
authorised under this Order to sell potatoes by retail.
The " Food Committee " means in respect of any area in
Great Britain the Food Control Committee established
for the area pursuant to the Food Control Committee
(Constitution) Order, 1917, (a*) and in respect of Ireland
the Food Control Committee appointed for Ireland by the
Food Controller, (b)
" Seed Potatoes " means potatoes grown in Scotland or
Ireland in the year 1917, or grown in England or Wales
in the year 1917 from seed grown in Scotland or
Ireland in the year 1916, which will pass through a
riddle having a 1 inch mesh, and will not pass through
a riddle having a 1J inch mesh.
11 Ware Potatoes " means potatoes which will not pass
through a riddle having a If inch mesh.
The expression " his own potatoes " with reference to a
grower of potatoes means the potatoes grown by such
grower.
2. Ware potatoes which are fit for human food shall not be sold Potatoes
or offered for sale or bought for any purpose except for seed or ^J f r e
for human food. human food.
3. Except where a grower is selling under the authority of Potatoes to
clause 44 of this Order no person shall on or after the be . s jd b 7
15th September, 1917, sell or buy potatoes otherwise than by ^
weight.
(a) GOVERNMENT GUARANTEE TO GROWER AND CONTROL OF POTATO
TRADE. This Order gives effect to the Government guarantee to the grower in
respect of potatoes sold on and after September 15th, 1917, by prescribing
(Art. 26) a minimum grower's price of 6 a ton. It provides also for control
of the potato trade at all stages by prescribing (Art. 28) a maximum grower's
prices of 6 10s. Od. per ton, by limiting (Art. 32) the profits of wholesalers and
fixing (Art. 36) a scale of maximum retail prices, and by requiring (Part II.) all
dealers in potatoes whether by wholesale or by retail to be registered. This con-
trol applies in general as from 8th October, 1917. A Notice by the Food
Controller appearing in the Press of September 13th, 1917, states that the
grower's maximum price will hold good until further notice, but will be adjusted
if necessary later in the season to compensate for the wastage and expense
involved in keeping back potatoes that have good lasting quality.
(b) FOOD COMMITTEES. -See the Food Control Committee (Constitution)
Order, 1917, p. 199 and Memorandum as to the Food Control Committee for
Ireland (p. 208), printed in Part III. of this Manual.
144
Potatoes Order, 1917.
Potato
dealers to be
I registered.
Dealers in
seed potatoes
to be
specifically
registered.
Retail dealer
only to sell
at registered
premises.
Minimum
price for
growers.
Maximum
prices on all
sales.
Limiting of
wholesale
transactions.
Restriction
on the sale
of certain
varieties.
4. Except a grower selling his own potatoes no person shall
after the Tth October, 1917, sell potatoes by wholesale either
on his own account or as agent on commission unless
he is entitled to and has applied for registration as a wholesale
dealer, or by retail unless he is entitled to and has applied for
registration as a retail dealer under part II of this Order, and
except a grower selling his own potatoes, no person shall after
the 31st October, 1917, sell potatoes by wholesale either on his
own account or as agent on commission unless he holds a
certificate of registration as a wholesale dealer under part II
of this Order for the time being in force or by retail unless he
holds a certificate of registration as a retail dealer under part II
of this Order for the time being in force. Provided that this
clause shall not prevent a wholesale dealer from selling direct
to consumers in quantities of not less than 1 cwt.
5. No person other than the grower thereof shall on or after
the 15th September, 1917, sell seed potatoes or sell potatoes as or
for seed unless he holds a certificate of registration as a dealer in
potatoes for seed under part II of this Order.
6. After the 31st October, 1917, a retail dealer (unless
registered as a hawker or costermonger) shall not sell potatoes by
retail except at a place in respect of which he holds a certificate of
registration as a retail dealer, but this shall not prevent a retail
dealer from selling from his cart in the ordinary course of his
business. A retail dealer registered as a hawker or costermonger
shall sell only from his cart stall or barrow and at such other
place if any as may be named in his certificate.
7. A grower of potatoes shall not on or after the 15th
September, 1917, sell or offer for sale his own potatoes (being
sound marketable ware potatoes of the 1917 crop) at a price
below the lowest or minimum price fixed by Part III. of this
Order, and no person shall on or after the same date buy or offer
to buy any such potatoes from the grower at a price below the
same price; provided that this clause shall not apply to sales
in quantities of less than 1 cwt.
8. A grower or retail dealer shall not on or after the
15th September, 1917, directly or indirectly sell or offer or expose
for sale any potatoes of the 1917 crop (other than seed potatoes)
at prices above the maximum prices authorised by Part III. of
this Order in relation to sales by growers and retailers respec-
tively, except for actual delivery before the 1st October, and
a wholesale dealer shall not sell or offer to sell any such potatoes
at such a price as to infringe the provisions of Part III. of this
Order restricting the profits of wholesale dealers.
9. No potatoes shall after the 30th September, 1917, pass
through the hands of more than two wholesale dealers between
the grower and the retail dealer, and, accordingly, all persons
concerned shall on and after the 1st October, 1917, observe the
rules in relation to wholesale dealings contained in the First
Schedule to this Order.
10. On and after the 1st October, 1917, and until further
notice from the Food Controller, no sound marketable ware
potatoes of the following varieties shall be sold or otherwise
dealt with (except by the grower for his own consumption)
Potatoes Order, 1917. 145
without the licence of the Food Controller, namely: "King
Edward," " Arran Chief," "Langworthy," "What's
Wanted," and " Golden Wonder," and every grower shall
comply with any general or special direction that may be
issued by or on behalf of the Food Controller prohibiting
the removal of sound marketable ware potatoes of any other
variety from the premises of the grower. The prohibition
contained in this clause shall not apply to potatoes grown by a
grower whose whole acreage of potatoes of all varieties in 1917
has not exceeded one acre.
PART II. REGISTRATION.
11. Every person who or whose predecessor in business was on Persons
the 1st January, 1916, and now is dealing in potatoes by whole-
sale as a regular part of his business shall be entitled, on making
application pursuant to this Order on or before the 8th October, dealers.
1917, (a) to receive a certificate of registration as a wholesale
dealer in potatoes.
12. (a) Every person who or whose predecessor in business was Persons
on the 1st January, 1916, and who now is dealing in potatoes by entitled to
retail as a regular part of his business shall be entitled, on making ^retail* 101
application pursuant to this Order on or before the 8th October, dealers.
1917, (a) to receive a certificate or certificates of registration as a
retail dealer in potatoes in refpect of the premises at which at
the date of this Order he is carrying on such business or as a
hawker or costermonger as the case may be.
(b) A retail dealer who carries on his business (including the
selling of potatoes by retail) at more than one shop or place shall
be entitled on making the proper applications to receive a
separate certificate of registration in respect of each such shop
or place. Sales in quantities of 1 cwt. and upwards direct to
consumers by a person whose business is substantially wholesale
shall not for the purposes of this clause be deemed to be sales
by retail.
(c) A hawker or costermonger shall be so described in his
certificate.
13. The Food Committee shall not refuse a certificate of regis- Grounds for
tration applied for by a person entitled to receive the same 1
under the foregoing provisions except with the consent of the regls1
Food Controller and in circumstances in which the Food Com-
mittee might have revoked the certificate if it had been already
granted. Upon the refusal of a certificate the applicant's title
(if any) shall cease.
14. Any applicant for registration whether as a wholesale or Registration
as a retail dealer may include in his application an application of dealers ic
for registration as a dealer in seed potatoes and any application
for registration may be made in respect of seed potatoes only, but
(a) FORMS OF APPLICATION FOR REGISTRATION. Forms
P.I. Form of Application for Registration as a Retail Dealer in
Potatoes ; and
P. 2. Form of Application for Registration as a Wholesale Dealer in
Potatoes
for forwarding to the Local Food Office were duly issued.
146
Potatoes Order, 1917.
Power to
grant new
certificates.
Manner of
application
for
certificate.
Application
to be
addressed to
Committees
for the
proper areas.
Registration
as wholesaler
and retailer.
Registration
of grower
as dealer.
Form of
certificate.
Revocation
of certifi-
cates.
the Food Committees shall have full discretion as to granting
or refusing every such application and any certificate of registra-
tion granted in respect of seed potatoes may so far as it relates to
seed potatoes be revoked by the Food Committee at any time at
its discretion and shall be revoked if the Food Controller so
directs.
15. The Food Committee for any area or the Food Committee
in Ireland, may in any case in which in their opinion it
is desirable so to do in the interest of the public within their
area with the consent of the Food Controller grant to any other
person a certificate of registration either as a wholesale dealer
or as a retail dealer in respect of any premises within their area
or as a costermonger or hawker and unless they see any good
reason to the contrary they shall without any such consent grant
an appropriate certificate to every applicant who has served in
the Forces of the Crown during the present war and before so
serving was carrying on business as a wholesale or retail potato
dealer within their area.
16. Every application for a certificate of registration shall be
made on a form to be prescribed by the Food Controller and
every applicant shall furnish upon such form a true statement of
the particulars required for completing the form which statement
shall be signed by the applicant or his duly authorised agent.
17. Every application in Greafc Britain shall in the case of a
wholesale dealer be made to the Food Committee for the area
in which his only or principal place of business at the date of
this Order is situated and in the case of a retail dealer (other
than a hawker or costermonger) to the Food Committee for the
area in which his premises are situated at the date of this Order
(in cases wEere the retail dealer is applying in respect of
premises situated in more than one area separate applications
being made in each area in respect of the premises situated
therein) and in the case of a hawker or costermonger to the Food
Committee for the area in which he resides at the time of such
application. In Ireland every application shall be made to the
Food Committee as that Committee may direct.
18. A person duly entitled may receive certificates of registra-
tion both as a wholesale dealer and as a retail dealer on making
due application in both capacities.
19. A grower of potatoes shall not be entitled to receive a
certificate of registration merely by reason of his having sold hie
own potatoes whether by wholesale or by retail but he shall be
qualified to receive appropriate certificates if on the 1st January,
1916, he or his predecessor was and he now is as a regular part
of his business dealing in potatoes other than those grown by him.
20. Every certificate of registration shall be in the form pre-
scribed by the Food Controller.
21. The Food Committee may with the consent of the Food
Controller revoke any certificate of registration if they are satis-
fied that any of the provisions of this Order or regulation or
direction made or given by or under the authority of the Food
Controller relating to potatoes has not been observed by the
holder of such certificate or nnv of his servants or ajrent. and
Potatoes Order, 1917. 147
shall revoke such certificate if required so to do by the Food
Controller.
22. The Food Committee shall keep a register of the persons Register of
to whom, and the premises in respect of which certificates of certificates,
registration have been granted under this Order.
23. In the event of the transfer of any business in connection Transfer of
with which a certificate of registration is held, or in the event business -
of the death of the holder of a certificate of registration, it shall
be lawful for the transferee or other person claiming under the
holder of such certificate, on making an application for a certifi-
cate of registration, to sell and deal in potatoes from the date
of such application until the decision thereon is intimated by
the Food Controller, in the same manner and subject to the same
conditions as the holder of such certificate was entitled to deal
by virtue thereof.
24. The holder of any certificate of registration, his servants Information
and agents, shall give to the Food Committee such information, and inspec-
reports and returns relating to his stocks of potatoes and dealings l
in potatoes as the Food Controller or Food Committee may from
time to time require, and shall produce all books, documents and
accounts relating thereto for inspection on lawful demand.
25. Every certificate of registration as a wholesale dealer shall Preservation
be kept by the holder at his only or principal place of business, nd P ro "
and every certificate of registration of a retail dealer shall be kept
at the premises to which the same relates, or in the case of a
hawker or costermonger shall be carried with him wherever
engaged in selling potatoes, and every certificate shall be pro-
duced by the holder on lawful demand.
PART III. PRICES.
26. The lowest or minimum price at which potatoes of the Minimum
1917 crop (being sound marketable ware potatoes) may be P rice f <> r
sold by the grower thereof on or after the 15th September, 1917, g rowers -
shall be 6 per ton, but this provision shall not apply upon a sale
of any quantities of less than 1 cwt.
27. As respects every sound crop of potatoes, the grower shall Separation
cause the ware potatoes to be dressed out so that they may be of ware
Bold separately at not less than the authorised lowest price. potatoes.
28. The highest or maximum prices at which potatoes of the Maximum
1917 crop, other than seed potatoes, may be sold by the grower prices for
thereof shall be 6 10*. per ton. Except that a grower of growers,
potatoes may sell quantities of less than 1 cwt. to consumers at
a price not exceeding Id. per Ib.
29. The foregoing minimum and maximum prices are fixed on Basis of
the basis (i) that the potatoes are either loaded by the seller into prices and
trucks at the seller's railway station, or (at the buyer's option) adjustments
into a ship or barge not less convenient to the seller than the bas^iTis
seller's railway station, (ii) that bags (if required) are supplied var i e d.
by the buyer, and (iii) that no commission is paid. If the "
potatoes are delivered otherwise than as above, a corresponding
148
Potatoes Order, 1917.
Purchaser
may supply
labour or
transport.
Special pro-
visions where
grower is
also dealer.
Limitation
on wholesale
dealer's
prices over
each week
and on com-
missions.
Beckoning
of cost to a
wholesale
dealer.
Records.
variation shall be made in the price and in particular if bag* are
supplied by the grower, the above-mentioned minimum and
maximum prices shall each be increased by a sum of 5s.,
whether the bags are returnable or not, and if any commission
is paid by the grower to a wholesale dealer not exceeding the rate
authorised by Clause 32 the minimum and maximum prices shall
each be increased by the amount of the commission.
30. Upon a sale of his own potatoes by a grower, it may be
made a condition of the sale that the buyer supplies any labour
required for lifting or otherwise handling the potatoes, or under-
taking the carriage of the potatoes from the seller's premises to
station, ship, barge or other place of delivery. Provided that
by the contract of sale a fair value is placed upon the services
so agreed to be rendered by the buyer, and in any such case the
value so agreed shall be deemed, for the purposes of this Order,
to form part of the price paid by the buyer for the potatoes.
31. The foregoing provisions in relation to sales by a grower
are subject to the special provisions contained in the First
Schedule hereto in case where the grower is also a wholesale
dealer, and such provisions shall be observed by all persons con-
cerned accordingly.
32. (a) No wholesale dealer shall, in the week ending 6th
October, 1917, or in any succeeding week sell potatoes, other
than seed potatoes, except at such prices as secure that the
aggregate of the prices charged for potatoes so sold during the
week in question does not exceed the cost to him of such potatoes
by more than an amount representing 7s. Qd. for every ton of
potatoes so sold.
(6) No wholesale dealer shall after the 30th September, 1917,
sell potatoes other than seed potatoes as agent on commission at a
commission exceeding Is. Qd. per ton.
33. The cost of potatoes to a wholesale dealer for the purpose
of the preceding clause shall be reckoned as including the follow-
ing items and no more, viz. :
(a) The price actually paid or payable or by virtue of clause
30 deemed to have been paid by him for the potatoes,
including the authorised charge for bags where the
potatoes are bought by him already bagged.
(6) A sum not exceeding 5*. per ton for bags where the
potatoes are bought by him unbagged and bags
(whether returnable or not) are supplied by him ;
(c) Any reasonable costs of transportation (including marine
insurance) or cartage borne by him in respect of
the potatoes ; and
(d) Any market charges or port dues paid or payable by him
in respect of the potatoes.
34. Every wholesale dealer shall keep accurate records con-
taining such particulars as may be necessary for showing whether
or not juc L Complying with the foregoing provisions of this Order
and shall make such returns as to his wholesale trade in potatoes
Potatoes Order, 1917. 149
as may from time to time be required by the Food Controller or by
the Food Committee for any area in which he has a place of
business. All such records and relevant documents shall be
produced by the dealer on lawful demand.
35. Where a wholesale dealer carries on business in different Branch
places the requirements of clauses 32 and 34 of this Order shall JiS^Jf^,^
be satisfied in respect of the transactions at each of his places of ditions
business separately. separately.
36. The highest or maximum prices which may be charged by Retailer to
a retail dealer on a sale of potatoes shall (except as may be other- observe
wise determined for any area by the Food Committee) vary ^.^Accord-
according to the prices actually paid for the potatoes by the retail i ng to
dealer and shall be in accordance with the scale set out in the schedule.
Second Schedule hereto, provided that this clause shall not apply
to seed potatoes or to potatoes sold as seed by a dealer authorised
to deal in seed potatoes.
37. The cost of potatoes to a retail dealer for the purpose of the Reckoning
preceding clause shall be reckoned as including the following of * eta j ler s
, j cost prices,
items and no more, viz. :
(a) The actual price paid for the potatoes by the retail dealer ;
(b) any sums actually paid or payable for the carriage of the
potatoes by the retail dealer except the carriage of the
potatoes from the place at which in the ordinary
course of business potatoes would be delivered to him.
38. A retail dealer if he is ready and willing to sell potatoes Retailer's
over the counter at prices not exceeding the maximum prices Denver
applicable under this Order may in addition to the foregoing
prices make such charges as may be agreed between him and the
purchaser, for the delivery of potatoes ordered for delivery at the
purchaser's premises, not exceeding 2d. for any quantity not
exceeding one stone with a further penny for each further half
stone or part of a half stone so delivered, such payment to cover
any charge for giving the usual credit in respect of the sale.
39. Where potatoes of which the cost to the retailer is differ- Maximum
ent are mixed for sale the scale of maximum prices for the prices where
mixture shall be the scale applicable to the potatoes the cost of Potatoes are
which is lowest.
40. Every retail dealer shall so long as he shall have any Prices to be
potatoes on sale display prominently at the shop or other place of displayed by
sale (including his cart, stall or barrow if he is a hawker or coster-
monger) a statement or statements showing the prices at which he
is selling the potatoes at such shop or place, and when he is selling
different potatoes at different prices the statement or statements
shall be in such a form or shall be so displayed as to show clearly
which are the prices for each lot.
41. Every retail dealer shall keep an account in which he shall Retail dealer
' regularly and punctually and at the earliest practicable time to kee P
enter the particulars of all his purchases of potatoes showing the records -
description of potatoes purchased, the quantity purchased, the
150
Potatoes Order, 1917.
Committee
may vary
prices or fix
a standard
maximum.
Deposit on
bags.
Sales in the
ground.
price paid or payable for the potatoes, and all sums (if any) paid
or payable for the carriage of the potatoes, and he shall in the
same account enter the prices per stone, per half stone, and per
Ib. at which he has sold the potatoes or is offering them for sale,
and he shall preserve for not less than three months all invoices,
bills, receipts, and other documents relating to his purchases of
potatoes, and he shall on lawful demand produce such account
and all such invoices, bills, receipts, and other documents for
inspection, and point out which entries in his account and which
of the invoices, bills, receipts, or other documents relate to the
potatoes which he has on sale at the time of the demand, and
give such other information as to his dealings in potatoes as the
person making such demand shall reasonably require.
42. A Food Committee may from time to time by resolution
vary the scheduled scale of maximum prices for potatoes sold by
retail within their area or any part of such area or fix a standard
maximum price for all kinds of potatoes or standard maximum
prices for sound and damaged or undersized potatoes or for
different qualities of potatoes, but
(a) every such resolution shall be reported to the Food Con-
troller within seven days, and shall not take effect (i)
in the case of a resolution reducing any scheduled
maximum price until three days after it shall have
been so reported or such later time as the Food Con-
troller may direct, and (ii) in the case of a resolution
increasing a scheduled maximum price or fixing any
standard prices until the same has been sanctioned
by the Food Controller ; and
(b) every resolution of a Food Committee under this clause
shall be subject at any time to review by the Food
Controller, and shall be withdrawn or varied as he
may direct.
43. Wherever upon any sale of potatoes the seller supplies and
is entitled to charge for bags, he may, if the bags are of such
quality and in such condition as to be reasonably capable of
being used again, require a deposit to be paid by the buyer of
not exceeding Is. 6d. for each bag, in addition to the sum charged
for the use of the bag, which deposit shall be refunded
upon the return of the bag in such condition as is reasonable
having regard to its condition when supplied and to ordinary
wear and tear in use. Where a buyer is a wholesale dealer he
may on re-sale of the potatoes require the amount, if any, of the
deposit paid in relation thereto to be re-imbursed to him by the
buyer of the potatoes, who shall in that event have the like right
as his vendor would have had to repayment of the deposit upon
a return of the bags.
44. A grower may sell his potatoes in the ground by auction or
otherwise to a wholesale dealer but in every such case the buyer
of the potatoes so sold shall be deemed for all the purposes of
this Order to be the grower thereof and the terms of this Order
Potatoes Order, 1917. 151
shall apply to any such potatoes subject to the following varia-
tions namely :
(a) the minimum price upon subsequent sales by the person
who is deemed to be the grower shall be 6 7s. 6d. per
ton in lieu of 6 per ton and
(6) on every sale of such potatoes by him he shall be deemed
to sell as a wholesale dealer and not as grower.
PART IV. SUBSIDIARY AND MISCELLANEOUS PROVISIONS.
45. Whenever potatoes which are not sound marketable ware Undersized
potatoes are sold by or on behalf of a grower at prices less than
the minimum price for sound marketable ware potatoes the be
potatoes so sold shall be expressly sold and invoiced as " under- described on
sized potatoes" or as " damaged potatoes" or as "undersized all sales.
and damaged potatoes " with the addition (if the parties think
proper) of any further particulars of the damage and any such
potatoes shall not be sold either by a wholesale dealer or by a
retail dealer except under the same description with or without
any such addition as aforesaid and any retail dealer who exposes
any such potatoes for sale shall show by a notice prominently
displayed in connection with such potatoes the description of such
potatoes as above.
46. No potatoes which are not sound marketable ware potatoes No other
shall be mixed by any grower or wholesale or retail dealer with potatoes to
any potatoes which are sound marketable ware potatoes. d ,
marketable
ware
potatoes.
47. Nothing contained in this Order or either of the Schedules Accommoda-
te this Order shall prevent accommodation sales from one retail tion sales,
dealer to another retail dealer but the purchasing dealer shall not
sell potatoes so purchased by him at prices higher than those at
which the selling dealer might have sold them and the purchasing
dealer shall upon every such accommodation sale take from the
selling dealer a note of the transaction showing the scale of
highest prices at which the selling dealer might have sold.
48. A grower of potatoes shall not knowingly deliver to the Minimum
purchaser thereof in connection with any sale of potatoes or to prices not to
any other person for the use or benefit of the purchaser or by his be eva( *ed.
directions, a greater quantity of potatoes than the quantity paid
or agreed to be paid for by the purchaser or agree to give more
than the usual credit or make or agree to make any remission or
rebate, or return of purchase money or pay or offer to pay any
commission or make or offer to make any gift in money or in
kind unless, after deduction of the amount or value of the rebate
commission or gift, the purchase price paid upon such sale
amounts to or exceeds the appropriate minimum price according
to the foregoing provisions ; and no person shall propose to a
grower of potatoes or invite him to do any act or thing which
would constitute an infringement of this Clause.
49. No person shall, in connection with the sale or disposal Fictitious
or proposed sale or disposal of any potatoes, enter or offer to transactions,
enter into any fictitious or artificial transaction, or make or
demand any unreasonable charge.
152
Potatoes Order, 1917.
Meaning of
" lawful de-
mand."
Penalties.
Saving of
existing con-
tracts for the
sale of early
potatoes.
Cooked
or dried
potatoes.
Saving and
revocation.
Short Title.
50. Whenever in this Order or any Schedule hereto any person
is required to produce any documents or class of documents, or
give any information on lawful demand, he shall produce or
give the same at all reasonable times and places on demand of
any officer or constable of police, or any person authorised by the
Food Controller or Food Committee to make such demand either
particularly or as holding any office or position, and either gene-
rally or in the particular case.
51. Infringements of this Order are summary offences against
the Defence of the Realm Regulations.
52. Nothing contained in this Order shall prejudice or affect
any contract entered into before the date of this Order for the
sale of potatoes not being potatoes of the 1917 main crop
varieties.
.53. This Order shall not apply to cooked, dried or evaporated
potatoes.
54. (a) This Order is without prejudice to the Seed Potatoes
(Immune Varieties) Order, 1917. (a)
(6) The Potatoes 1916 Main Crop (Prices) Order (No. 2),
1917,(b) and the 1917 Crop (Restriction) Order, 1917,(c) so far as
not already revoked are hereby revoked without prejudice to any
proceedings in respect of any contravention thereof.
55. This Order may be cited as the Potatoes Order, 1917.
13th September, 1917.
Rhondda,
Food Controller.
First Schedule.
Definitions.
No sale to a
third whole-
sale dealer.
Rules for restricting wholesale dealings and adjusting the terms
of the Order to the case of wholesale dealers who -are also
growers or retail dealers.
1. In this Schedule:
" Grower-dealer " means a grower of potatoes who is also a
wholesale dealer.
' Wholesale and Retail Dealer " means a person who is a
wholesale dealer and also a retail dealer.
2. A wholesale dealer shall not re-sell to or through the agency
of another wholesale dealer (whether or not such other dealer is
also a retail dealer) any potatoes which he has himself bought
or agreed to buy from a wholesale dealer or from a grower-dealer
selling either as a wholesale dealer or through a wholesale dealer
on commission.
(a) SEED POTATOES (IMMUNE VARIETIES) ORDER, 1917. That Order is
printed p. 141.
(b) POTATOES 1916 MAIN CROP (PRICES) ORDER (No. 2) 1917. That Order
is printed at p. 74 of the 1 st Edition of this Manual.
(c) 1917 CROP (RESTRICTION) ORDER, 1917. That Order was revoked
except as to Potatoes by Art. 15 of Grain (Prices) Order 1917, p. 52.
Potatoes Order, 1917.
153
3. Every wholesale dealer shall keep the potatoes which he is
at liberty to re-sell to a wholesale dealer separate from those which
be is not at liberty so to re-sell, and shall keep separate accounts
in relation to the two classes of potatoes, and shall cause his
accounts to be kept in such a form as to show clearly from which
class the potatoes delivered upon each sale made by him have
been taken.
Dealers to
keep separate
the potatoes
which they
may not re-
sell to whole-
sale dealers.
4. A wholesale and retail dealer may as respects any potatoes Wholesale
bought by him treat the purchase (and enter the same in his and re , tail
books) as made by him for the account of his retail trade, or ^ c e ^ a g eg
transfer any part of a purchase at cost price to the account of f or re t a n
his retail trade. In every such case the potatoes so dealt with account.
shall be disregarded in applying the provisions of clause 32 of
this Order, and the transaction shall be dealt with in the account
relating to the dealer's retail trade as if he had not been also a
wholesale dealer.
Wholesale
and retail
dealer may
sell from
wholesale
to retail
department.
5. A wholesale and retail dealer may also and in the alterna-
tive treat any potatoes as sold by his wholesale business or
department to his retail business or department at any prico
and on any terms which would have been permissible under this
Order as between him and a retail dealer buying such potatoes
from him and in that case :
(a) In the application of clauses 32 and 34 of this Order the
potatoes shall be treated as having been sold by the
dealer at that price and on those terms in the course of
his wholesale business ; and
(b) in determining the maximum prices that may be charged
for the potatoes on the sale thereof by retail such
potatoes shall be treated as having been purchased
by the dealer at that price and on those terms in the
course of his retail business.
6. A grower-dealer may sell his own potatoes either as a grower Grower-
or as a wholesale dealer, but he shall be deemed to sell as whole- dealer mi -
sale dealer unless he expressly sells as the grower. ^ asTdeTler 6 *
7. Where a grower-dealer sells his own potatoes as grower the Sales as
ale shall be subject to the provisions applicable under this Order grower.
to a sale by a grower.
8. Where a grower-dealer sells his own potatoes as a whole- Sales by a
sale dealer the sale shall be subject as respects price and condi- g rower -
tions of sale to the provisions applicable under this Order to a
sale by a grower except that the maximum price shall be
increased by the sum of Is. 6d. per ton and by any reasonable
oosts of transportation (including marine insurance) or cartage,
and the amount of the market charges and port dues (if any)
incurred by the vendor in relation to the potatoes sold over and
above the charges which would have been included in the
maximum prices applicable if. the sale had been made by him as
grower.
dealer.
154
Potatoes Order, 1917.
Grower-
dealer to
keep separate
accounts of
dealings in
his own
potatoes.
Onus of
proof in the
case of
large sales.
9. Sales of h^s own potatoes mtide by a grower-dealer as a
wholesale dealer shall in his account be kept separate from any
other sales made by him, and shall not be taken into account for
the purpose of clause 32 of this Order.
10. For the purpose of this Schedule every sale of potatoes in
excess of one ton to a single purchaser not being a public institu-
tion or body or otherwise known to be a large consumer shall be
deemed to be a sale to a wholesale dealer unless it is proved that
in fact
(a) the purchaser is not a wholesale dealer; and
(b) the purchaser is either a retail dealer or purchases the
potatoes for his own consumption.
Second Schedule.
SCALE OF MAXIMUM KETAIL PRICES.
Highest authorised retail selling price
over the counter.
Rate per
5
Retailer's buying price per cwt. for potatoes
delivered at the place at which he ordinarily
Bate per
stone of
half stone of
7 Ibs. for
Rate per
takes delivery
14 Ibs. for
potatoes sold
potatoes sold
in lots of
Ib. for
lots of
in lots of
7 Ibs. or
less than
14 Ibs. or
upwards,
i stone.
upwards.
but less than
14 Ibs.
s. d.
d.
d.
Any price up to and including 3s. 3d.
7
3
h
Exceeding 3s. 3d. but not exceeding 3s. Id.
7*
4 ^l
3s. Id.
3s. lid.
8
3s. lid.
4s. 2d.
8i
44 L
:j
4s. 2d.
4s. &d.
9
1
4
4s. 6d.
4s. 9d.
9i
1
4*. 9rf.
5s. Id.
10
J
5s. Id.
5s. 4d.
10*
Kl -\
5s. 4rf.
5s. Sd.
11
<-$
5s. Sd.
5s. lid.
114
5s. lid.
6s. 3d.
1
,
1.
6s. 3d.
6s. Id.
04
fil
X
6s. Id.
6s. lid.
1
oz
6s. lid.
7s. 2d.
ul
7
7s. 2d.
7s. 6d. 2 f
i
7s. &d.
7s. Wd. \ 24
71 "\
7s. Wd.
8s. Id. 3
]
8s. Id.
8s. M.
34
8 L
8s. 5d.
8s. Sd. \ 4
f
8s. Sd.
9s. Qd. 4i
84 J
9s Qd
5
03 )
NOTE. The grower's minimum price for sound marketable ware potatoes
being 6 per ton the maximum retail prices below Is. per stone will apply only
to damaged or undersized potatoes.
Potatoes Order, 1917.
The Local Government Board by arrangement with the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917, (a) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column" 1, and the whole Order, except so far as it
relates to wholesale dealers and wholesale dealings, were men-
tioned in Column 2 of the Schedule to the Local Authorities
(Food CoLtrol) Order CSo. 1), 1917.
Dated this 17th day of September, 1917.
F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Government
Board under the authority of their General
Order dated the 26th day of May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917, (c) shall apply to the above Order as if
that Order were mentioned in Column 1, and the whole Order,
except so far as it relates to whplesale dealers and wholesale
dealings, were mentioned in Column 2 of the Schedule to the
Local Authorities (Food Control) (Scotland) Order, 1917.
By Order of the Food Controller.
W. H. Beveridge,
Second Secretary to the Ministry of Food.
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1) 1917. The effect
of that Order (printed p. 187), coupled with the Food Controller's Order of the
same date (p. 192), is to empower Local Authorities in England and Wales to
enforce the present Order, and to prosecute before courts of summary jurisdic-
tion for breaches of the same.
(b) GENERAL ORDER OP MAY 26, 1877. That Order which authorised the
Secretaries and Assistant 8ecretaries of the Local Government Board to execute
certain instruments is printed St. R. & 0., Revised (1904), Vol. VII, "Local
Government Board, E," p. 1.
(c) LOCAL AUTHORITIES (Fooo CONTROL) (SCOTLAND) ORDER, 1917.
The effect of that Order (printed p. 194) is to empower Local Authorities in
Scotland to enforce the present Order.
156 Potato Bags (Returns) Order, 1917.
THE POTATO BAGS (RETURNS) ORDER, 1917. DATED OCTOBER 13,
1917.
1917. jSTo. 1051.
In exercise of tlie powers conferred upon him by the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller hereby orders as follows : -
1. Every person owning potato bags (whether manufactured
by himself or not) other than bags which will not hold more than
half a cwt. of potatoes, shall on or before the 29th October, 1917,
furnish to the Food Controller a return giving particulars of such
bags owned by him at the close of business on the 22nd October,
1917, and such other particulars as may be required to complete
the prescribed form of return.
2. The return shall be made on the form prescribed by the
Food Controller to be obtained from and when completed to be
returned to the Secretary, The Ministry of Food, 14, Upper
Grosvenor Street, W.I. A copy of the form of return is set out
at the foot of this Order. (a)
3. A person who does not own more than one thousand potato
bags at the close of business on the 15th October, 1917, shall not
be required to make any return under this Order.
4. For the purpose of this Order the expression " potato bags "
shall include any bags or sacks which are used or intended to be
used for holding potatoes, or which in the ordinary course of
business would be so used.
5. Failure to make a return in accordance with this Order or
the making of a false or incomplete return is a summary offence
against the Defence of the Realm Regulations.
6. This Order may be cited as the Potato Bags (Returns) Order,
1917.
By Order of the Food Controller.
W. H. Beveridge.
Second Secretary to the Ministry of Food.
13th October, 1917.
(a) DISCLOSURE OP INFORMATION. No individual return or part of a return,
and no information as to any person or his business obtained from a return,
may without lawful authority be published or disclosed except for the purposes
of prosecution.
Potato Bags (Returns} Order, 1917. 157
FORM or RETURN.
Defence of the Realm.
Ministry of Food.
POTATO BAGS (RETURNS) ORDER, 1917.
Return of Potato Bags.
1 . Name of Firm
2. Full address of Firm
3. Nature of Business
4. Number of bags owned by firm on 22nd October, 1917.
(a) Returnable bags in stock.
(i) New
(ii) Used
(b) Returnable bags in use by customers or otherwise.
(i) New
(ii) Used
(c) Non-returnable bags
I hereby declare that all the particulars of this return are truly
stated to the best of my knowledge and belief.
*Signature
Position in Firm
Date
NOTE. When a firm has two or more separate establishments,
the figures for each establishment must be appended on a separate
sheet, but the figures given on the printed form must cover all the
bags owned by the firm.
* In the case of a firm, the declaration must be signed by a partner or other
duly authorised representative of the firm.
158
Public Meals Order,
13. Public Meals.
Public Meals Order,/?. 158.
General Licence thereunder as to Meals after 9.30 p.m.,
p. 161.
Public
Eating
Places.
Rationing
by Bulk.
THE PUBLIC MEALS ORDER, 19.17. DATED APRIL 4, 1917, AS
AMENDED BY .1 HE PUBLIC MEALS ORDERS (Xos. ^ AND -\ .
1917, No. 314 as amended by Nos. 445 and 664.
In exercise of the powers conferred upon him by Regulation 2v
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Food Controller the
following regulations as to food stuffs shall be observed in every
inn, hotel, restaurant, refreshment house, club, boarding house
and every place of refreshment open to the general public, (herein-
after referred to as a public eating place), and by every person
having the management or control thereof.
2. (Tliis Article which restricted the serving potatoes in public
eating places ivas repealed by the Public Meals Order (No. 3),
1917, and potatoes may now be supplied on any clay in the ireek.)
3. The total quantities of meat, flour, bread and sugar used in
or by any public eating place in any week shall not exceed the
gross quantities ascertained in accordance with the following
scale of average quantities per meal.
Scale.
Meat.
Sugar.
Bread.
Flour.
Breakfast
Luncheon (including middle
day dinner).
Dinner (including supper and
meat tea).
Tea
2 ozs.
5 ozs.
5 ozs.
Nil.
2/7 oz.
2/7 oz.
2/7 oz.
2/7 oz.
2 ozs.
2 ozs.
2 ozs.
2 ozs.
Nil.
1 oz.
1 oz.
Nil.
(a) ENFORCEMENT OF ORDER AND PROSECUTIONS BY LOCAL AUTHORITIES.
This Order is enforceable by Local Authorities in England, Wales and Scotland
(see "The Local Authorities (Food Control) Order (No. 1), 1917," p. 187, and
" The Local Authorities (Food Control) (Scotland) Order, 1917," p. 194),
and breaches thereof may be prosecuted by Local Authorities in England and
Wales (see Food Controller's Order of May 8th, 1917, p. 192).
Public Meals Order, 1917. 159
i. The following provisions shall have effect as to weight: Ascertaining
(a) 2 ozs. of poultry and game to be reckoned as 1 oz. of
meat.
(6) The weight of meat to be the uncooked weight including
bone as usually delivered by the butcher, and the
weight of poultry and game to be the uncooked weight
as usually delivered by the poulterer without feathers
or without skin, as the case may be, but including
(c) 25 per cent, to be added to the weight of meat delivered
cooked into the public eating place and 50 per cent,
when delivered cooked and without bone.
Sugar, Bread and Flour.
(d) 4 ozs. of bread to be reckoned as 3 ozs. of flour.
(e) Where the flour or sugar used in any articles is not other-
wise brought into account, cakes to be reckoned as con-
taining 30 per cent, of flour by weight, buns as 50 per
cent., scones 70 per cent., biscuits 60 per cent., and
macaroni and other like articles as 80 per cent. Cakes
and biscuits to be reckoned as containing 15 per cent,
of sugar by weight, and buns as containing 10 per
cent.
5. In reckoning the quantities of meat, sugar, bread and flour Exclusion of
for meals served, no account shall be taken of any meal which certain
begins before 5 a.m. or after 9.30 p.m.(a) cTmputZn.
6. None of the foregoing provisions of this Order shall apply Railway
to food served over the counter of a buffet at a railway station. Buffets.
7. This Order shall not apply to :- Exceptions
(a) any boarding house where the number of bedrooms let
and available for letting does not exceed 10; or
(6) any public eating place where no meal is served the
total charge for which (exclusive of usual charges
for beverages) exceeds Is. 3d. and where there is
exhibited on every tariff card and also in a conspicuous
position in every room where meals are usually served
a notice to the effect that no such meal will be served.
8. The person or persons having the management of any public Vouchers
eating- place shall for the purposes of this Order keep a register and Records,
in the form prescribed by the Food Controller and shall also keep
invoices, vouchers and such other documents relating to food-
stuffs purchased and used, meals served and other matters as
the Food Controller may from time to time prescribe.
(a) MEALS TAKEN AFTER 9.30 P.M. As to such meals see General Licence
of October 8th, 1917, p. 161.
160
Public Meals Order, 1917.
Definitions, 9. For the purposes of this Order:
The expression "meat" includes butcher's meat, sausages,
ham, pork, bacon, venison, and preserved and potted
meats and other meats of all kinds but does not include
suet, lard, or dripping.
The expression "poultry and game" includes rabbits and
hares, and any kind of bird killed for food.
The expression " flour " shall mean any flour for the time
being authorised to be used in the manufacture of
wheaten bread and any barley flour, barley meal or
maize flour.
The expression "week" shall mean a calendar week ending
on a Saturday midnight.
Revocation, 10. The Regulation of Meals Order, 1916, is hereby revoked as
on the date when this Order comes into force.
Penalty, 11. If any person acts in contravention of this Order or aids
or abets any other person, in doing anything in contravention of
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulations unless he proves
that the contravention took place ivithout his knowledge or
consent, (a)
Title and 12. (a) This Order may be cited as the Public Meals Order,
commence- 1917
ment of
Order. (6) This Order shall come into force on the 15th April, 1917.
Devonport,
Food Controller.
(a) LIABILITY OP DIRECTORS, &c., OP COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual), which was added to the Code since this Order
was made, provides that directors and officers shall be liable for offences by
their corporation or company.
Public Meals Order, 1917.
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3167
General Isicence as to Meals after 9.30 p.m. under Public Meals
Order, 1917.
THE CAKE AND PASTRY ORDER, 1917. DATED APRIL 18, 1917.
[Art. 8 of this Order, printed p. 40, provides for the rationing*
of tea shops falling 1 within the exception of Art. 7 (b) of the
Public Meals Order, 1917 (printed p. 159) as eating places where
the maximum charge is Is. 3d.]
GENERAL LICENCE, .DATED OCTOBER 8, 1917, UNDER THE PUBLIC
MEALS ORDER, 1917. (a)
1917. No. 1030.
In the case of Inns, Hotels and Boarding Houses the Food
Controller hereby authorises the following variation in the
manner of ascertaining the gross quantities of meat, flour, bread
and sugar which may be used therein in any week, namely :-
A meal taken at any Inn, Hotel or Boarding House and
beginning after 9.30 p.m. on any day may be allowed for accord-
ing to the scale set out in Clause 3 of the Public Meals Order.
1917, (a) if such meal is served to a person who is passing the
night in the Inn, Hotel, or Boarding House : Provided that for the
purpose of this authority the hours between midnight and 2 a.m.
shall be deemed to form part of the preceding day; Provided
further that the Food Controller may at any time revoke this
authority either generally or in any particular case or class of
cases.
By. Order of the Food Controller.
U. F. Wintour,
Secretary to the Ministry of Food.
8th October, 1917.
(a) PUBLIC MEALS ORDER, 1917. That Order is printed p. 158.
Sugar (Confectionery) Order, 1917. 163
14. Sug*ar.(a)(b)
Brewers Sugar Order, p. 164.
Dealings in Sugar (Restrictions) Order,/?. 166.
Sugar Order, p. 172.
List of Forms, Directions, &c., thereunder, /;. 179.
Sugar (Confectionery) Order,/?. 163.
Sugar (Domestic Preserving) Order, p. 168.
Sugar (Registration of Retailers) Order,/?. 170.
Sugar (Restriction) Order as amended,/?. 167.
Sugar (Sales for Ireland Returns) Order, /?. 180.
THE SUGAR (CONFECTIONERY) ORDER, 1917. DATED JANUARY 11,
1917.
1917. No. 65.
In exercise of the powers conferred upon him by Regulation 2r
of the Defence of the Realm (Consolidation) Regulations, 1914,
and of all other powers enabling him in that behalf, the Food
Controller hereby orders as follows:
1. (a) Except under the authority of the Food Controller no Retail price
person shall after the 1st day of February, 1917, manufacture of Chocolates
or supply or offer to supply from goods manufactured by him any and Sweet-
chocolate for sale by retail in the United Kingdom at a price meats -
exceeding the rate of 3d. per oz., or any other sweetmeats for
sale by retail in the United Kingdom at a price exceeding the
rate of 2d. per oz., and no person shall after the 1st day of May,
1917, sell or buy or offer to sell or buy by retail any chocolate or
other sweetmeats at a price exceeding the rate specified above
in each case.
(6) The price specified in the foregoing paragraph shall in
each case include the price of any box, package, or covering in
which the goods are sold by retail. (c)
2. Except under the authority of the Food Controller, no person Use of sugar
shall after the first day of February, 1917, use any sugar (whether and chocolate
icing sugar or not) or chocolate for the external covering of any
cake, pastry, or any other like article, or after the 1st day of
March, 1917, sell or buy or offer to sell or buy any cake, pastry,
or other like article which had been covered with sugar or
chocolate, (c)
(a) EXPORT AND IMPORT OF SUGAR. An epitome of the restrictions on the
export and import of sugar will be found in Appendix YI (7- Exportation ;
12. Importation).
(b) USE OF SUGAR FOR MANUFACTURE OF SPIRITS. Regulation 30o of the
Defence of the Realm Regulations, printed in Part VIII. of this Manual,
prohibits the use of Sugar or molasses in the Manufacture of Whiskey, &c.,
without a permit from the Minister of Munitions. Further restrictions on
the use of Sugar are imposed by the Food Controller's Orders, printed in this
Section.
(c) ENFORCEMENT OF CLAUSES 1 AND 2, AND PROSECUTIONS BY LOCAL
AUTHORITIES. Clauses 1 and 2 of this Order are enforceable by Local Autho-
rities in England, Wales and Scotland (see " The Local Authorities (Food
Control) Order (No. 1) 1917," p. 187, and "The Local Authorities (Food Control)
(Scotland) Order, 1917," p. 194), and breaches thereof may be prosecuted by
Local Authorities in England and Wales (see Food Controller's Order of May
8th, 1917, p. 192).
3167 F 2
Brewers Sugar Order, 1917.
( a )3. (a) Except under the autliority of the, Food Controller no
person shall in any of the prescribed periods use in the manufac-
ture of sugar confectionery or chocolate more than 50 per cent,
of such an amount of sugar as bears the same proportion to the
total amount of sugar used by him for the same purpose in the
year 1915 as the length of the same prescribed period bears to a
whole year.
(b) The prescribed periods shall be the several periods of 3, 6,
9 and 12 months, commencing in each case on the first day of
January, 1917.
4. Any person acting in contravention of this Order is guilty
of a summary offence against the Defence of the Realm Regu-
lations.
5. This Order may be cited as the Sugar (Confectionery) Order.
1917.
Devonport,
Food Controller.
ilth January, 1917.
THE BREWERS SUGAR ORDER, 1917. DATED FEBRUARY 8, 1917. (b)
1917. No. 90.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. (a) Except under the authority of the Food Controller all
brewers sugar in a ship arrived or to arrive, or on quay shall
be delivered into a warehouse, and no brewers sugar shall be
delivered from any warehouse.
(6) This article shall not apply to
(i) British West India Grocery Crystallised Sugar or
British West India Muscovado Sugar or British
West India Grocery Syrup Sugar ;
(a) FURTHER RESTRICTIONS ON USE OF SUGAR. The Sugar (Restriction)
Order, 1917 (p. 167), repeals Art. 3 of the Sugar (Confectionery) Order ;iud
restricts the use of sugar for manufacturing purposes except as regards jam,
marmalade, or condensed milk.
(b) RETURNS AS TO BREWERS SUGAR. The Brewers Sugar Order was
accompanied by another Order of the same date " The Brewers Sugar
(Returns) Order, 1917" (1917, No. 91) requiring Returns to be made by
owners by Feb. 22nd, 1917. That Order is omitted from this Manual as- ,
" spent."
Brewers Sugar Order, 1917. 16
(ii) any brewers sugar which has been or shall be sold
to any brewer or to any manufacturer of
brewers sugar to be used for the purpose of
their respective trades ;
(iii) any brewers sugar which has been or shall be
imported under any licence issued by the Royal
Commission on the Sugar Supply(a) the terms
whereof provide thac such sugar shall be sold
only to brewers or brewers sugar manufacturers.
2. Except under the authority of the Food Controller no Sale of
brewers sugar shall be sold by retail at a price exceeding the Brewers
current retail price for granulated sugar. (b) reta" *
3. For the purpose of this Order the expression "brewers Interpreta-
sugar " shall mean sugar which wheii tested by the potariscope ti n -
indicates a polarisation not exceeding 89 degrees.
4. Any person acting in contravention of this Order is guilty Penalty,
of a summary offence against the Defence of the Realm
Regulations.
5. This Order may be cited as the Brewers Sugar Order, 1917. Jit le of
Order.
Devonport,
Food Controller.
February 8, 1917.
(a) SUGAR SUPPLY COMMISSION. The names of the present (Oct. 21, 1917)
Commissioners are as follows : Captain Sir Charles Bathurst, K.B.E., M.P.
(chairman) ; The Rt. Hon. Sir Henry Primrose, K.C.B., C.S.I., I.S.O.; Sir.
Robert Park Lyle, Bart. ; Mr. H. Fountain, C.B., C.M.G.; Mr. Austin Taylor ;
Mr. George E. May ; and Sir Joseph White Todd, Bart. The Secretary is Mr.
C. S. Rewcastle. (See 93 H. C. Deb. 5s. May 1, 1917, col. 299 ; since which
there have been changes in the Commission, the personnel of which is now as
specified in this note). The address of the Royal Commission on Sugar Supply
is " Scotland House, Victoria Embankment, S.W.I."
(b) ENFORCEMENT OP CLAUSE 2 AND PROSECUTIONS BY LOCAL AUTHORI-
TIES. Clause 2 of this Order is enforceable by Local Authorities in England,
Wales and Scotland (see " The Local Authorities (Food Control) Order (No. 1),
1917," p. 187, and " The Local Authorities (Food Control) (Scotland) Order,
1917," p. 194), and breaches thereof may be prosecuted by Local Authorities in
England and Wales (see Food Controller's Order of May 8th, 1917, p. 192).
F 3
Dealings in Sugar (Restriction) Order, 1917.
THE DEALINGS IN SUGAR (RESTRICTION) ORDER, 1917. DATED
FEBRUARY 8, 1917.
1917. No. 131.
In exercise of Ilie powers conferred upon him by Regula-
tion 2r of the Defence of the Realm Regulations, and of all
other powers enabling him in that behalf, the Food Controller
hereby orders as follows :
1. No person shall on or after the 15th February, 1917, without
a permit issued under the authority of the Royal Commission OD
the Sugar Supply, (a) either on his own behalf or on behalf of any
other person
(a) buy, sell, or deal in, or
(6) offer or invite an oiler, or propose to buy, sell, or deal
in, or
(c) enter into negotiations for the sale or purchase of or
other dealing in,
any sugar outside the United Kingdom, whether or not the sale,
purchase or dealing is or is to be effected in the United Kingdom.
If any person acts in contravention of this Order, or aids or
abets any other person, whether or not such other person is in
the United Kingdom, in doing anything which if done in the
United Kingdom would be a contravention of this Order, that
person is guilty of a summary offence against the Defence of the
Realm Regulations, and if such person is a company, every
director and officer of the company is also guilty of a summary
offence against those regulations, unless he proves that the
contravention took place without his knowledge or consent.^)
2. This Order shall not be construed as prohibiting the
insurance of sugar.
3. This Order may be cited as the Dealings in Sugar (Restric-
tion) Order, 1917.
Devonport,
Food Controller.
February 8th, 1917.
THE BREAD OSDER 1917. DATED FEBRUARY 26, 1917.
[Art. 4 of this Order, printed p. 35, prohibits the use of sugar
in the making of bread.]
(a) SUGAR SUPPLY COMMISSION. See footnote (a), p. 165.
(b) LIABILITY OF DIRECTORS, &c., OF COMPANY. Reg. 48A of the Defence
of the Realm Regulations (printed in Part IX, 4 " Miscellaneous Provisions as
to Offences," of this Manual), which was added to the Code since this Order
was made, provides that directors and officers shall be liable for offences by their
corporation or company.
Sugar (Restriction) Order, 1917, as amended.
167
THE SUGAR (RESTRICTION) ORDER, 1917, DATED MARCH 16, 1917,
AS AMENDED BY THE SUGAR (RESTRICTION) ORDERS NOS. 2
AND 3, 1917.
1917. No. 252 as amended by Nos. 281 and 458.
In exercise of the powers conferred upon him by Regulation 2F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Except under the authority of the Eood Coiitroller(a) no Restriction
person shall during any of the periods hereinafter referred to use ? n 8U Si* r *
in the manufacture of articles manufactured by him for sale more ma nufactur-
sugar than the amount prescribed for such period. ing purposes.
2. The prescribed amount shall be ascertained by reference to Prescribed
the total amount of sugar used in the year 1915 for manufacturing amount -
purposes by the person in question or, in the case where there
has been a transfer of a continuing business in or since the year
1915, by such person and his predecessors in that business.
The prescribed amount for each period shall be the percentage
of such total amount shown for that period in the following
table :
Percentage of total sugar used
in 1915.(a)
Period for which such percentage is
applicable.
6i per cent.
12i
18f
25
1st June, 1917, to 31st August, 1917.
1st June, 191"., to 30th November, 1917.
1st June, 1917, to 28th February, 1918.
1st June, 1917, to 31st May, 1918.
(a) SUPPLIES OF SUGAR TO MINERAL WATER MANUFACTURERS. A General
Licence dated August 27, 1917 (not printed in separate form), provides as
follows :
" In exercise of the powers vested in him under the Defence of the Realm
Regulations and of all other powers enabling him in that behalf the Food
Controller hereby authorises every Mineral Water Manufacturer to use in
the manufacture of Mineral Waters during the period 1st June 1917 to
31st August 1917 12 per cent, of the total quantity of sugar so used by
him in 1915 and during the period 1st June 'llU7 to 30th November 1917
18f per cent, of the total quatity of sugar so used in 1915 provided that the
total quantity of sugar used by him for that purpose shall not exceed
during the period 1st June 1917 to 21st May 1918 25 per cent, of the
total quantity so used in 1915."
The effect of this Licence is that many, if not all. Mineral Water Manufac-
turers who are entitled to use, during the period 1st June 1917 to 31st May
1918 25 per cent, of the quantity used in 1915, will have arranged to draw in
advance during the period 1st June to 4th November 1917 a portion of the
deliveries to which they would otherwise have been entitled for the period 4th
November 1917 to the 31st May 1918. A Food Control Committee, when
considering an application from a Mineral Water Manufacturer, should
ascertain exactly what excess supply the applicant has arranged to draw up to
November 4th since the 1st June last, and should deduct this quantity from the
allotment of sugar to be made to him. (M. G. Sugar 7a.)
3167
F 4
Sugar. (Domestic Preserving) Order, 1917.
3. This Order shall not apply to the use of sugar in the
manufacture of jam, marmalade or condensed milk.
4. If any person acts in contravention of this Order or aids or
abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against
the Defence of the Realm Regulations, and if such person is a
company every director and officer of the company is also guilty
of a summary offence against those regulations unless he proves
that the contravention took place without Ids knowledge or
consent. (&)
5. Article 3 of the Sugar (Confectionery) Order, 1917, (to) is
hereby revoked.
6. This Order may be cited as the Sugar (Restriction) Order,
1917.
Devonport.
Food Controller.
16th March, 1917.
THE PUBLIC MEALS ORDBR, 1917. DATED APRIL 4, 1917.
pThis Order, printed p. 158, restricts the quantity of sugar to
be used in any public eating- place.]
THE CAKE AND PASTRY ORDER, 1917. DATED APRIL 18, 1917.
[Art. 3 of this Order, printed p. 39, restricts the percentage
of sugar in cakes, buns, scones and biscuits; and Art. 2 prohibits
the adding of edible substances to cakes, &c., after baking.]
THE SUGAR (DOMESTIC PRESERVING) ORDER, 1917. DATED
JUNE 11, 1917.
1917. No. 537.
In exercise of the powers conferred upon him by Regulation F
of the Defence of the Realm Regulations, and of all other powers
enabling him in that behalf, the Food Controller hereby orders
as follows :
1. Where any person receives any sugar issued by the Royal
Commission on the Sugar Supply (hereinafter called the Sugar
Commission) (c) for the purpose of the domestic preserving of fruit
(a) LIABILITY OF DIRECTORS, &c., OF COMPANY. See footnote (b) to
Dealings in Sugar (Restriction) Order, 1917, P. 16rt.
(b) SUGAR (CONFECTIONERY) ORDER, 1917. That Order is printed p. 163.
(c) SUGAR SUPPLY COMMISSION. See footnote (a) to Brewers' Sugar Order,
1917, p. 165.
Sugar (Domestic Preserving) Order, 1917.
or for the purpose of the domestic preserving of fruit grown by
the preserver, such person shall not dispose of or deal with such
sugar so as to divert the same to any other purpose, or use the
sugar except for the purpose for which such sugar was issued.
2. On any sale of any such sugar the vendor shall on the invoice
or package clearly state that the sugar may be used only for the
domestic preserving of fruit or for the domestic preserving of
fruit grown by the preserver, as the case may be.
3. Where the invoice relating to any sugar or the package
containing the same bears a statement to the effect that the sugar
in question may be used only for the domestic preserving of fruit
or for the domestic preserving of fruit grown by the preserver,
the sugar shall be deemed to have been issued by the Sugar Com-
mission for the purpose stated.
4. (a) No grocer or retailer shall sell or dispose of any sugar
issued by the Sugar Commission for the purpose of domestic
preserving of fruit grown by the preserver except to such persons
as have lodged with him formal applications for such sugar in
manner required by the Sugar Commission.
(b) No grocer or retailer shall sell or dispose of any sugar
issued by the Sugar Commission for the domestic preserving of
fruit except to such persons as the grocer or other retailer reason-
ably believes to require the same for such purpose.
(c) In the case of all the sugar mentioned in this clause the
grocer or other retailer shall comply with such directions as the
Sugar Commission may give from time to time.
5. No person shall acquire or attempt to acquire any such sugar
except for the purposes for which the same was issued or make
any false statement on any application or declaration to be made
in connection with such sugar.
6. Every person dealing with any sugar to which this Order Records,
applies shall keep records of the persons to whom any such sugar
was supplied and the quantities supplied and the dates of such
supply and such records shall at all times be open to the inspec-
tion of any person authorised by the Food Controller or the local
authority or of any Inspector of Weights and Measures or
Deputy Inspector of Weights and Measures. (a)
7. If any person acts in contravention of this Order or aids Penalty,
or abets any other person in doing anything in contravention of
this Order, that person is guilty of a summary offence against th<>
Defence of the Realm Regulations, and if such person is a com-
pany every director and officer of the company is also guilty
of a summary offence against those regulations unless he prove*
that the contravention took place without his knowledge or
consent, (b)
8. This Order may be cited as the Sugar (Domestic Preserving-) Title
Order, 1917.
Devonport,
llth June, 1917. Food Controller.
(a) INSPECTORS 01- WEIGHTS AND MEASURES. See footnote (a) to Bread
Order, 1917, p. 36.
(to) LIABILITY OF DIRECTORS, &c., OF COMPANY. See footnote (b) to
Dealings in Sugar (Restriction) Order, 1917, p. 1>6.
170
Sugar (Registration of Retailers) Order, 1917.
The Local Government Board by arrangement with .the Food
Controller hereby determine that the provisions of the Local
Authorities (Food Control) Order (No. 1), 1917,(a) shall apply to
the above Order of the Food Controller as if that Order were
mentioned in Column 1 and the whole of that Order were
mentioned in Column 2 of the Schedule to the Local Authorities
(Food Control) Order (No. 1), 1917.
Dated this 12th day of June, 1917.
(Signed) F. J. Willis,
Assistant Secretary.
Acting on behalf of the Local Govern-
ment Board under the authority of
their General Order dated the 26th
day of May, 1877. (b)
With the concurrence of the Secretary for Scotland the Food
Controller orders that the Local Authorities (Food Control)
(Scotland) Order, 1917,( c ) shall apply to the above Order.
Devonport,
Food Controller.
Registration
of retailers
of sugar.
THE SUGAR (REGISTRATION OF RETAILERS ORDER, 1917. DATED
AUGUST 23, 1917.
1917. No. 885.
In exercise of the powers conferred upon him by the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller hereby orders that except
under the authority of the Food Controller, the following regula-
tions shall be observed by all persons concerned :
1. A person shall not on or after the 1st October, 1917, sell or
deal in sugar by retail on any premises unless he is the holder in
respect of such premises of a certificate of registration for the
time being in force granted by the Food Control Committee
(hereinafter called the Committee) (d) within whose area such
premises are situate.
(a) LOCAL AUTHORITIES (FOOD CONTROL) ORDER (No. 1), 1917. The
effect of that Order (printed p. 187), coupled with the Food Controller's Order
of the same date (p. 192) is to empower Local Authorities in England and Wales
to enforce the present Order and to prosecute before courts of summary juris-
diction for breaches of the same.
(b) GENERAL ORDER OF MAY 26, 1877. That Order which authorised the
Secretaries and Assistant Secretaries of the Local Government Board to execute
certain instruments is printed S. R. & 0. Revised (1904) Vol. VII "Local
Government Board, E," p. 1.
(c) LOCAL AUTHORITIES (Fooo CONTROL) (SCOTLAND) ORDER, 1917.
The effect of that Order (printed p. 194) is to empower Local Authorities in
Scotland to enforce the present Order.
(d) FOOD CONTROL COMMITTEE. See Part III. (2. Food Control Committees)
of this Manual. A Memorandum (M.G. Sugar 2) for the guidance of local
food officers under the Registration of Retailers Order was issued by the
Ministry.
Sugar (Registration of Retailers) Order, 1917. 171
2. Every person who applies for a certificate of registration Application
shall furnish on the prescribed form a true statement of the for ,. fi
particulars therein required to be specified.
3. The Committee shall grant a certificate of registration to Grant by
any applicant who makes an application to them before the Committee.
15th September, 1917, and who or whose predecessor in business
was during the year 1915 dealing in sugar by retail in the
ordinary way of his trade in their area, and who at the date of
his application is so dealing in sugar, and may grant such certifi-
cate to any other applicant in any case in which in their opinion
it is necessary in the interests of the public within their area that
such certificate should be granted.
4. Every certificate of registration shall be in the form pre- Form of
scribed by the Food Controller. certificate.
5. The Committee may, with the consent of the Food Con- Revocation,
troller, revoke any certificate of registration if they are satisfied
that any regulation or direction made or given by or under the
authority of the Food Controller relating to sugar has not been
observed by the holder of such certificate or any of his servants
or agents, and shall revoke such certificate if required so to do by
the Food Controller.,
6. The Committee shall keep a register of the persons to whom, Register.
and the premises in respect of which ceriificates of registration
have been granted under this Order.
7. In the event of the transfer of the business in connection Transfer of
with which a certificate of registration is held, or in the event of a business,
the death of the holder of a certificate of registration, it shall be
lawful for the transferee or other person claiming under the
holder of such certificate on making an application for a certifi-
cate of registration, to sell and deal in sugar by retail from the
date of such application until the decision thereon is intimated
by the Committee, in the same manner and subject to the same
conditions as the holder of such certificate was entitled to deal.
8. The holder of any certificate of registration, his servants and Information
agents, shall give to the Committee such information, reports a . nd Inspec
and returns relating to his stocks of sugar and dealings in sugar
as the Food Controller or the Committee may from time to time
require, and shall permit any person authorised by the Food
Controller or the Committee to inspect all relevant books, docu-
ments and accounts.
9. Infringements of this Order are summary offences against Penalties,
the Defence of the Realm Regulations.
10. (a) This Order may be cited as the Sugar (Registration Title and
of Retailers) Order, 1917. extent of
(&) This Order shall not apply to Ireland. Order -
By Order of the Food Controller,
U. F. Wintour,
Secretary to the Ministry of Food,
23rd August, 1917.
Sugar Order, 1917.
THE SUGAR ORDER, 1917. DATED OCTOBER 12, 1917.
1917. No. 1049.
In exercise of the powers conferred upon him hy the Defence
of the Realm Regulations and of all other powers enabling him
in that behalf, the Food Controller hereby orders that except
under the authority of the Food Controller the following regula-
tions shall be observed by all persons concerned :
PART 1. {DEFINITIONS).
1. In this Order and in all authorities, vouchers, forms of appli-
cation, directions and other documents issued or deemed to be
issued under this Order the following words and expressions shall
bear the following meanings, viz. :
" Food Control Committee " shall mean in respect of any area
the Committee constituted for such area in pursuance of the Food
Control Committees (Constitution) Order, 1917. (a)
" Wholesaler " shall mean a wholesale dealer in sugar or
person obtaining sugar for the purpose of selling the same by
wholesale or a person deemed under this Order to be a wholesale
dealer in sugar and " Wholesale business " shall have a corre-
sponding meaning.
"Retailer" or "Registered Retailer" shall mean a person
registered as a retailer of sugar under the Sugar (Registration of
Retailers) Order, 1917, (b) and " Retail Business " shall bear a
corresponding meaning.
" Catering Business " shall mean the business or undertaking
of an inn, public house, hotel, restaurant, railway buffet, coffee
stall, or other place of refreshment open to the public, or of any
club, boarding house (other than a boarding house in which the
number of bedtfooms let and available for letting does not exceed
10), refreshment contractor or canteen, and " Caterers " shall
bear a corresponding meaning.
A " Manufacturing Business " shall mean any other business
in the course of which sugar is used otherwise than in catering
for the persons engaged therein, including among other businesses
the business of a pastry cook ; or confectioner or baker and con-
fectioner, and " manufacturer " shall bear a corresponding
meaning.
" Institution " shall include :
(a) Public or private hospitals, sanatoria, convalescent or
nursing homes, workhouses, infirmaries, asylums,
corporations, or companies not established for the
purpose of trading or profit, religious or charitable
communities, residential schools and colleges, and
non-residential schools and colleges at which meals
other than teas are provided for the pupils or teachers,
and residential hostels of all kinds.
(a) FOOD CONTROL COMMITTEES (CONSTITUTION) ORDER, 1917. That
Order is printed in Part III. p. 199.
(b) SUGAR (REGISTRATION OF RETAILERS) ORDER. That Order is printed
p. 170.'
Sugar Order, 1917. 173
(6) Boarding Houses which are not catering businesses as
herein defined, and the catering or kitchen Depart-
ments of businesses whore meals other than teas are
provided for the staffs of the business or their guests
but not for other members of the public, and other
like establishments, and establishments of public
utility not carried on primarily for profit and
requiring sugar for any of their purposes
Provided that in any case a Food Control Committee may
decide that an Institution within the area of such Committee be
treated as private consumers, and so long as any such decision
remains in force the institution shall be exempted from the
restrictions' hereinafter contained in relation to Institutions.
2. Upon any application to a Food Control Committee for an Food Control
authority to procure sugar the Committee shall have power con- Committee
clusively to determine in all cases of doubt whether or not the *
application is made on behalf of an Institution or for the purposes
of a catering or manufacturing business, and every such deter-
mination shall be conclusive for all purposes unless and until it
shall have been varied by the Food Control Committee or the
Food Controller.
PART II. (BUSINESSES AND INSTITUTIONS).
3. A person shall not purchase or take delivery of any sugar after Authorities
the 4th November, 1917, for the purposes of any catering or and voucher
manufacturing business, or after the 30th December, 1917, for
the purposes of any wholesale or retail business or Institution,
except under and to the extent specified in an authority issued by
a Food Control Committee or by the Food Controller pursuant to
this Order authorising him to take delivery of the sugar for that
purpose, and a person having the disposal of sugar shall not after
the same respective dates knowingly deliver sugar for any of the
purposes aforesaid except against a voucher issued by a Food Con-
trol Committee or the Food Controller pursuant to this Order
authorising such delivery.
4. (a) Authorities and vouchers for the delivery of sugar for By whom
the purposes of a wholesaler's business may be issued by the Food vouchers are
Control Committee for any area in which he has an office for to be issued
transacting such business, and if he has two or more such offices Wholesalers,
in different areas the Committee for any one of such areas may
issue authorities and vouchers covering the whole of his business
or the Committees for different areas may issue authorities and
vouchers covering different parts thereof.
(6) Authorities and vouchers for the delivery of sugar for the Retailers.
purposes of a retailer's business may be issued by the Food Control
Committee for the area in which the retailer is registered in
respect of such business.
Sugar Order, 19.17.
(c) Authorities and vouchers for the delivery of sugar for the
purposes of a manufacturing business may be issued by the Food
Control Committee for the area in which the manufacture is
carried on, but a manufacturer who manufactures for sale by
wholesale may if he so desires apply to the Food Controller for
authorities and vouchers in relation to his business and the Food
Controller may if he so thinks proper issue authorities and
vouchers accordingly.
(d) Authorities and vouchers for the delivery of sugar for the
purposes of a catering business or an Institution may be issued
by the Food Control Committee for the area in which the catering
business or Institution is situated or carried on.
(e) Authorities and vouchers for the delivery of sugar for any
purpose may be issued by the Food Controller in any case in which
he thinks proper so to do.
5. Every applicant for authorities and vouchers under this
Order shall furnish to the proper Food Control Committee or in
the cases provided for in Clause 4 (c) to the Food Controller,
upon such form as may be from time to time prescribed fof the
purpose by or on behalf of the Food Controller, a true statement
of the particulars required for completing such form.
6. Authorities and vouchers shall be issued in such manner and
in respect of such quantities of sugar and periods of time and
subject to such conditions as may from time to time be prescribed
or directed whether generally, or in particular cases by the Food
Controller, and any person requiring the issue of any authority
or voucher shall apply to the Food Control Committee authorised
to issue the same or to the Food Controller, as the case may be,
within such time as may be prescribed by the Food Controller.
7. A person shall not (except as expressly provided by
Clause 13) use any sugar obtained by virtue of an authority
issued pursuant to this Order except for the purposes of the
business or Institution in respect of which the authority has been
issued, and shall until the sugar is so used cause the same to be
stored in the place in which the sugar supplies of such business
or Institution are usually stored, or in such other place as the
Food Control Committee or the Food Controller may direct or
authorise, and permit the same to be inspected upon lawful
demand.
Dealer to act 8. A wholesaler or retailer shall in the disposition of sugar
- obtained by him for the purpose of his wholesale or retail busi-
the Food ness by virtue of an authority issued pursuant to this Order
Controller. observe any directions whether general or special that may from
time to time be given to him by or under the authority of tho
Food Controller.
Sugar Order, 1917. 175
9. Every wholesaler shall keep accurate and punctual accounts Dealers'
and records showing the disposition of all sugar dealt with or Accounts
used by him in the course of his business and shall produce all
such accounts and all relevant vouchers and documents on lawful
demand, and every retailer shall keep all such accounts in
relation to the sugar disposed of by him as the Food Controller
may from time to time prescribe.
10. A wholesaler or retailer shall preserve all vouchers received Preservation
by him for the delivery by him of sugar and upon making any and deposit
application to a Food Control Committee for authority to take of voucners -
delivery of sugar, he shall produce such vouchers and deal there-
with as any Food Control Committee may direct, and so long as
any such vouchers are retained by him he shall produce the same
011 lawful demand.
11. Any authority or voucher issued pursuant to this Order may Revocation
at any time be revoked by the Food Control Committee by whom of authorities
it was issued or by the Fpod Controller.
12. All authorities and vouchers for the purpose of this Order Form of
shall be in such form and shall contain such particulars as the authorities
Food Controller may from time to time direct, and all persons and vouchers,
acting upon any such authority or voucher shall duly comply
with the terms thereof.
13. Notwithstanding clause 7 of this Order a caterer, pastry Use of sugar
cook, baker, or other like manufacturer who provides for his by manufac-
household wholly or partly out of the food supplies used or manu-
factured in his business may (unless the Food Control Committee
otherwise directs) use for the consumption of his household sugar purposes.
or the products of his manufacture containing sugar obtained for
the purpose of his business.
14. (a) Where an authority is issued under this Order for Brewer's
the purpose of any manufacture in respect of sugar other than sugar and
brewer's sugar, any brewer's sugar supplied thereunder or under syrup,
any corresponding voucher shall be reckoned at the amount of
brewer's sugar so supplied less 20 per cent. For the purpose of
this Clause brewer's sugar means sugar which when tested by the
polariscope indicates a polarisation not exceeding 89 degrees but
does not include West India Grocery Crystallised Sugar, or
British West India Muscovado Sugar, or British West India
Grocery Syrup Sugar.
(I) The preparation of sugar syrup whether pure or flavoured
shall for the purposes of this Order be deemed to be a manu-
facture and the syrup as manufactured, shall be deemed to be
sugar equivalent to the quantity of sugar contained therein, but
nothing in this Order contained shall prevent a pharmaceutical
chemist or chemist and druggist from obtaining syrup (whether
flavoured or unflavoured) for the purpose only of compounding
medicines : Provided that no person shall use any syrup obtained
for that purpose for any other purpose whatsoever.
L76
Sugar Order, 1917.
Branches to
ae deemed
jeparate
Different
businesses
"with excep-
tions) to be
kept
jeparate
PART III. (MULTIPLE AND COMBINED BUSINESSES).
15. A person who carries on a catering, manufacturing or
retail business at two or more places shall for all the purposes of
and incidental to this Order be deemed to carry on a separate
business at each such place.
16. (a) Where a person carries on the business of a caterer
and in conjunction therewith the business of a pastry cook or
baker or baker and confectioner or any other manufacturing
business in such a manner that the sugar consumed in the
separate businesses cannot be distinguished, he may if the Food
Control Committee so decide receive authorities and vouchers
covering a single supply of sugar for the combined businesses.
(b) In every other case in which a person carries on two or more
of the businesses of a wholesaler, a retailer, a caterer or a
manufacturer, whether at the same premises or not, such busi-
nesses shall be deemed to be separate businesses, and where a
manufacturer carries on the manufacture of two or more classes
of products, the manufacture of each class shall be deemed to
constitute a separate business and manufacturers shall for this
purpose be classified in such manner as the Food Controller may
from time to time prescribe.
17. Where an Institution or a person providing the meals taken
at an Institution carries on any wholesale, retail, manufacturing
or catering business, the business so carried on shall be deemed
to be a separate business and shall be deemed not to be one of
the purposes of the Institution.
18. In every case in which a person or Institution carries on
or is deemed to carry on any two or more separate businesses or
any separate busine*ss, separate authorities and vouchers shall be
required in respect of each such business and in respect of such
Institution, and the sugar obtained for the purposes of each busi-
ness or Institution shall be kept and stored wholly separate and
distinguished from the sugar obtained for the purpose of every
other Institution or business, and where the sugar obtained for
different purposes is stored at the same premises, the owner or
other person having control of the sugar shall cause records to
be kept showing the quantities of sugar from time to time taken
out of store for each purpose and the sugar remaining in store and
the records kept pursuant to this Clause shall be open for inspec-
tion on lawful demand.
Purchase of 19. A person who carries on two or more separate businesses,
sugar in bulk whether retail or manufacturing or catering, or who manages
an Institution having two or more branches, and procures sugar
separate ' in Du lk for distribution among such businesses or branches, shall
businesses of be deemed to procure the same as a wholesaler and to carry on a
same owner, separate wholesale business in respect of such sugar, and he shall
deliver for the purposes of each of the manufacturing or retail
or catering businesses or branches so much only of the sugar
obtained by him as wholesaler as shall accord with the authority
held by him in relation to such manufacturing or retail business
Institutions
ko be kept
separate
from associa-
;ed busi-
Separate
authorities
md vouchers
md sugar
jtores for
separate
businesses.
Sugar Order, 1917. 177
or branch, and every delivery so made shall be made against and
in satisfaction of a voucher issued in respect of such business or
branch covering the sugar so delivered, and every such person
shall keep a full and accurate account recording all deliveries of
sugar for the purpose of each of such businesses or branches.
20. Where a person carries on a business as a caterer and Combined
also as a manufacturer and uses the products of his manufac- businesses of
turing business partly in the course of a catering business and ^^j
partly for sale or for use in some other business, he may not- facturer.
withstanding anything contained in this Order use the products
of his manufacturing business in the course of his catering
business.
PART IV. (MISCELLANEOUS AND SUBSIDIARY PROVISIONS).
21. For the purpose of facilitating a just distribution to private Sugar
persons of the sugar from time to time available for household Registration
consumption there may be issued by or with the authority of the Car
Wages Board, which shall consist of members representing
employers and members representing workmen (in this Act
referred to as representative members) in equal, proportions and Board.
of the appointed members.
*******
(2) Women shall be eligible as members of the Agricultural
Wages Board as well as men.
(3) The representative members shall be elected or nominated
by the Board of Agriculture and Fisheries or otherwise, or partly
elected and partly so nominated, as may be provided by the
regulations.
* * * # * * *
(a) CONSTITUTION AND PROCEEDINGS OF AGRICULTURAL WAGES BOARD.
See Memorandum and Regulations of the Board of Agriculture and Fisheries,
printed as 2 (pp. 234-241) of this Part of this Manual. As to the constitution
and proceedings of the Wages Board for Ireland, see Regulations of the Depart-
ment of Agriculture and Technical Instruction for Ireland printed as 4 (1)
(pp. 246-248) of this Part of this Manual.
3167 H 2
Constitution, Proceedings, #c., of Agricultural Wages Boards
for England and Ireland.
[Schedule I. of Corn Production Act, 1917 (7 Sf 8 Geo. 5, c. 46).]
(4) The chairman of the Agricultural Wages Board shall be
such one of the members as the Board of Agriculture and
Fisheries may appoint, and the secretary of the Agricultural
Wages Board shall be appointed by the Board of Agriculture and
Fisheries.
(5) The proceedings of the Agricultural Wages Board shall not
be invalidated by any vacancy in their number, or by any defect
in the appointment, election, or nomination of any member.
(6) In order to constitute a meeting of the Agricultural Wages
Board, at least one third of the whole number of the representa-
tive members and at least one appointed member must be present.
(7) The Board of Agriculture and Fisheries may make regula-
tions with respect to the proceedings and meetings of the
Agricultural Wages Board, including the method of voting; but
subject to the provisions of this Act and to any regulations so
made the Agricultural Wages Board may regulate their proceed-
ings in such manner as they think fit.
12. (1) The Agricultural Wages Board may, and if so
lequired by the Board of Agriculture and Fisheries shall, estab-
lish district wages comniittees(a) consisting, subject as hereinafter
provided, of persons representing employers or workers engaged
in agriculture and constituted in accordance with regulations
made for the purpose by the Board of Agriculture and Fisheries,
and acting for such area as the Agricultural Wages Board may
determine.
(2) Provision shall be made by the regulations for at least one
member of the Agricultural Wages Board or other person
nominated by the Board of Agriculture and Fisheries acting as a
member of each district wages committee, and for the equal
representation of local employers and local workmen on the
committee.
(3) The Agricultural Wages Board may refer to a district
wages committee for their report and recommendations any
matter which they think it expedient so to refer, and may also, if
they think fit, delegate to a district wages committee any of their
powers and duties under this Act other than their power and duty
to fix minimum rates of wages, and, subject to regulations made
by the Board of Agriculture and Fisheries, authorise any such
district wages committee to delegate -to a sub-committee thereof
any of the powers so delegated to the committee.
(4) Where a district wages committee has been established for
any area, it shall be the duty of the committee to recommend to
the Agricultural Wages Board minimum rates of wages *
applicable to * * ' * that area, and no such minimum rate of
wages fixed under this Act, and no variation or cancellation of
(a) DISTRICT WAGFS COMMITTEES. As to such Committees in England and
Wales, see pars 22-26 of the Memorandum of the Board of Agriculture and
Fisheries printod (pp. 237, 238) as 2 (1) of this Part of this Manual; as to such
Committees in Ireland, see Regulations printed (p. 249) as 4 (2) of this Part
of this Manual.
Constitution, Proceedings, $c., of Agricultural Wages Boards 229
for England and Ireland.
[Schedule 1 of Corn Production Act, .1917 (7 # 8 Geo. 5. c. 46).]
such a rate, shall have effect within that area unless either the
rate or the variation or cancellation thereof, as the case may be,
has been recommended by the district wages committee, or an
opportunity has been given to the committee to report thereon to
the Agricultural Wages Board, and the Agricultural Wages
Board have considered the report (if any) made by the committee.
13. (1) The Board of Agriculture and Fisheries may appoint Appointed
such number of persons (including women) as they think fit to be theAcScul
appointed members of the Agricultural Wages Board or to act as tural Wages
members of district wages committees :' Provided that the number Board,
of persons so appointed shall not exceed one quarter of the total
number of members of the Agricultural Wages Board or of any
district wages committee.
. 17. (1) Any officer appointed by the Board of Agriculture Power to
and Fisheries under this Act, and any officer of any Government take and
Department for the time being assisting in carrying this Act into proceedings
effect, shall have power in pursuance of any special or general
directions of the Board of Agriculture and Fisheries to take pro-
ceedings under this Act, and the Agriculture Wages Board may
also take any such proceedings in the name of any officer
appointed by the Board of Agriculture and Fisheries for the
time being acting under the directions of the Agricultural Wages
Board in pursuance of this Act, or in the name of their secretary
or any of their officers authorised by them.
(2) Any officer appointed by the Board of Agriculture and
Fisheries under this Act, or any officer of any Government
Department for the time being assisting in carrying this Act into
effect, and the secretary of the Agricultural Wages Board, or any
officer of the xVgricultural Wages Board authorised for the pur-
pose, may, although not a counsel or solicitor or. law agent,
prosecute or conduct before a court of summary jurisdiction any
proceedings arising under this Act.
In the application of this Schedule to Ireland, references to the
Board of Agriculture and Fisheries shall be construed as refer-
ences to the Department of Agriculture and Technical Instruction
for Ireland, and references to the Agricultural Wages Board
shall be construed as references to the Agricultural Wages Board
for Ireland.
H 3
230 Constitution, Proceedings, fyc., of Agricultural Wages Com-
mittees in Scotland,
[Schedule 2 of Corn Production Act, 1917 (T 8 Geo. 5, c. 46).}
Section 18 Second Schedule.
(l)(&).
CONSTITUTION OF AGRICULTURAL WAGES COMMITTEES IN SCOTLAND.
1. The Board of Agriculture for Scotland (in this Schedule
referred to as the Board) may from time to time divide Scotland
into districts and combinations of districts, and fix such districts
and combinations for the purposes of this Schedule. (a)
2. Where and so long as the Board are satisfied that in any
district fixed by them a representative joint committee, compris-
ing a chairman and representatives of employers of agricultural
labour and of workmen employed in agriculture in equal numbers,
exists for purposes which include the fixing of minimum rates of
wages for workmen employed in agriculture, the Board may
recognise and certify that committee as a district wages com-
mittee for the district.
3. Where in any district, after a date. to be fixed by the Board,
the Board are satisfied that no representative joint committee as
aforesaid exists in the district, the Board may proceed to nominate
a joint committee, constituted as aforesaid, for the district and
the committee so nominated shall be certified by the Board as the
district wages committee for the district : Provided that the Board
may require any committee so nominated to demit office if at any
time they are satisfied that a representative joint committee exists
in the district in terms of the immediately preceding paragraph.
- 4. The Board shall, for the purpose of constituting a central
agricultural wages committee for Scotland (hereinafter referred
to as "the central committee"), combine districts so as to form
five combination districts from each of which two representatives
of district wages committees within the combination, one of whom
shall represent employers and the other workmen, shall be elected
by the district committees under a scheme prescribed by the
Board. The Board shall appoint a chairman and a secretary for
the central wages committee and may appoint two women as addi-
tional members thereof. The ten elected members, with the
chairman and any additional members appointed by the Board,
shall constitute the central committee.
5. Subject as hereinafter provided, a district wages committee
shall, within its district, have the powers and duties conferred and
imposed on the Agricultural Wages Board by or under this Act,
except any of such powers and duties which the Board may by
regulation reserve to and confer and impose on the central com-
mittee, and references in this Act to the Agricultural Wages
Board shall be construed accordingly as references to district
wages committees or the central committee, as the case may be.
6. Every decision of . a district wages committee fixing a
minimum rate of wages shall be reported to the central committee
and to the Board, and if the central committee do not disallow
(a) DISTRICTS INTO WHICH SCOTLAND HAS BEEN DIVIDED FOR THE PURPOSE
OF CONSTITUTING DISTRICT WAGES COMMITTEES. The Memorandum of
September 22nd, 1917, of the Board of Agriculture for Scotland specif ying these
Districts is printed as 3 (p. 242) of this Part of this Manual.
Enforcement of Cultivation of Minimum Tillage Portion of 231
Arable Land in Ireland.
\Schedule 3 of Corn Production Act, 1917 (7 & 8 Geo. 5, c. 46).]
the same within a period to be prescribed by the Board, the
minimum rate so fixed shall be deemed to be the minimum rate
fixed tinder this Act.
7. Where a district wages committee fail within a period to be
prescribed by the Board to fix minimum rates of wages for time
work within the district, the Board shall refer the question of
fixing such rates to the central committee, and thereupon the
powers and duties of the district wages committee to fix such rates
shall, so far as required for the purposes of the reference, be
transferred to the central committee, and any rate fixed under
such a reference by the central committee after consultation with
the district wages committee shall be deemed to be the minimum
rate fixed under this Act.
8. Any other question within their jurisdiction under this Act
on which a district wages committee fail to agree shall, if the
representatives of the employers or the representatives of the
workmen on the committee so request in writing, be referred to
the central committee by the district wages committee for
decision, and any decision by the central committee 011 such a
reference shall be reported to the Board and shall have the like
effect and validity as if it were the decision of the district wages
committee.
9. The Board may by regulation prescribe the tenure of office
and procedure "of a district wages committee, so far as certified
for the purposes of this Act, and of the central committee and its
chairman and officers, and make other necessary provision for the
efficient conduct of their business including provision as to sub-
committees and the authentication of any notice, finding, or
other instrument issued by them respectively.
Third Schedule. Section 18
09(0.
ADDITIONAL PROVISIONS FOE, THE ENFORCEMENT OF PROPER
CULTIVATION OF LAND IN IRELAND. (a)
1. It shall be the duty of every occupier of arable land to
cultivate and maintain in cultivation a portion of the arable land
held by him (in this Schedule referred to as the " holding "),
not less in extent than the minimum tillage portion as prescribed
by an order of the Department of Agriculture and Technical
Instruction for Ireland made under this Schedule and applying
to the holding for the time being : Provided that no occupier
shall be required by virtue of any such order to cultivate more
than one-half of the area of his holding.
(a) COMPULSORY TILLAGE. As to enforcement in 1917 of the cultivation to
which this Schedule is directed, see Reg. 2p of the Defence of the Realm Regn
lations and Declaration and Memoranda thereunder printed as 4 of Part YI1
of this Manual.
3167 H 4
Enforcement of Cultivation of Minimum Tillage Portion of
Arable Land in Ireland.
[Schedule 3 of Corn Production Act, 1917 (7 # 8 Geo. 5, c. 46).]
2. The Department of Agriculture and Technical Instruction
for Ireland (in this Schedule referred to as the " Department ")
may make orders for the purpose of prescribing the minimum
tillage portion of holdings, and may make any such order so as
to -apply to all holdings throughout Ireland, or to all holdings in
any area specified in the order, or to any class or classes of hold-
ings specified in the order whether throughout Ireland or in any
area so specified, subject in each case to any exceptions which
may be made by or under the order, or so as to apply to any
particular holding or holdings. (a)
3. If in any year the occupier of a holding fails to cultivate the
minimum tillage portion of the holding, the Department, after
affording him an opportunity of being heard in such manner as
may be prescribed by regulations under this Act, shall ascertain
how much of the minimum tillage portion he has failed without
reasonable cause to cultivate, and subject to the provisions of
the next following article of this Schedule shall specify in a certi-
ficate under their seal the acreage thereof and the amount which,
in their opinion, ought to be paid by way of penalty in respect of
such failure as aforesaid, not exceeding five pounds for each acre
of the acreage specified in the certificate and not exceeding a
proportionate amount for any fraction of an acre so specified.
Upon the making of the certificate the occupier shall become
liable to pay to the Department on demand the amount specified
therein as aforesaid, and the certificate shall be conclusive
evidence of such liability.
Where there has been a change of occupiers during the year,
the amount shall be payable by the person who was occupier at
the end of the year.
4. The Department before making any such certificate shall
send a draft thereof to the occupier, and if the occupier within
the prescribed time and in the prescribed manner serves a notice
of objection to the draft certificate, any questions raised -by the
notice as to the making of the certificate or as to the particulars
specified in the draft, shall be referred to a tribunal designated
or constituted by or in accordance with regulations under this
Act, and provision shall be made by those regulations for the
hearing and determination by the tribunal of the questions so
referred to them with power to postpone or stay the making of
a certificate or to vary the draft certificate in such manner as
seems proper, and generally for regulating the procedure on any
such powers may be exercised concurrently.
The certificate shall not be made whilst any objection to the
draft certificate is pending before the tribunal, and effect shall be
given by the Department to any rulings of the tribunal, and,
where the draft certificate is varied by the tribunal, the certificate
if made by the Department shall be made in accordance with the
draft as so varied and not otherwise.
(a) ORDERS AS TO "MINIMUM TILLAGE PORTIONS" OF HOLDING. No
General Order applying throughout Ireland has (Oct. 21, 1917) been made by
the Department under this power.
Enforcement of Cultivation of Minimum Tillage Portion of 233
Arable Land in Ireland.
[Schedule 3 of Corn Production Act, 1917 (7 # 8 Geo. 5, c. 46).]
5. Any sum payable to the Department under this Schedule
shall, irrespective of the amount, be recoverable by the Depart-
ment by ordinary civil bill before the county court judge of any
county in which the holding or any part thereof is situated, and
the decision of the county court judge shall be final.
Any such sum, when received or recovered by the Department,
shall be applied by them for the purposes of agriculture and other
rural industries within or in connection with the county or
counties in which the holding is situated.
6. The powers of the Department under this Schedule shall be
in addition to and not in substitution for their other powers for
the enforcement of proper cultivation under this Act and all
such powers may be .exercised concurrently.
7. No penalty by way of increase of rent or otherwise shall be
incurred by any tenant under any contract of tenancy in respect
of any acts of cultivation which may be necessary in order to
comply with the requirements of this Schedule.
8. For the purpose of this Schedule, except where the context
otherwise r
To face page 232.
See now (Jan. 31, 1918) the Tillage (Ireland) General Order
1918, and the Tillage (Ireland) _ B*^ "J ^
Links Order, 1918, printed m the ADDENDA, pp.
612-615.
(c) the expression " arable " means capable of being tilled.
Explanatory Memorandum as to Agricultural Wages in
England and Wales.
2. Wages for Agricultural Workers in England
and Wales.
(1) MEMORANDUM, DATED SEPTEMBER, 1917, OF THE BOARD OF
AGRICULTURE AND FISHERIES EXPLAINING THE PRINCIPAL
PROVISIONS OF THE CORN PRODUCTION ACT, 1917, AS REGARDS
AGRICULTURAL WAGES IN ENGLAND AND WALES.
[The Notes and references to this Manual do not form part of the
Memorandum (A.W. 2) as issued by the Board but have been
added by the Editor.]
This Memorandum is intended for the information of persons
engaged in Agriculture who are affected by the provisions of the
Corn Production Act relating to minimum rates of wages. It
gives a general idea of the main provisions of the Act in this
respect, but it must not be regarded as a full and authoritative
interpretation of the measure. The Act itself should be consulted
in the case of any dispute or uncertainty.
The main provisions of the Act relating to minimum rates of
wages in England and Wales are set out in Part II. (Sections
4, 5, 6 and 7) (pp. 212-215), and the First Schedule (pp. 227-229)
to the Act. Certain definitions and additional provisions are
contained in Part Y. (Sections 12, 14, 16 and 17) (pp. 221, 222,
223). Special provisions as to minimum rates of wages in Scot-
land and Ireland are contained in Section 18 (pp. 224-227) and
111 the Second Schedule (pp. 230, 231) to the Act.
Agricultural Wages Board.
1. The Act provides for the establishment by the Board of
Agriculture and Fisheries, after consultation with the Minister of
Labour, of an Agricultural Wages Board for England and Wales.
The main object for which the Wages Board is established is the
fixing of minimum rates of wages for " workmen " employed in
Agriculture, that is to say, rates of wages which, in the opinion of
the Wages Board, are the lowest which ought to be paid to "work-
men "in the district for which the rates are fixed. The term
" workmen " includes boys, women and girls, and employment in
Agriculture includes work not only on farms, but also on osier
land, woodland, orchards, market gardens and nursery grounds.
[Section 17 (1) (a) (c) p. 223.]
2. The minimum rates when fixed will be legally payable as
explained below.
Constitution of the Wages Board.
3. The Wages Board will consist of three classes of persons:
(a) " appointed members," that is to say, persons directly
appointed by the Board of Agriculture and Fisheries who are
not necessarily engaged in Agriculture but are expected to form
an. impartial judgment as between employers' and workers'
interests ; (b) members representing employers ; and (c) members
representing workers.
Explanatory Memorandum as to Agricultural Wages in 235
England and Wales.
4. Women are eligible as members of the Wages Board as well
as men.
5. The numbers of appointed and of representative members
of the Wages Board will be fixed by Regulations made by the
Board of Agriculture and Fisheries, and those Regulations will
also settle the methods of choosing members to represent employers
and members to represent workers respectively. The Chairman
and Secretary of the Wages Board will be appointed by the
Board of Agriculture and Fisheries.
6. The members representing employers and the members repre-
senting workers must be equal in number. The appointed members
must not be greater in number than one quarter of the total number
of members of the Wages Board.
Minimum Rates of Wages.
7. It will be the duty of the Wages Board to fix minimum
rates of wages for time-work for all classes of workers, and they
may, if they think it necessary or expedient, also fix minimum
To face page 234.
See now (Jan. 31, 1918) the District Wages Committees
Regulations, 1918, and the Agricultural Wages Regula-
tions, 1918, printed in the ADDENDA, pp. 605-610.
of at least 25s. a week. This provision does not apply in the
case of boys, women and girls. In computing the wages, the
value of such customary allowances as are not prohibited by law
may be included in so far as the Wages Board may authorise
and on a basis of value to be fixed by the Wages Board. Deduc-
tions from cash wages in respect of an allowance of intoxicating
drink are illegal under the Truck Acts. (a)
8. In fixing* minimum rates, whether for time-work or for piece-
work, the Wages Board are required by the Act to secure, so far
as practicable, for able-bodied men such wages as are in the
opinion of the Wages Board adequate to promote efficiency and
to enable a man in an ordinary case to maintain himself and
his family in accordance with such standard of comfort as may be
reasonable in relation to the nature of his occupation.
9. Any minimum rates fixed under the Act will be without prejudice
to the payment, under any agreement entered into or custom existing
before the passing of the Act, of rates higher than the minimum
rates.
10. The term " able-bodied man " means any male workman
who is not incapable by reason of age, or mental or other infirmity,
or physical injury, of performing the work of a normally efficient
workman.
(a) TRUCK ACTS. These are the Truck Acts, 1831 (1 & 2 Will. 4, c. 37).
1887 (50 & 51 Viet. c. 46) and 1896 (59 & 60 Yict. c. 44).
236 Explanatory Memorandum as to Agricultural Wages in
England and Wales.
Procedure in Fixing Minimum Itatf*.
11. Before fixing any minimum rate of wages the Wages
Board must give notice of the rate which they propose to fix,
and must consider any objections which may be lodged with them
within one month ; and when a rate has been fixed, notice of such
rate must be given by the Wages Board for the information of
the employers and workers affected.
12. The Wages Board may, if they think it expedient, after
due notice, cancel or vary any minimum rate fixed by them, and
must reconsider any rate if directed to do so by the Board of
Agriculture and Fisheries.
Enforcement of Minimum Rates of Wages.
13. When a minimum rate of wages has been fixed, any agree-
ment for the payment or acceptance of wages at less than the
minimum rate is void, and payment of wages at less than the
minimum rate renders the employer liable to a fine of not more
than 20, and to a fine not exceeding 1 for each day on which the
offence is continued after conviction therefor, unless he proves
that he did not know and could not with reasonable diligence
have ascertained that the wages paid were at a rate less than th*
minimum rate.
14. In cases, however, where the Wages Board are satisfied
that a worker on time-work is affected by any mental or other
infirmity or physical injury which renders him incapable of
earning the minimum time-rate applicable, they may grant the
worker a Permit of Exemption; and so long as any conditions
prescribed by the Wages Board on the grant of the Permit are
complied with, the employer is not liable to penalty for paying
, the worker wa^es at less than the minimum rate. [Section 5, (3) r
p. 214.]
15. Where legal proceedings are taken against an employer for
the payment of a worker at less than the minimum rate, the Court
may, whether they convict the employer or not, require him to
pay to the worker any arrears of wages which may appear to the
Court to be due to the worker by reason of his having been paid
at less than the minimum rate.
16. Any worker may complain, or may authorise another person
to complain, to the Wages Board that he is being paid wages at
less than the minimum rate fixed by the Wages Board, and the
Wages Board may, if they think fit, take proceedings on behalf of
the worker, either for the recovery of the arrears of wages due
to the worker or by way of prosecution of the employer.
17. Moreover, a worker may take proceedings 011 his own behalf
for the recovery as a civil debt of any arrears of wages which may
be due to him in respect of his payment at less than the minimum
rate.
Explanatory Memorandum as to Agricultural Wages in 23'
England and Wales.
18. Where a worker is employed on piece-work and a minimum
time-rate, but no minimum piece-rate, has been fixed by the
Wages Board for the work on which he is employed, the worker
may complain, or may authorise another person on his behalf to
complain, to the Wages Board that the piece-rate paid to him
is so low that the earnings of an ordinary workman paid at such
rate would be less than he would have earned for the same work
at the minimum time-rate applicable to the case ; and the Wages
Board in that case may direct the employer to pay the difference.
The worker may recover from the employer summarily as a civil
debt any sum which the Wages Board so direct to be paid.
19. Officers may be appointed by the Board of Agriculture and
Fisheries for the purpose of investigating complaints and other-
wise securing the proper observance of the provisions of the Act
relating to minimum rates of wages.
20. These Officers have power to require the production of
wages sheets and other relevant information.
21. Persons who refuse to produce documents or give informa-
tion which the Officers have power to require, or knowingly
furnish the Officers with false wages sheets or other false informa-
tion, are liable, on conviction, to a fine not exceeding 20, or
to imprisonment for not more than three months with or without
hard labour. The Officers have power, in pursuance of directions
of the Board of Agriculture and Fisheries, to take legal proceed-
ings for the enforcement of the Act.
District Wages Co7nmittees.
22. The Wages Board may, and if required by the Board of
Agriculture and Fisheries must, establish District Wages Com-
mittees to act for such areas as the Wages Board may determine.
Any District Wages Committees established will consist of
representatives of employers and of workers and also of such
persons as the Board of Agriculture and Fisheries may appoint.
Their composition is settled by Regulations made by the Board
of Agriculture and Fisheries. There will be equal representation,
on a District Committee, of local employers and local workers,
and at least one member of the Wages Board or other person
nominated by the Board of Agriculture and Fisheries will act
on each District Committee.
23. It is the duty of District Wages Committees to recommend
to the Wages Board minimum rates of wages applicable to their
districts. Minimum rates of wages can only be fixed, varied or
cancelled by the Wages Board itself, but no minimum rate fixed
to apply to an area for which a District Wages Committee has
been established, and no variation or cancellation of such rate,
can have effect in that area unless the District Wages Committee
has either recommended the rate or its variation or cancellation,
or has had an opportunity of reporting thereon to the Wages
Board.
138 Explanatory Memorandum as to Agricultural Wages in
England and Wales.
24. The Wages Board may refer any matter to a District Com-
mittee for report and recommendation, and may also delegate to
a District Committee any of their powers and duties (other than
their power and duty to fix minimum rates of wages) . They may
also authorise a District Wages Committee to delegate any such
powers to a sub-committee. Among the powers which may be so
delegated is that of issuing Permits of Exemption to non-able-
bodied workmen.
Expenses and Remuneration of Members.
25. Expenses incurred with the consent of the Board of Agri-
culture and Fisheries by members of the Wages Board or a
District Committee and sums paid with such consent to members
by way of compensation for loss of time, will be paid out of public
funds.
Provisions of the Act now in Force.
26. Some time must necessarily elapse before the Wages Board
and District Committees are set up and the above provisions
come into operation. In the meantime an able-bodied man
employed on time-work (but no other class of worker to whom
Part II. of the Act applies) who since the commencement of the
Act, viz., the 21st August, 1917, has received payment of wages
(including allowances) at a rate which, in the opinion of the
Court, is less than the equivalent for an ordinary day's work of
25,?. a week, will be entitled to recover the difference from his
employer as a civil debt, at any time within three months after
the minimum is fixed. The value of allowances in such cases
will, in case of dispute, be determined by the Court.
It is advisable; therefore, that employers should at once arrange
to pay all able-bodied men employed in Agriculture on time-work,
wages for an ordinary day's work equivalent to at least 25s. per
week, and should provisionally agree with such workers as to the
customary or reasonable value of any allowances which are
reckoned as part payment of wages. It is illegal under the
Truck Acts(a) to reckon beer or cider or other intoxicants as
allowances in part payment of wages.
Board of Agriculture and Fisheries,
September, 1917.
(a) TRUCK ACTS. See footnote (a) to par. 7 of this Memorandum (p. 235).
Constitution, fyc., of Agricultural Wages Board (England and 239
Wales).
(2) PROVISIONAL REGULATIONS DATED SEPTEMBER 28, 1917, MADE
BY THE BOARD OF AGRICULTURE AND FISHERIES WITH RESPECT
TO THE CONSTITUTION AND PROCEEDINGS OF THE AGRICULTURAL
WAGES BOARD (ENGLAND AND WALES).
In pursuance of the provisions of Part II. of the Corn Produc-
tion Act, 1917, and of Section 2 of the Rules Publication Act,
1893, the Board of Agriculture and Fisheries hereby certify that
on account of urgency the following Regulations with respect
to the constitution and proceedings of the Agricultural Wages
Board (England and Wales) should come into immediate opera-
tion, and accordingly make the following Regulations to come
into operation forthwith as Provisional Regulations(a) :
1. An Agricultural Wages Board shall be established for
England and Wales, consisting of 39 persons, of whom seven
shall be appointed members and the remainder representative
members. The representative members shall be members repre-
senting employers and workmen, respectively, in equal propor-
tions.
2. The Chairman and Deputy Chairman shall be appointed
by the Board of Agriculture and Fisheries from among the
members of the Wages Board, and each of them shall (provided
that he continues to be a member of the Wages Board) hold office
for such period as the Board of Agriculture and Fisheries may
determine.
3. The appointed members shall be such persons as may be
selected by the Board of Agriculture and Fisheries to act on the
Wages Board, provided that at least one shall be a woman.
4. The selection and appointment of representative members
shall, subject to the provisions of paragraph 5 of these Regula-
tions, be as follows:
Of the members representing employers, eight shall be elected
as follows :
2 representatives by the Council of the Royal Agricultural
Society of England.
2 representatives by the General Executive Committee of the
National Farmers' Union.
2 representatives by the Council of the Central and Associ-
ated Chambers of Agriculture.
2 representatives by the Welsh Agricultural Council. (b)
Eight members representing employers shall be nominated by
the Board of Agriculture and Fisheries, after due consideration
of any names which may be submitted by agricultural associa-
tions or otherwise, and after such local enquiries as the
President of the Board may deem desirable.
(a) PROVISIONAL REGULATIONS. The effect of s. 12 (2) of the Corn Pro-
duction Act is to bring Regulations thereunder within s. 1 of the Rules
Publication Act, 1893 (56 & 57 Viet. c. 66), and these Provisional Regulations
have (subject to annulment by Order in Council) effect until Statutory Rules
are made in accordance with the said section 1.
(b) WELSH AGRICULTURAL COUNCIL. This Council was constituted by
Order of the Board' of Agriculture and Fisheries in 1912 for the purpose of
advising the Board with regard to all questions relating to Agriculture in Wales.
The members were nominated by the Welsh County Councils, the Welsh
University Colleges and the Board.
240 Constitution, fyc., of Agricultural Wages Board (England and
Wales).
Of the members representing workmen six shall be elected by
the Executive Committee of the National Agricultural Labourers'
and Rural Workers' Union and two by the General Executive
Committee of the Workers' Union. Eight members representing
workmen shall be nominated by the Board of Agriculture and
Fisheries, after consultation with the Ministry of Labour, (a) and
after due consideration of any names submitted by workmen and
their representatives.
5. In the election and nomination of representative members,
regard shall be had, so far as practicable, to securing on the
Wages Board a fair representation- of all classes of farming, and
of the various conditions of employment in agriculture in all parts
of the country. Where, as the result of any elections under the
provisions of paragraph 4, such fair representation cannot, in
the opinion of the Board of Agriculture and Fisheries, be secured
on the Wages Board, the Board of Agriculture and Fisheries may,
in addition to the persons nominated by them under paragraph 4,
nominate a representative member in place of any person so
elected.
6. The Board of Agriculture and Fisheries may, notwithstand-
ing the provisions of paragraph 1, if they think it necessary to
secure the proper representation of any classes of employers or
workmen, after giving the Wages Board an opportunity to be
heard, nominate additional representative members of the Wages
Board to serve for such period, not exceeding, three years, as may
be determined by the Board of Agriculture and Fisheries. The
number of such additional representative members shall always
be an even number not exceeding four in all, of whom half shall
be representatives of employers and half shall be representatives
of workmen.
7. Any member representing employers who becomes a work-
man in agriculture shall vacate his seat. Any member- repre-
senting workmen who becomes an employer in agriculture shall
vacate his seat. The question of fact shall in each case be deter-
mined by the Board of Agriculture and Fisheries.
8. Any representative member who, in the opinion of the Board
of Agriculture and Fisheries, fails without reasonable cause to
attend one-half of the total number of meetings in a calendar year
shall vacate his seat.
9. If in the opinion of the Board of Agriculture and Fisheries
any representative member shall be incapable of acting as a
member of the Wages Board, the Board of Agriculture and
Fisheries may determine his appointment, and he shall thereupon
vacate his seat.
10. At the end of one year from the date of the establishment
of the Wages Board five representative members to be chosen by
lot from among the members representing employers and five
representative members to be chosen by lot from among the
members representing workmen (in each case excluding addi-
tional representative members nominated under paragraph 6 of
these Regulations) shall retire from the Wages -Board.
(a) MINISTRY OF LABOUR. As to the constitution of this Ministry see
footnote (a) to s. 5 (1) of the Act (p. 213).
Constitution, $'c. } of Agricultural Wages Board (England and 241
Wales).
11. At the end of two years from the date of the establishment
of the Wages Board five representative members to be chosen by
lot from among the members representing employers and five
representative members to be chosen by lot from among the
members representing workmen (in each case excluding additional
representative members nominated under paragraph 6 of these
Eegulations and excluding members filling the vacancies created
by the operation of paragraph 10) shall retire from the Wages
Board.
12. The term of office of an appointed member shall be two
years, and, subject to the provisions of paragraphs 6, 7, 8, 9, 10
and 11, the term of office of a representative member shall be
three years, provided that
(a) A member appointed to fill a casual vacancy shall sit
only for the unexpired portion of the term of office of
his predecessor; and
(b) A seat rendered vacant by eifluxion of time shall, in the
event of delay occurring in filling it, be temporarily
occupied by the retiring member until a successor is
appointed.
13. Any person vacating his seat 011 the Wages Board under
any of the preceding paragraphs or for any other reason other-
wise than under paragraph 9 of these Regulations shall be eligible
to be re-appointed as a member of the Wages Board.
14. A vacancy among representative members shall be filled
in the same manner as in the case of the original appointment
to the vacated seat.
15. Every member of the Wages Board shall have one vote.
If at any meeting of the Board the number of members present
representing employers and workmen, respectively, is unequal,
it shall be open to the side which is in the majority to arrange
that one or more of their members shall refrain from voting, so
as to preserve equality. Failing such an arrangement, the
Chairman, or, in his absence, the Deputy Chairman, may, if he
thinks it desirable, adjourn the voting on any question to
another meeting of the Board. The Chairman, or, in his absence,
the Deputy Chairman, shall, in the event of an equal division,
have a second or castm^ vote.
16. The expressions "agriculture" and " workmen " in these
Regulations shall have the meanings given in Section 17 (1) of
the Corn Production Act, 1917.
17. The Warres Board shall be known under the title of " The
Agricultural Wae-es Board (England and Wales)."
18. Any question upon the construction or interpretation of
these Resriilations shall, in the event of dispute, be referred to
the Boarrl of Agriculture and Fisheries for decision.
Given under the Official Seal of the Board of Agriculture
and Fisheries, this twenty-eighth day of September, in
the year one thousand nine hundred and seventeen.
(L.S.) A D. , Hall,
Secretary.
242 Constitution of District Wages Committees in Scotland.
3. Wages for Agricultural Workers in Scotland.
MEMORANDUM DATED SEPTEMBER 22, 1917, OF THE BOARD OF
AGRICULTURE FOR SCOTLAND AS TO THE CONSTITUTION OF
DISTRICT WAGES COMMITTEES UNDER THE CORN PRODUCTION
ACT, 1917.
[The Crossheadings and Notes do not form part of the Memorandum as
issued by the Board, but have been added by the Editor.]
Division of Scotland into Districts. [Sch. 2 (1) of Act, p. 230.]
The Board of Agriculture for Scotland, in pursuance of the
powers conferred upon them by the Second Schedule to the Corn
Production Act, 1917? have divided Scotland into the following
districts for the purpose of certifying" representative joint com-
mittees (comprising a chairman and representatives of employers
of agricultural labour and of workmen employed in agriculture in
equal numbers), hereinafter referred to as District Wages Com-
mittees, whose principal statutory duty will be to fix minimum
rates of wages for work within their respective districts.
DISTRICTS INTO WHICH SCOTLAND HAS BEEN DIVIDED BY THE
BOARD OF AGRICULTURE FOR SCOTLAND FOR THE PURPOSE OF
CONSTITUTING DISTRICT COMMITTEES UNDER THE CORN PRO-
DUCTION ACT, 1917. (a)
(1) Counties of Shetland, Orkney, Caithness, and Suther-
land.
(2) County of Ross-shire Districts of Black Isle, Easter
Ross, and Mid-Ross, except the Parish of Lochbrooirj.
County of Inverness Districts of Inverness,
Aird.
Badenoch.
County of Nairn.
County of Moray.
(3) Counties of Banff, Aberdeen, Kincardine.
(4) County of Forfar.
County of Perth Central District.
Perth District.
Blairgowrie District.
Western District Parishes of Ardoch.
Dunblane, and Lecropt, Kincardine,
Kilmadock, Port of Menteith.
(a) COMBINATION DISTRICTS FOR ELECTING CENTRAL AGRICULTURAL
WAGES COMMITTEE. The 12 Districts specified in the list, which comprise all
the counties of Scotland, will be, but have not yet (October 21, 1917) been,
combined into 5 Combination Districts for the purpose of electing the Central
Committee.
Constitution of District Wages Committees in Scotland. 243
(5) Counties of Fife and Kinross.
(6) Counties of the Lothians and Peebles.
(7) Counties of Berwick, Roxburgh, and Selkirk.
(8) Counties of Dumfries, Kirkcudbright, and Wigtown.
(9) County of Ayr.
(10) Counties of Lanark, Eenfrew, Dumbarton, Stirling,
Clackmannan.
(11) County of Argyll.
County of Bute (including Arran).
County of Perth Highland District.
Western District Parishes of
Callander, Aberfoyle, Balquhidder,
Killin.
- (12) County of Inverness Lochaber and Insular Districts.
County of Ross Mid-Ross (Parish of Lochbroom only),
Western, South- Western, Lewis Districts.
Definitions of "Workmen" and "Agriculture" [s, 17, (a) (c)
of Act, p. 223.]
For the purpose of determining who are workmen employed in
agriculture, the Act defines "workmen" as including "boys,
women, and girls," and agriculture as including the use of land
as grazing, " meadow, or pasture land, or orchard, or osier land,
or woodland, or for market gardens or nursery gounds," i.e., in
addition to the ordinary meaning of arable cultivation.
Date by which Committees are to be Formed. [Sch. 2 (3) of Act,
p. 230.]
The Act contemplates the District Wages Committees being
formed by local initiative, but empowers the Board to fix a date by
which, if no effective District Committee has been so formed, it
will be the duty of the Board to form a committee for the district.
As the District Wages Committees grouped in combinations of
districts have to elect the Central Wages Committee, which com-
mittee in turn has to lay down certain rules for the guidance of
the District Wages Committees, the Board, desiring to have the
whole machinery for fixing minimum wages in working order as
soon as possible, have fixed 15th November as the date by which
District Committees should be formed.
Recognition and Certification of Committees. [Sch. 2 (2) of Act,
p\ 230.]
Where in any of the afore-mentioned districts the Board are
satisfied that a representative joint committee, comprising a
chairman and representatives of employers of agricultural labour
and of workmen employed in agriculture, in equal numbers, exists
for purposes which include the fixing of minimum rates of wages
244 Constitution of District Wages Committees in Scotland.
for workmen employed in agriculture, the Board will be prepared
to recognise and certify such a committee as a District Wages
Committee for the district, subject to any modification that may
be necessary in the event of the area within which any such
committee operates not coinciding exactly with the area of any
one of the districts afore-mentioned. Any such existing com-
mittee is therefore requested to report to the Board without delay
its area, its composition, constitution, and rules of procedure.
Where no such committee exists local efforts should be made
to form a committee. The Board will be prepared to recognise
and certify in terms of the Act as the District Wages Committee
for any of t^e afore-mentioned districts a committee, which may
be formed in this way before the prescribed date, similar in-
character to the committees referred to in the foregoing para-
graph.
Recommendations for Formation of Committees.
For the purpose of indicating what in their view constitutes a
representative joint committee for the purpose of the Act, and
with a view to facilitate the formation of such committees, Jie
Board make the following recommendations :
(1) That such committee shall consist of 5 representatives of
employers of labour and 5 representatives of workmen
and a chairman appointed by the 10 other members,
(2) that the Employers' Representatives shall be selected by
local or general organisations of employers of agri-
cultural labour approved by the Board,
(3) that the Workmen's Representatives shall be selected by
any association of workmen employed in agriculture
approved by the Board,
(4) that the committees comprise as far as possible representa-
tives of each kind of workmen (including* women
workers) employed in the district, and correspondingly
of employers of labour occupying the various types of
agricultural holding found in the district,
(5) that every effort should be made to ensure that the
representatives of both parties represent an actual
majority of employers and workmen in the district
respectively.
The Board reserve to themselves jbhe right, in cases where the
representative character of the committee in this sense is not
fully established to their satisfaction by the committee at the
time of applying for certification, to recognise and certify such
committee subject to the addition of such further members as the
Board may think fit to. nominate.
Constitution of District Wages Committees in Scotland. 245
When in any district the two groups of constituent bodies have
selected the respective representatives of employers and workmen,
each group should instruct one of their officers to intimate to the
other group the collection of members of the District Wages Com-
mittee, and to arrange for the first meeting of the District Wages
Committee, at which a chairman should be appointed. The intima-
tion of the formation of the committee with a statement of the
grounds on which the application for recognition and certification
is based should be made to the Board. For the purposes of
faciliating proceeding's under this paragraph, associations of
employers, or workmen proposing 1 to take action in any district
with a view to selecting- workmen's representatives for a District
Wages Committee, are invited to notify their intention to the
Board.
Expenses of Members of Committees, [s. 16 of Act, p. 223.]
The Act contemplates the payment of the expenses incurred
with the consent of the Board by any members of District Wa^es
Committees in the performance of their duties, and of any sums
paid (also with the consent of the Board) to any such members
by way of compensation for loss of time, in each case up to an
amount approved by the Treasury. No such amounts having 1 yet
been approved; the Board are not in a position to say more than
that they are prepared generally to consent to payments of this
nature, especially in view of the somewhat large areas of some of
the districts and the consequent expense of travelling.
Tenure of Office and Procedure of Committee. [Sell. 2 (9) of Act,
p. 231.]
The Board are authorised by regulation to prescribe the tenure
of office and procedure of a certified District Wages Committee.
This they will do in due course(a) ; but in the meantime they
think it sufficient to state that in their view three years would be a
suitable term of office for a District Wages Committee.
H . M. ConacJier,
Secretary.
Board of Agriculture for Scotland,
22nd September, 1917.
(a) REGULATIONS BY BOARD. No Regulations have yet (October 21, 1917)
been made.
Constitution, fyc., of Agricultural Wages Board for Ireland.
4. Wages for Agricultural Workers in Ireland.
(1) PROVISIONAL REGULATIONS DATED SEPTEMBER 15, 1917, MADE BY
THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUC-
TION FOR IRELAND AS TO THE CONSTITUTION AND PROCEEDINGS
OF THE AGRICULTURAL WAGES BOARD FOR IRELAND.
1. The Board shall consist of six members representing
employers, six members representing workmen, and four
appointed members.
2. The first members of the Board shall be:
Charles H. 0' Conor, Local Government Board, Dublin (Chair-
man).
E. M. Archdale, D.L., M.P., Riversdale, Ballycassidy, Co.
Fermanagh.
E. A. Butler, J.P., Popeshall, Skerries, Co. Dublin.
J. Clarke, J.P., Porthall, Strabane.
J. Kelly Grehan, Lisbride, Co. Roscommon.
Sir W. R. Nugent, Bart,, M.P., Donore, Multifarnham, Co.
Westmeath.
T. B. Ponsonby, D.L., Kilcooley Abbey, Thurles, Co.
Tipper ary.
Cornelius Buckley, County Councillor, Fair Hill Cottage, Cork.
Patrick Bradly, President, Irish Land Labour Association,
Patrick-street, Cork.
James Crangle, Culcavy, Hillsborough, Co. Down.
Thomas Foran, Irish Transport Workers' Union, Liberty Hall,
Beresford Place, Dublin.
James Murphy, President, Irish National Trade and Labour
League, Enniscorthy, Co. Wexford.
Timothy Raleigh, Pallassgreen, Co. Limerick.
Miss E. Margaret Cunningham. M.A., Trinity Hall, Dartry
Road, Dublin.
The Lord Killanin, Spiddal, Co. Galway.
Lady Russell, Olney, Terenure, Co. Dublin.
3. The said Charles H. O'Conor shall be Chairman of the
Board.
4. The first meeting of the Board shall be held on Tuesday,
the 18th day of September, 1917, at 11 o'clock, a.m., at 14,
St. Stephen's Green, North, Dublin, and meetings after the first
shall be held at times and places to be appointed by the Board, or
in default of appointment to be notified by the Chairman.
5. The Chairman may convene additional meetings of the
Board as and when he shall deem it necessary, and shall convene
an additional meeting on any occasion when he shall be requested
so to do by any writing signed by not less than five members of
the Board.
Constitution, $c., of Agricultural Wages Board for Ireland. 247
6. Save as hereinafter provided, the members of the Board
other than the Chairman shall be deemed to be appointed for one
year and shall be eligible for re-appointment.
7. A member of the Board who shall be absent from four
consecutive meetings shall be reported by the Chairman to the
Board and to the Department to have been so absent, and shall
cease to be a member, but may be re-appointed by the Department
if the Department shall think fit.
8. Vacancies in the Board shall be filled by the Department.
9. The meetings of the Board shall be open only to members of
the Board, the Secretary, and such other officers of the Board
whose presence shall be required.
10. The Chairman shall preside at all meetings of 'the Board at
which he shall be present. In case if his absence from a meeting
a Chairman for the occasion shall be selected by the members who
shall be present.
11. The decision of the Board shall be by open vote of the
To face page 246.
See now (Jan. 31, 1918) Regulations defining certain Bene-
fits or Advantages connected with Wages, printed in the
ADDENDA, pp. 610-612.
13. Minutes of the proceedings and decisions of the Board and
of the committees, if any, shall be regularly kept, and shall be
produced, if required, in accordance with any directions in that
behalf made by the Department.
14. Seven days' notice at least shall be given of any meeting
of the Board at which a resolution to fix a minimum rate of wages
is to be considered, and such notice of meeting shall vstate the
nature of the business to be transacted thereat.
15. An order of the Board whereby a minimum rate of wages
is fixed shall show the date from which the rate so fixed is to
operate, and whether such rate is to be in force until further order
or for a fixed period, and shall specify the period, if any, for which
such rate is fixed, and shall be subject to the statutory power of
the Board to cancel or vary a minimum rate fixed by them.
16. If at a meeting of the Board it shall appear to the Chair-
man that, by reason of inadequate attendance of representatives of
employers or of workers, a vote of the members present would not
fairly represent the opinions of the Board, the Chairman may
postpone to the next meeting, or next meeting but one, the vote
upon any resolution which shall be before the Board for considera-
tiontion, and notice of such postponement shall forthwith be given
to every member.
248 Constitution, fyc., of Agricultural Wages Board for Ireland.
17. A motion to vary or rescind a rate of wages fixed by the
Board during the period fixed by the Board for the operation of
such rates of wages shall not be considered except at a meeting
called upon ten clear days' notice of the time and place of the
meeting and of the terms of the intended motion.
18. The Board may appoint a committee or committees of its
own members to inquire and report with regard to the rate or rates
of wages in any district, and to make recommendations as to a
minimum rate of wages in such district, and at the meeting at
which any such committee is appointed may fix a date for the
meeting at which any report or recommendation of that Com-
mittee shall be considered by the Board.
19. In pursuance of the provisions of Part 2 of the Corn Pro-
duction Act, 1917, and of Section 2 of the Rules Publication Act,
1893, the Department of Agriculture and Technical Instruction
for Ireland hereby certify that on account of urgency the fore-
going Regulations with respect to the constitution and proceed-
ings of the Agricultural Wages Board (Ireland) should come into
immediate operation ; and accordingly the Department make
these Regulations to come into operation forthwith as Provisional
Regulations, (a)
Given under the, Official Seal of the Department this fifteenth
day of September, in the year One Thousand Nine
Hundred and Seventeen.
T. P. Gill,
Secretary.
(a) PROVISIONAL REGULATIONS. The effect of s. 12 (2) of the Corn Pro-
duction Act is to bring Regulations thereunder within s. 1 of the Rules Publica-
tion Act, 1893 (56 & 57 Yict. c. 66), and these Provisional Regulations have
(subject to annulment by Order in Council) effect until Statutory Rules are
made in accordance with the said section 1.
Constitution, fyc., of District Wages Committees in Ireland. 249
(2) PROVISIONAL REGULATIONS, DATED OCTOBER 19, 1917, MADE
BY THE DEPARTMENT OF AGRICULTURE AND TECHNICAL
INSTRUCTION FOR IRELAND AS TO THE CONSTITUTION, DUTIES,
MEETINGS, AND PROCEEDINGS OF DISTRICT WAGES COM-
MITTEES IN IRELAND.
1. The area for which a District Wages Committee shall be
appointed shall be the area defined in the Order of the Agricul-
tural Wages Board appointing such Committee.
2. A District Wages Committee (hereinafter called " the
Committee ") shall consist of four members representing
employers and four members representing workmen, who shall
be appointed by the Agricultural Wages Board for Ireland
(hereinafter . called "the Board"), and" one other person
nominated by the Department.
3. Before proceeding to appoint members of the Committee,
the Board shall give notice of their intention to make such
appointment in such manner as the Board think fit, with a view
to bringing the intended appointment of members to the know-
ledge of the persons affected, and shall not proceed to make any
appointment until the expiration of 14 days after such notice
shall have been given and in the appointment of members the
Board shall duly consider any representations which may be
made to them from the district for which the Committee is to act.
4. The Chairman of the Committee shall be the member of the
Board or other person nominated by the Department.
5. The duties of the Committee shall include the making of
recommendations to the Board in regard to the minimum rates
of wages for the various classes of agricultural workmen in their
district, and the carrying out of any of the Board's duties which
can be lawfully delegated to them under the Corn Production
Act.
6. The Committee shall meet as often as it is necessary to
properly carry out their work, and whenever required so to do by
the Board, and they shall sit from day to day until the business
before them has been disposed of.
7. The first meeting of the Committee shall be held on such
date as shall be fixed by the Board, and subsequent meetings
shall be held at times and places to be appointed by the
Committee in consultation with the Board.
8. Additional meetings of the Committee may be convened by
the Chairman as and when he deems necessary, and on a requisi-
tion signed by not less than three members of the Committee
being presented to the Chairman asking him to summon a
meeting of the Committee, and stating the purpose for which
it is proposed that the meeting should be held, it shall be the
Chairman's duty to call a meeting within four days of the date
of the receipt of such notice.
A quorum of the Committee shall be not less than five members.
9. Save as hereinafter provided the members of the Committee
shall be deemed to be appointed for one year.
10. A member, of the Committee who shall be absent from four
consecutive meetings shall be reported by the Chairman to the
Committee and to the Board to have been so absent, and shall
cease to be a member, but may be re-appointed if it be thought
fit to do so bv the Board.
250 Constitution, fyc. 3 of District Wages Committees in Ireland.
11. Vacancies on the Committee in the case* of members repre-
senting employers or members representing labourers shall be
filled by the Board, and in the case of the nominated member
shall be filled by the Department.
12. The meetings of the Committee shall be open only to the
members of the Committee, the Secretary, and such other officers
* of the Committee, if any, whose presence shall be required.
13. The Chairman shall preside at all meetings of the Com-
mittee at which he shall be present. In case of his absence from
a meeting, a Chairman for the occasion shall be selected by the
members present.
14. The decision of the Committee shall be by open vote of the
members present, each member having one vote.
15. Minutes of the proceedings and decisions of the Committee
shall be regularly kept, and copies thereof shall be sent within
three days of the date of meeting to the Board.
16. Seven days' notice shall be given to members of any meet-
ing of the Committee at which a resolution to recommend a
minimum rate of wages is to be considered, and such notice shall
state the nature of the business to be transacted thereat.
17. If at a meeting of the Committee it shall appear to the
Chairman that, by reason of inadequate attendance of representa-
tives of employers or of workers, a vote of the members present
would not fairly represent the opinions of the Committee, the
Chairman may postpone to the next meeting, or next meeting
but one, the vote upon any resolution which shall be before the
Committee for consideration, and notice of such postponement
shall forthwith be given to every member.
18. In case any question shall arise as to whether any proceed-
ings of the Committee have been duly conducted in accordance
with these Regulations, such question shall be determined by the
Board after receiving any information thereon from the parties
concerned which the Board may think fit to require.
19. The Secretary to the Committee shall be appointed by the
Board.
20. The Secretary shall be the Executive Officer of the Com-
mittee, subject in all matters to the control of the Committee.
21. These Regulations respectively shall be in force until they
shall be revoked or varied by the Department.
22. In pursuance of the provisions of Part II. of the Corn
Production Act, 1917, and of Section 2 of the Rules Publication
Act, 1893, the Department of Agriculture and Technical Instruc-
tion for Ireland hereby certify that on account of urgency the
foregoing Regulations with respect to the constitution and duties
of District Wages Committee and the meetings and proceedings
thereof, should come into immediate operation ; and accordingly
the Department make these Regulations to come into operation
forthwith as Provisional Regulations. (a)
Given under the Official Seal of the Department this nine-
teenth day of October, in the year One Thousand Nine
Hundred and Seventeen.
T. P. Gill,
Secretary,
(a) PROVISIONAL REGULATIONS. See footnote (a) to Reg. 19 of the Regula-
tions for the Agricultural Wages Board, p. 248.
Memorandum, as to Minimum Prices for Wheat and Oats. 251
5. Minimum and Maximum Prices for Grain in
Ireland.
MEMORANDUM, DATED SEPTEMBER, 1917, OF THE DEPARTMENT
OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND
AS TO DISPOSAL OF GRAIN CROPS, 1917-18, AND MINIMUM AND
MAXIMUM PRICES FOR GRAIN AS PRESCRIBED BY THE CORN
PRODUCTION ACT, 1917, AND THE FOOD CONTROLLER'S GRAIN
(PRICES) ORDER, 1917.
[The Notes, and the References to this Manual, do not form part of
the Memorandum, as issued by the Department, but have been
added by the Editor.]
GENERAL.
1. The Corn Production Act (pp. 210-233) applies to the United
Kingdom as a whole, with special modifications to suit the
respective circumstances of Ireland and Scotland.
Its object is to secure a larger area of cultivation and an
increase in home food production by the following methods :
1. Minimum Prices. A State guarantee to farmers of
minimum prices for the two principal grain crops, wheat and oats,
grown in the current year and in the next five years.
II. Minimum Wage. Machinery for securing a minimum
wage for agricultural labourers.
III. Cultivation. Measures for securing proper cultivation
and a further extension of the tillage area in Ireland.
2. The Pood Controller's Order(a) applies to the cereal crops of
the 1917 harvest and fixes maximum prices for these crops.
3. The Corn Production Act deals with minimum prices; the
Food Controller's Order(a) with maximum, prices. The one
guarantees that if the market price for wheat or oats in any year
goes below the minimum fixed for that year the State will make
good the difference to the farmer. The other fixes prices above
which it will not be legal to sell or buy wheat, oats, rye, or barley.
The minimum prices guaranteed by the Corn Production Act
cover a period of six years. The maximum prices of the Food
Controller's Order(a) apply to the 1917 crops, and may be con-
tinued, with or without alteration, until the conclusion of the
war, when they would cease to operate.
I. MINIMUM PRICES.
4. The guaranteed minimum prices for wheat and oats of the
1917 crops are :
WHEAT. OATS
s. d. s. d.
Per quarter (480 Ib.) 60 Per quarter (312 Ib.) 38 6
Per barrel (20 stone) 35 Per barrel (14 stone) 24 2
Per stone 1 9 Per stone 1 8^
These prices, it will be understood, represent an improvement
on those guaranteed by the Food Controller in connection with the
(a) FOOD CONTROLLER'S ORDER. The reference is to the '' Grain (Prices)
Order, 1917," p. 49.
252 Memorandum as to Minimum 1* rices for Wheat and Oats.
Food Production scheme at the beginning- of 1917. In the latter
case the price referred to a quarter of 504 Ib. for wheat and a
quarter of 336 Ib. for oats. (a)
5. If the market price keeps higher than the guaranteed price
no need will arise for calling the machinery of the guaranteed
price into operation. That machinery becomes operative only if
the market price is below the guaranteed minimum.
6. The market price is to be the average paid in the markets for
the seven months from the 1st of September in each year as
ascertained in accordance with the Corn Returns Act, 1882, and
published in the London Gazette. As regards Ireland the prices
published in the Dublin Gazette are to be substituted for those
published in the London Gazette. (to)
7 . If at the end of the seven months it is found that the market
price as above defined was below the guaranteed minimum the
grower becomes entitled to be paid a bonus or subsidy for every
acre of wheat or oats produced by him in the previous year. This
bonus or subsidy is based on an estimated yield per statute acre(c)
of 4 quarters of 480 Ib. (i.e., 1,920 Ib.) in the case of wheat, and of
5 quarters of 312 Ib. (i.e., 1,560 Ib.) in the case of oats. The
amount per statute acre to be so paid is therefore fixed in the case
of wheat at four times the difference between the average price
and the minimum price per quarter of 480 Ib. , and in the case of
oats at five times the difference between the average price and the
minimum price per quarter of 312 Ib.
8. If the land was negligently cultivated the payments to which
the occupier might be otherwise entitled might be withheld
altogether or diminished.
9. Where an occupier has let land to a conacre tenant, the
conacre tenant will be regarded as the occupier of such land for
the purpose of these payments during the year of his letting. (d)
10. In regard to the 1917 crop, the Department have already
announced (on September 15th) that the War Office would buy
oats in Ireland on and after the 15th November, when the 1917
crop would be fit for army purposes, and that they would be pre-
pared to buy at 3Ss. Qd. per quarter of 312 Ib. (the guaranteed
minimum price) on rail or in store, for clean sound oats in good
condition. The Department have advised farmers, , in order to
make the grain fit for army purposes, and for other reasons
mentioned below, to stack and thatch as much as possible of their
corn this season.
(a) " QUARTER," WEIOHT op. So too by Art. 13 (p. 52) of the Grain (Prices)
Order, 1917, relating to 1917 harvest the quarter of wheat is denned as a weight of
504 Ibs. or ^th more than the quarter of the Act, and the quarter of oats as
336 Ibs. or T Vth more than the quarter of the Act. Under the Wheat, Barley and
Oats (Prices) Order 1917 (p. 37), relating to 1916 harvest the quarter of wheat
and oats is that of the Act.
(b) C RN RKTURNS ACT 1882.-See S. 2 (2) of Corn Production Act (p. 211)
and footnote (b) thereto as to the 1882 Act.
(c) "STATUTE ACRE". S. 12 of the Weights and Measures Act 1878 (41 &
42 Viet. c. 49) enacts that the acre shall contain 4,840 square yards.
(d) CONACRE AGREEMENTS. See footnote (a) to s. 18 (2) (c) of the Act,
p. 226.
Memorandum as to Maximum Prices for Grain.
253
II. MAXIMUM PRICES.
11. The following are the maximum prices per quarter (a) as
fixed by the Food Controller's Grain (Prices) Order, 1917, ( p . 49),
and the equivalent prices to the nearest \d. per barrel and per
stone for wheat, rye, oats, and barley of this year's growth:
Wheat and Rye.
Oats.
Barley.
Period in which
Delivery is made.
per qr. perbrl.
(501 ' (20
Ib.) ' St.)
per
St.
per qr. per brl.
(336 i (14
Ib.) i St.)
per
St.
per qr.
(448
Ib.)
per brl.
(16
St.)
per
Bt.)
.--. . ;",().]
16. Damaged Grain. The special attention of farmers is
directed to the provision made for penalising those who do not
take the precaution to market their oats in proper condition. In
the Food Controller's Order it is expressly stipulated that a
deduction of at least 5s. per quarter (equivalent to 2s. lid. per
barrel of 14 stone, or 2%d. per stone) shall be made from the
standard price for oats that are improperly cleaned or contain an
undue quantity, of soil or oats tailings or dressings, or are other-
wise damaged. [Art. 4 (c) of Grain (Prices) Order, 1917, p. ().]
In the case of wheat, rye, and barley so damaged as to be unfit
for milling, and wheat, rye, and barley tailings and dressings, the
maximum prices shall be ascertained by deducting 7s. per quarter
from the standard rate for wheat and rye, and 7s. 9d. per quarter
from the standard rate for barley. [Art. 4 of Grain (Prices) Order,
1917; p. 50.]
17. Malting Barley. Where barley is bought by a licensed
manufacturer for the purpose of his business, or by a recognised
dealer for resale to such manufacturer, 5s. 3d. per quarter (or
2s. l%d. per barrel of 16 stone) may be added to the standard
rate. [Art. (b) of Grain (Prices) Order, 1917, p. 50.]
18. Seed. On transactions in grain that is of suifiriently good
quality to be used for seed there are to be no restrictions as to
price. But it is specifically provided that grain for which a
higher price' than the maximum is paid because of its suitability
for seed must be used for that purpose and for no other. Special
steps will be taken to ensure that this condition is strictly com-
plied with. [Art. 9 of Grain (Prices) Order, 1917, p. 51.]
19. Free buying and selling. Beyond these limitations as to
maximum prices for good grain of sound marketable quality and
a definite provision as to the remuneration to be claimed by
dealers for the handling of such grain as they purchase, there are
to be no restrictions on dealings in the produce of the current
year's corn harvest. Corn merchants or others are therefore free
to purchase, and farmers or producers are free to sell, at such
prices as they may think fit, provided the maximum figures as
prescribed are not exceeded.
20. Sale by Weight. The Order also prescribes that, after
31st August, 19.17, no person shall sell otherwise than by weight
any wheat, rye, oats or barley, whether imported or home-grown..
This provision does not apply to grain on foot or uii threshed.
[Art 10 of Grain (Prices) Order, 1917, p. 51.]
21. Barley for Fodder. Since 1st September, 1917, no person
other than a licensed manufacturer, may use anv barley (other than
screenings or barley that lias been so damaged as to be unfit for
milling) except for the purpose of seed, or in the process of manu-
facturing flour. [Barley (Restriction) Order, 191 7, p. 52.] This means
that after the date specified no barley except that which is unfit
for milling may be used for stock feeding purposes.
Memorandum on Restrictions as to Dealings in Cereals and Straw. 255
22. Use of Wheat and Rye for stock. Under the Wheat, Eye,
and Eice (Eestriction) Order of 20th April, 1917, (P. 41) the use of
wheat and rye for any purpose other than for seed or for manu-
facture into flour is prohibited ; but such prohibition does not
apply to tailings or screenings or to wheat or rye which has been
so damaged as to be unsaleable for milling.
23. Restriction on the use of Cereals for Horses. Under the
Horses (Eationing) Order No. 2 of 1917, dated 25th September,
1917, (p. e,l) restrictions are placed upon the feeding of cereals to
horses. Horses maintained and used exclusively for agricultural
purposes and Stallions used exclusively for stud purposes are,
however, excluded from the operation of this Order.
24. Rye for seed. -Except under licence from the Food Con-
troller, no person shall, before the 1st January, 1918, use any rye
of the 1917 crop for any purpose .other than seed. Prior to the
same date no person shall sell or otherwise dispose of rye except
to a person who is reasonably believed to require the rye for the
purpose of seed. [Winter Oats and Rye (Restriction) Order, Itfl7, p. 54.]
25. Straw. The sale of straw is controlled by the Army
Council Order dated 17th July, 1917. (a) Under this Order no
wheat or oat straw of the 1917 crop may be sold except under
licence issued by the duly authorised officers of the War Depart-
ment. Applications for sale under this Order must be made in
writing- to the District Purchasing Officer of the district in which
the straw is standing. These districts are as under :
DISTRICT No. 1. Comprising Carlow, Cavan, Dublin, Galway,
Kildare, King's Co., Leitrim (Southern part), Longford, Louth,
Mayo, Heath, Queen's Co., Eoscommon, Westmeath, Wexford,
Wicklow. The address of the Purchasing Officer for this district
is EOYAL HOSPITAL, DUBLIN.
DISTRICT No. 2. Comprising Antrim, Armagh, Deiry
(Eastern part), Down, Fermanagh (Southern part), Monaghan.
The address of the Purchasing Officer for this district is VICTORIA
BARRACKS, BELFAST.
DISTRICT No. 3. Comprising Donegal, Sligo, Tyrone, Derry
(Western part), and Northern parts of Fermanagh and Leitrim.
The address of the Purchasing Officer for this District is CITY
HOTEL, LONDONDERRY.
DISTRICT No. 4, Comprising Clare, Cork. Kerry, Kilkenny,
Limerick, Tipperary, Water ford. The address of the Purchasing
Officer for this district is 6, LAPP'S QUAY, CORK.
(a) STRAW. An epitome of the other provisions of this Order (of which the
full text will be printed in the " War Material Supplies Manual " now in course
of preparation) will be found in Appendix VI 10 (1) to the present Manual.
A further Order of the Army Council of the same date prescribes the maximum
prices for straw and chopped hay and straw which a producer and a seller
respectively may not exceed. Of this Order (which will likewise be printed in
full in the " War Material Supplies Manual ") an epitome will be found in
Appendix YI 10 (2) to the present Manual.
256 Memorandum as to Stacking, Thatching, and Threshing Corn
in Ireland.
Til. STACKING, THATCHING AND THRESHING.
26. Besides the increased maximum prices payable as the
season advances, there is another reason why the careful stacking
of corn crops should receive special attention this year. A large
number of grain stores may not be available, and there is every
likelihood of a shortage of suitable storage for the handling in the
ordinary way of the largely increased quantity of corn that will
come upon the market. In order, therefore, to obviate a glut
and a consequent serious delay in securing delivery of their pro-
duce, farmers would be well advised to make such arrangements
as will enable them to defer threshing until they are in a position
to find an outlet for the grain they have for disposal.
27. A. practice prevails in certain parts of the country where,
owing- to the threshing machines not being fitted with the proper
screens or sieves, a large proportion of rubbish (small corn, dust,
weed seeds, dirt and even small stones) is allowed to become mixed
up with the grain proper. The effect of this is to depreciate coii-
. siderably the value of the sample and lower the reputation of the
oats coming 1 from any district in which the practice obtains. Oats
so handled will bring at least 5*v. less per quarter, and cannot
command the minimum prices now guaranteed for standard
samples. The remedy is a simple one; the threshing machines
should be so " set " and worked as to ensure the separation of the
good, sound corn from rubbish of the nature referred to.
28. By co-operation among farmers in a particular locality as to
the employment of machines, much may be done to economise
valuable time at a critical period of the year. In the absence of
such co-operation a great deal of time is frequently lost through
machines being obliged to cover considerable distances going to
and fro over the same roads when moving from one farm to
another. This might easily be avoided if, by agreement among
the farmers concerned, applications for the use of the machine
were made in time to enable the owner to map out a systematic
itinerary for the whole district.
29. Farmers are strongly advised to make adequate provision
for having their corn made secure over-night when threshing is
in progress. Much damage to the grain often occurs when stacks
are left unprotected and rain falls during the night. Nor is this
all. There is also, in such cases, a great waste of time next day,
as after a heavy fall of rain over-night, threshing mills are
sometimes held up for several hours before work can be proceeded
with. For use in cases of this kind the most suitable cover is a
special rick cloth or tarpaulin, but in the absence of a special
cover much may be done to guard against injury by rain if a sheet
is made out of old sacks or manure bags and thrown over a
temporary "head" roughly shaped with hay, straw, or other
material.
BOARD OF AGRICULTURE AND FISHERIES. 257
[Attention is directed to the Introductory Note at p. Hi wliicli
states the scope and arrangement of this Manual.}
PART V.
[relating' to England and Wales only].
POWERS AND ORDERS OF THE BOARD
OF AGRICULTURE AND FISHERIES
UNDER THE DEFENCE OF THE
REALM REGULATIONS.(a) w
INTRODUCTORY NOTE TO PAET V.
(1) Contents of Part V. This Part of this Manual comprises
those 9 Regulations (2L, 2n, 2N (which is ancillary to the two
first named), 2NN, 2o, 2ft, 2s, 2T and 41AAA) which confer
express powers of " maintaining* the food supply of the country "
on the Board of Agriculture and Fisheries (those Regulations
being here printed as amended to October 21, 1917, and in the
form in which they apply to England and Wales), together with
the full text of all Orders now (October 21, 1917) in force made
by that Board and epitomes and notes of the Instructions and
Memoranda issued by the Board to Agricultural Executive Com-
mittees, &c., explanatory of the Orders.
This Part of the Manual is subdivided in the manner shown in
the Table at p. 259, each of the divisions which are arranged
according to the sequence of the code comprising one of the 8
principal Regulations(b) and grouped therewith the Orders and
Memoranda thereto relating.
(2) Duration of Powers of Board of Agriculture and Fisheries
under the Defence of the Realm Regulations. The powers of
the Board under the Regulations as to maintaining the food
supply of the country will cease to operate with respect to matters
dealt with in Part IV. of the Corn Production Act, 1917 (printed
pp. 216-221), on August 21st, 1918, or on the termination of the
War (whichever is the earlier), and thereupon Part IV. of the
said Act will come into operation (see Section 11 (3) of that Act,
p. 220).
(a) SCOTTISH AND IRISH AGRICULTURAL POWERS AND ORDERS. The
powers of the Board of Agriculture and Fisheries under the Defence of the
Realm Regulations are c.onfined to England and Wales. Parts VI. and VII.
of this Manual comprise the corresponding legislation, &c., affecting Scotland
aud Ireland respectively.
(to) REGULATION 2x. This, which is ancillary to Regs. 2L and 2>f, is repeated
in divisions 1 and 2 thereto relating.
3167 I
258 Constitution and General Powers of the Board of Agriculture
and Fisheries.
(3) Complete Official Editions of Defence of the Realm Regula-
tions, fyc. The plain text of the whole of the Defence of the
Realm Regulations reproduced under the authority of
Regulation 64 as one single Consolidated Code .(which
by successive additions now comprises over 200 Regula-
tions), and revised to the last day of each month, is
published at the commencement of the ensuing month.
In " the Defence of the Realm Manual," which will henceforth
be issued at half-yearly intervals (i.e., the editions will be revised
to May 31st and November 30th of each year), the Regulations
are accompanied by full editorial notes, by the full text of both
the enabling Acts and of the Departmental Orders made under the
Regulations with full notes, and by an analytical index to the
whole of the Defence of the Realm Legislation.
(4) Constitution and General Powers of Board of Agriculture
and Fisheries. This Board was established by the Board of
Agriculture Act, 1889 (52 & 53 Viet. c. 50), which transferred to
the new Board all the powers of the Land Commissioners for
England (to whom the powers of the Copyhold, Inclosure, &c.,
and Tithe Commissioners had in 1882 been transferred) and the
Diseases of Animals and Destructive Insects powers of the Privy
Council. The Board of Agriculture and Fisheries Act, 1903
(3 Edw. 7 c. 31), transferred to the Board the superintendence
of fisheries in England and Wales, and altered, the Board's style
accordingly. The Board consists of a number of H.M. Ministers
(52 & 53 Yict. c. 50, s. 1 (1) ), but in practice the President of the
Board (who is a Minister appointed ad hoc) alone acts. The
President is ex-officio a Commissioner of Woods (6 Edw. 7 c. 28,
s. 1) : his office is one of those immediate succession from one to
the other of which does not vacate a seat in the House of
Commons : a list of all such Offices is given in Appendix VII.
to this Manual.
As to the proof of Orders of the Board and provisions of the
Defence of the Realm Regulations and as to the construction of
such Regulations and Orders see Part X. of this Manual.
Reference to all the various enactments conferring powers on
the Board is afforded by the list of the Board's powers and duties
on p. 113 of the 1916 Edit, of the " Index to the Statutes in
Force."
This Part of this Manual contains only the Board's powers as
to the "maintenance of the food supply of the country" under
the Defence of the Realm Regulations powers derived from
Orders of the Food Controller being comprised in Part II.
The Board's other powers as to food production are dealt with
in other Parts of this Manual, and are capitulated under the
heading " Board of Agriculture and Fisheries " in the Index.
ALEXANDER PULLING.
Regulation 2L of the Defence of the Realm Regulations as 259
amended and applying to England and Wales.
TABLE OF CONTENTS OF PART V.
1. Increase of Cultivation of
Urban Areas, p. 259.
2. Under - Cultivated Land ;.
Agricultural Executive
Committees ; Drainage of
Land* p. 270.
3. Reduction of Acreage under
Hops, p. 316.
4. Keeping of Pigs, p. 319.
5. Destruction of Birds, Hares,
Rabbits, Vermin and Pests,
p. 320.
6. Destruction of Stray Dogs,
p. 334.
7. Supply of Horses for Agri-
culture, p. 335.
8. Cesser of Agricultural Em-
ployment, p. 340.
1. Increase of Cultivation of Urban Areas.
(1) REGULATION 2L OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO ENGLAND AND WALES,
AND REGULATION 2x IN THAT CONNECTION.
2 L . (1) Where the Board of Agriculture and Fisheries are Powers of
of opinion that, with a view to maintaining the food supply entry on and
of the country, it is expedient that they should exercise the ^^^M
powers given to them under this regulation as respects any maintenance
land, the Board may enter on the land and cultivate the land, or of food
arrange for its cultivation by any person either under a contract supply,
of tenancy or otherwise.
(2) The Board may after entry on any land do or authorise
to be done all things which they consider necessary or desirable
for the purpose of the cultivation of the land or for adapting
the land to cultivation, including fencing, and may also during
their occupation of the land or on the termination thereof remove
any such fencing or work of adapation.
(3) Any person who cultivates land under any such arrange-
ment shall, on the determination, by or on behalf of the Board,
of the arrangement, if the determination takes effect before the
first day of January nineteen hundred and nineteen, receive from
the Board such compensation as may have, been agreed under
the terms of the arrangement, or, in default of any such agree-
ment, as the Board may consider just and reasonable, and shall
not be entitled to any other compensation.
(4) On the determination of the occupation of any land by the
Board under this regulation, compensation shall be paid by the
Board to any person injuriously affected by the exercise of the
powers under this regulation, the amount of that compensation to
be determined, in default of agreement, by a single arbitrator
under and in accordance with the provisions of the Second
Schedule to the Agricultural Holdings Act, 1908. 8 E 7.
(5) The Board may with respect to any land authorise any c - 28 -
local authority to exercise on behalf of the Board any of the
powers of the Board under this regulation.
3167 I 2
260 Cultivation of Lands Order, 1917 (No. 2), applying to
England and Wales.
(6) A local authority authorised to exercise on hehalf of the
Board any of the powers of the Board under this regulation may
exercise such powers in respect of land of which the local
authority is owner or occupier and may retain the rents, and
profits arising from such exercise of these powers, but shall not
be entitled to receive from the Board any rent or compensation
for the use thereof or for the exercise by the local authority of
any powers under this regulation in respect of that land.
2 N . If any person without lawful authority enters or remains
on * an( * ^ w ^^ c ^ a Government department or any body or person
Prohibition
on unlawful
landoccupied authorised by a Government department is in possession under the
under
2L.
powers conferred by Regulation 2L, and on which notice of this
provision is conspicuously displayed, or damages any crops grow-
ing on any such* land, he shall be guilty of a summary offence
against these regulations.
(2) THE CULTIVATION OF LANDS ORDER, 1917 (No. 2), DATED
FEBRUARY 20, 1917, MADE BY THE BOARD OF AGRICULTURE
AND FISHERIES AS AMENDED BY THE CULTIVATION OF LANDS
ORDER, 1917 (No. 4), DATED APRIL 25, 1917.
1917. No. 188 as amended by No. 401.
Whereas under Regulation 2L of the Defence of the Realm
(Consolidation) Regulations, 1>14 (which was inserted in those
Regulations by Order in Council, dated the fifth day of December,
nineteen hundred and sixteen, and, as subsequently amended,
is set out at the foot of this Order), () the Board of Agriculture
and Fisheries (hereinafter referred to as " the Board ") are
empowered to exercise certain powers with a view to maintain
the food supply of the country and to authorise any Local
Authority to exercise those powers on behalf of the Board.
And whereas the Board are of opinion that for the purpose
aforesaid such Order should be made as is herein contained.
Now the Board of Agriculture and Fisheries do hereby autho-
rise the council of the administrative county of London and the
council of each municipal borough and urban district to exercise
on behalf of the Board the powers conferred by Regulation SL as
amended as respects any land within the county of London or the
borough or district, or which in the opinion of the council can
conveniently be cultivated by persons residing in the county of
(a) REGULATION 2L. This Reg. as so amended is printed at p. 259, and is
therefore not reprinted at the foot of this Order.
Cultivation of Lands Order, 19.17 (No. 2), applying to
England and Wales.
London or the borough or district, subject nevertheless to- the
provisions of this Order :
1. A council shall not enter on any garden or pleasure ground
occupied or usually occupied together with a dwelling-house and
shall not enter on any common land, as defined in this Order,
without a further consent given by the Board, or on any occupied
land; which is not within the county of London or in a county
borough, except with the written consent of the occupier of the
land or with the sanction of the War Agricultural Executive
Committee of the county, (a)
2. A council shall as soon as possible after entry on any land
t give notice of the entry to the owner of the land if he is not
the occupier thereof.
3. A council may in the case of occupied land agree to pay a
rent for the use thereof but not in excess of the rent payable by
the occupier for the land, or if held with other land, in excess
of a fair proportion of the total rent so payable, or where the
land is occupied by the owner, in excess of the annual value for
the purposes of income tax together with the tithe rentcharge
(if any).
4. A council may arrange with any society having for its
object the cultivation of vacant land for the cultivation of any
land on which the council has entered, and may delegate to such
society such of the powers of the council under this Order as may
be necessary for the purposes of the arrangement.
5. A council may purchase any seed manures or implements
required for the cultivation of the land and sell any article so
purchased to the cultivators, or allow their use of the implements
at a price or charge sufficient to cover the cost of purchase.
6. A council shall as far as practicable arrange that the pay-
ments made by the cultivators for the use of the land shall cover
the cost incurred by the council in providing the land or adapting
it for cultivation, and shall not incur any expenses in the exer-
cise of the powers hereby conferred (except in respect of com-
pensation payable under subsection (3) of Regulation 2L or
payable under subsection (4) of that Regulation in respect of
any deterioration of the land) which will involve the Board in a
liability to repay the council a total amount exceeding two pounds
for each acre provided by the council, (b)
(a) WAR AGRICULTURAL EXECUTIVE COMMITTEES. As to the constitution
of these Committees see the Cultivation of Lands Order 1917 (No. 3), made
March 15th, 1917, under Reg. 2M, and printed p. 273.
(b) EXCESS EXPENDITURE BY LOCAL AUTHORITIES. The Board of
Agriculture are not willing generally to increase their contribution beyond the
2 per acre already announced, but where it is shown to the satisfaction of that
Department that a larger expenditure, not exceeding an additional 2 an acre,
was reasonably incurred, the grant will be increased so as to cover one-half of
that excess, and the Local Government Board will be prepared, in the case of a
Local Authority whose accounts are subject to audit by. a District Auditor, to
sanction, under the Local Authorities (Expenses) Act, 1887, the expenditure
represented by the other half of the excess. (See Circular issued by the Local
Government Board, January 31st, 1917.)
3167 I 3
262 Cultivation of Lands Order, 1917 (No. 2), applying to
England and Wales.
7. An arrangement with a person or society for the cultivation
of the land shall be subject to determination by the council or
the Board at any time by notice to that person or society, and
shall not provide for payment of compensation to that person or
society in excess of the value at the time of quitting of the crops
growing on the land and the labour expended upon and manure
applied to the land since the taking of the last crop in anticipa-
tion of a future crop or provide for the payment of any com-
pensation if the determination takes effect on or after the
1st January, 1918.(a)
8. The land shall not be used for the production of vegetable
crops which continue productive for more than one year or for
grazing.
9. A separate account shall be kept by a council of all its
receipts and expenditure under this Order or the Order hereby
revoked, which shall at any time be open to inspection by an
officer of the Board.
10. In this Order the expression st common land " includes
any land subject to be enclosed under the Inclosure Acts, 1845
to 1882, and any town or village green and any other land subject
to any right of common.
11. The Cultivation of Lands Order of 1916(b) is hereby
revoked, but so that such revocation shall not affect the previous
operation of such Order or anything done under it, or affect any
right or liability acquired or incurred under such Order, and any
reference in any document to the Order hereby revoked shall be
construed as a reference to this Order.
12. This Order applies only to England and Wales.
13. This Order may be cited as the Cultivation of Lands Order,
1917 (No. 2).
In witness whereof the Board have hereunto set their Official
Seal this twentieth day of February, nineteen hundred
and seventeen.
Sydney Olivier,
Secretary.
(a) DATE OP DETERMINATION OF ARRANGEMENT. The Cultivation of
Lands Order, 1917 (No. 4), substitutes the date "1st January, 1919," for
"1st January, 1918," and being confined to such substitution is not printed
separately in this Manual.
(b) CULTIVATION OF LANDS ORDER OF 1916. This Order which was made
under Reg. 2L in the form in which it was introduced into the Code by Order
in Council of Dec. 5th, 1916, and before the powers of entry on land were
extended by Order in Council of Feb. 16th, 1917, as to occupied land is printed
as St. R. & 0., 1916, No. 852.
Powers conferred by Regulation 2i, and Cultivation of Lands 263
Order, 1917 (No. 2) in England and Wales.
(3) INCREASE OF CULTIVATION or URBAN AREAS. SUMMARY OF
MEMORANDA BY THE BOARD OF AGRICULTURE AND FISHERIES
AS TO THE POWERS CONFERRED BY REGULATION 2L AND THE
CULTIVATION OF LANDS ORDER, 1917 (No. 2).
/. General Object of Regulation 2L and Order (No. 2).
Regulation 2L as originally issued has been amended so as to
empower the Board to enter on any land, whether occupied or
unoccupied, without the necessity of obtaining the consent of the
owner or occupier. The Order delegates to the Allotment
Authorities in urban areas the powers conferred on the Board by
the Regulation as amended, subject to the restriction that,
except as regards land in the County of London or in a County
Borough, the Allotment Authority may not enter on occupied
land without the written consent of the occupier, unless they
obtain the sanction of the Agricultural Executive Committee of
the County.
The powers conferred by the Order should be exercised with
the greatest possible care and discretion. The object of the
Regulation and Order is to provide land for the purpose of
increasing the crops available for consumption by the public, and
their powers should not be used to interfere with land which
is already being fully cultivated, or with meadow or pasture land
of good quality the breaking up of which would involve consider-
able expenditure on restoration on the termination of the occu-
pation.
In view of the urgent importance of maintaining the milk
supply, land which is being used for the grazing of cows, or which
is otherwise essential for dairy purposes, should not be taken
under the Order.
//. Entry on Common Land.
[Art. 1 of Order No. 2, p. 261.]
Common land may be taken subject to the consent of the Board
in each case, but consent will not be given to any scheme which
would damage materially the natural beauty or amenities of a
common or which would seriously prejudice the interests of the
commoners or the public. Moreover, the Board will not consent
to schemes for the taking of parts of commons unless they are
satisfied that the local demand cannot reasonably be met from the
other classes of land.
3167 I 4
Powers conferred by Regulation 2L and Cultivation of Lands
Order, 1917 (No. 2) in England and Wales.
777. Tenure of Land Taken.
The Board or a Council can give up possession of the land at
any time, and this should be done whenever they are satisfied that
the land is required by the owner for immediate use for building
or other exceptional purposes.
I} 7 . Rent payable by Councils for Land Taken.
(i) No rent will be payable by a Council for any unoccupied or
common land taken under the Order.
(ii) The Council should endeavour to arrange the amount of
rent to be paid in accordance with paragraph 3 of the Order for
any occupied land taken under the Order. It is not necessary that
the question of rent or compensation for the use of the land
should be settled before entry on the land by the Council, but
before entering on any land the Council should satisfy them-
selves that there is a reasonable probability that the payments
which will be made by the cultivators will be sufficient to recoup
the probable outlay by the Council.
V. Letting of Land Taken.
[Art. 4 of Order No. 2, p. 261.]
Land taken under the Order may be let by the Local Authority
for cultivation in small allotments either to a society or to
individual cultivators. Councils are advised where possible to
arrange for the letting to or through the agency of any existing
society operating in its district or to one formed for the purpose,
and power is given by the Order to delegate to such society all the
powers of the Council except the actual taking of the land. In
the case of land let to individual cultivators it has been found by
experience that as a general rule 10 rods is sufficient for each
cultivator.
VI. Rent payable by Cultivators.
[Art. 3 of Order No. 2, p. 261.]
Councils should arrange as far as possible that the expenses of
providing land should be recouped by payments made by the
cultivators. In the case of unoccupied or common land, where no
rent is paid by the Council, it may not be necessary to charge
more than a nominal rent to the cultivators, but if rent is paid
by the Council for occupied land the rents charged should be
sufficient to cover the payments.
Powers conferred by Regulation 2L and Cultivation of Lands 265
Order, 1917 (No. 2) in England and Wales.
VII. Rates on Land Cultivated.
(i) The Local Authority are, under the Order, acting as the
agents of the Board of Agriculture and Fisheries, and the land
taken may be regarded as Crown land and thus not subject to
rates. The cultivators will not be in the position of ordinary
tenants, but rather in that of users of the land by permission of
the Local Authority for the express purpose of increasing the
total food supply of the country, and in these circumstances they
may be regarded as not liable for the payment of rates.
(ii) In the case, however, of occupied land taken under the
Order it will as a rule be reasonable that an equivalent of the
rates which have hitherto been paid in respect of the land, or
would have been payable under normal conditions, should be forth-
coming; and it is desirable either that the terms made with the
occupier from whom the land is taken should provide that he
should continue to pay the rates, or that the Local Authority
should themselves be responsible for the payment and include a
suitable charge in the rents to be paid by the cultivators.
(iii) In the case of the cultivation of a garden attached to a.
house which is unoccupied any rates payable will be assessed on
the garden alone, and the value of the house will not be taken
into account.
VIII. Adaptation of Land for Cultivation.
[Reg. SL (2), p. 259.]
Councils are authorised to do all things which are necessary or
desirable to adapt any land taken for cultivation, including
fencing, but it would obviously be unprofitable to incur any
considerable expense on land held for a short and uncertain
Eeriod. In some cases it may be essential to provide fencing,
ut, as a general rule, the responsibility of protecting the plots
should be placed on the cultivators themselves. Councils who
have horses and the necessary implements available can render
valuable assistance by breaking up the land in the first instance.
IX. Provision of Seed, Manures or Implements.
[Art. 5 of Order No. 2, p. 261.]
The Order authorises Councils to provide seed, manures or
implements at cost price to the cultivators. It will therefore be
possible to arrange for the purchase in bulk of seed potatoes, for
instance, a form of assistance which would be of the greatest
possible value. If there is a military camp in the neighbourhood
it will often be possible to obtain manures at very reasonable
rates.
266 Powers conferred by Regulation 2L and Cultivation of Lands
Order, 1917 (No. 2) in England and Wales.
X. Restrictions on Use of Land Taken.
[Art. 8 of Order No. 2, P. 262.]
Land taken under the Order may not be used for the produc-
tion of vegetable crops which remain productive for more than
one year, or for grazing. The limited period of occupation makes
it undesirable to allow such crops as rhubarb or asparagus,
which can be grown profitably only when several crops can be
taken, and the principal object of the scheme is to stimulate the
growth of substantial foodstuffs, such as potatoes, rather than
luxury crops. The use of land for grazing is prohibited in order
to secure the greatest possible production from the land. It is
not, however, intended to prohibit the keeping of poultry, rabbits,
&c., if a Council thinks this is desirable in combination with the
cultivation of the land.
' XL Cultivation of Land Owned, #c., by Local Authority.
[Reg. SL (6), P. 260.]
Some Local Authorities have sought power to utilise for culti-
vation land in their own possession which is not immediately
needed for the purpose for which it was acquired by, or trans-
ferred to, the Council and which can be used for the purpose of
cultivation consistently with the trusts (if any) affecting the
land, and they have assured the Board that this can be done
without expense to the State. It is not thought that public
recreation grounds in populated areas which are turfed
and are used to any substantial extent for recreation can with
advantage be broken up, but there is much public land which
does not fall within this category, and the Regulation accord-
ingly provides that a Council may arrange for the cultivation of
such land, either under a contract of tenancy or otherwise, and
may retain any rents or profits arising from the use of such
land, provided that no claim is made on the Board for any finan-
cial assistance by way of rent, compensation, or other payment.
XII. Direct Cultivation of Land by Local Authorities.
If a Local Authority, having possession of a piece of land
suitable for the purposes of the Order, find that they cannot
dispose of it to cultivators, and that it would be left idle unless
cultivated by the -Council themselves, there is no objection to
direct cultivation by the Local Authority, if they would thus be
able to take advantage of spare labour which would not in any
case be employed on food cultivation. The primnry aim, how-
ever, of the policy of the Government is to promote the voluntary
efforts of urban inhabitants to cultivate available lands in their
spare time.
Powers conferred by Regulation 2L and Cultivation of Lanjdf
Order, 1917 (No. 2) in England and Wales.
XIII. Cultivation of Gardens and Pleasure Grounds ;
Food Production Committees.
[Art. 7 of Order No. 2, P. 262.]
The Order expressly excepts from compulsory acquisition
gardens or pleasure grounds occupied or usually occupied with
a dwelling house. It is considered that it would not be fair or
reasonable to take over such land without the consent of the
owner, but if such consent can be obtained, Local Food Produc-
tion Committees could do most useful work by organising \
arrangements for the cultivation of gardens attached to empty
houses.
It is suggested that this work might be organised on the
following lines. A Food Production Committee, consisting of
members of the Council and other local residents, might be
appointed if this has not already been done. This Committee
should then arrange for a public meeting to draw attention to
the need for this work, to invite voluntary workers, including
those who can give part of their time at regular stated periods,
and to enlist the assistance of professional gardeners in the
neighbourhood. Volunteers should be sought from all classes,
and in particular the assistance of women should be invited. If
a Women's War Agricultural Committee is in existence in the
district, their co-operation should be enlisted.
Lists of suitable vacant gardens should be prepared and the
permission of the owners obtained to allow their cultivation as a
purely temporary war measure. It should be made clear to the
owners that they are only asked to allow the use of the land for
cropping this year, and that possession will be surrendered at once
without making any claim for compensation if the house should
be let. When the owner's permission has been obtained,
arrangements should be made either to allot separate pJots to
individuals who have volunteered to work or to organise the
cultivation of the whole garden on co-operative lines. In either
case provision should be made so that the cultivators may obtain
expert advice from professional gardeners or other competent
persons.
Each district will be able to organise a scheme of this kind on
the lines most suited to its own locality. In the urgent need
for increased food production no means to that end should be
neglected, and it will often be the case that any spare-time labour
available can be employed to greater advantage in r^^iVaii no-
garden ground which has until recently been under cultivation
than in breaking up vacant building sites.
XIV. Compensation on Quitting.
[Reg-. 2L (4), p. 259 ]
(i) The Regulation provides that claims for compensation in
respect of land upon which the Council has entered under the
Regulation may be determined, in default of agreement, by a
single arbitrator under, and in accordance with, the provisions
in the second schedule of the Agricultural Holdings Act, 1908.
268 Powers conferred by Regulation 2L and Cultivation of Lands
Order, 1917 (No. 2) in England and Wales.
[Reg. 2L (3) ; Art. 7 of Order No. 2, P. 262.]
(ii) Cultivators of land taken tinder the Order will not, in
normal circumstances, be entitled to any compensation on
quitting, as the possibility of retaining possession after the end
of the war until the growing crop is secured should allow of
arrangements being made so that the land should be vacated at a
time of year and with sufficient notice to obviate any loss to the
cultivators. But the Order provides that if in any case the
tenancy of an allotment is terminated prior to 1st January, 1919,
compensation may be paid in accordance with paragraph (3) of
the Regulation and article 7 of the Order.
(iii) Any compensation payable as above, either to owners or
cultivators, will be defrayed by the Board.
XV. finance.
[Art. 6 of Order No. 2, p. 261.]
In exercising their powers under the Order, Councils will be
acting on behalf of the Board, and no charge will fall on the local
rates. It is hoped that in most cases the expenses of providing
land will be recouped by the payments from the cultivators, but
any deficiency will be met by the Board, provided that, apart
from the compensation referred to in the preceding paragraph, it
does not exceed a total sum of 2 for each acre taken by the
Council. Within this limit Councils are authorised to incur
expense in carrying out their powers under the Order. A
separate account must be kept of all receipts and expenditure
under the Order, which will be open to inspection at any time by
an Officer of the Board, and the Board will settle any claim by a
Council as soon as the occupation of the land terminates.
The Board are not willing generally to increase their contribu-
tion beyond 2 per acre, but where it is shown to the satisfaction
of the Board that a larger expenditure, not exceeding an addi-
tional 2 an acre, was reasonably incurred, the grant will be
increased so as to cover one-half of that excess, and the Local
Government Board will be prepared, in the case of a Local
Authority whose accounts are subject to audit by a District
Auditor, (a) to sanction, under the Local Authorities (Expenses)
Act, 1887 (50 & 51 Viet. c. 72), the expenditure represented by
the other half of the excess.
(a) LOCAL AUTHORITIES ACCOUNTS SUBJECT TO DISTRICT AUDITORS AUDIT.
The accounts of the London County Council and those of every Urban
District Council are subject to such audit. Of Municipal Borough Councils the
accounts are, in the cases of the boroughs of Aber^stwith, Barnsley, Bourne-
mouth, Chelmsford, Cheltenham, Christchurch, Dover, East Ham, Hastings,
Ilkeston, Lancaster, Llanelly, Margate, Merthyr Tydfil, Monmouth, Newbury,
Newcastle-under,-Lyme, Plymouth, Pontefract, Poole, Shrewsbury, Southampton,
outhend-on-Sea Swindon, Totnes, Tunbridge Wells, Warrington and Wey-
mouth, likewise subject under the provisions of Local Acts and Provisional
Orders to such audit. In the great majority of boroughs the accounts are
audited by two elective auditors and an auditor appointed by the Mayor
(Municipal Corporations Act, 1882, 45 & 46 Yict. c. 50 ss. 27-29).
Powers conferred by Regulation 2~L and Cultivation of Lands 269
Order, 1917 (No. 2) in England and Wales.
XVI. Local Control.
The President is most anxious that Local Authorities who are
familiar with local conditions, should be free to use their own
discretion to the fullest extent and that they should be as little
fettered as possible by departmental control.
The Government consider it of the utmost importance that full
effect should be given to the Order, but they realise this can
only be done if there is a real driving power in each district. As
a rule this driving power must come from the Local Authority,
and it is therefore desirable that, where satisfactory measures
have not been adopted by voluntary organisations, the Local
Authority should immediately take all necessary steps to secure
a full cultivation of available land within their district. For this
purpose it may be well to appoint a working Committee which
will inspire general confidence to carry the scheme into full
execution. It is essential for the success of the scheme to secure
the active co-operation of women in order that female labour
should be utilised as fully as possible.
XVII. Appeal to Owners and Occupiers of Land.
In many parts of the country there are considerable areas of
land which, though technically occupied, are not fully cultivated
owing to shortage of labour or other causes. Such land, especially
if it is close to urban areas where spare-time labour for more
intensive cultivation is available, might with great advantage
be used temporarily for the purposes of the Order. The Board
feel sure that owners and occupiers will be ready to assist Councils
by placing suitable portions of such land at their disposal and
that many of them will be willing in addition to give materials
for fencing and help in laying out the plots and preparing the
soil.
170
Regulation 2n of the Defence of the Realm Regulations so far as
applying to England and Wales.
2. Under - Cultivated Land ; Agricultural
Committees ; Drainage of Land.
Executive
(1) Regulation *2M of the Defence
[(2)-(6) relate to Committees and Cultiva-
tion.]
(2) Cultivation of Lands Order,
1917 (No. 3), p. 273.
(3) Agricultural Executive Com-
mittees (Organization and
Finance) Summary of Mem-
oranda, fyc., p. 277.
(4) Taking Possession of Land ;
Arrangements for Cultiva-
tion ; Letting ; Summary of
Memoranda, *c., p. 292.
(5) Determination of Tenancies ;
Summary of Memoranda, Sec., \
p. 300. "
(6) Compensation Claims ; Sum-
mary of Memoranda, *c, j
p. 304.
of the Realm Regulations, p. 270.
[(7)-(ll) relate to Drainage.]
(7) Drainage of Land Order,
1917, p. 307.
(8) Maintenance of Banks and
Cleansing of Channels ;
Summary of Memorandum,
p. 309. '
(9) Obstruction of Streams and
Rivers ; Summary of Mem-
orandum, p k 311.
(10) Drainage of Lands Order,
1917 (No. 2), p. 313.
(11) Drainage of Lands and
Protection from Floods ;
Summary of Memorandum,
p. 314. '
(1) REGULATION 2M OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO ENGLAND AND WALES
AND REGULATION 2N IN THAT CONNECTION.
md not 2 M . (1) Where the Board of Agriculture and Fisheries,
altivated so after such consultation with the Food Controller(a) as may be
3 to increase arranged, are of opinion that, with a view to maintaining the
3od supply. 00( j g U pply O f the country, it is expedient that they should
exercise the powers given to them under this regulation, the
Board may
(a) enter on and take possession of any land which in their
opinion is not being so cultivated as to increase, as
far as practicable, the food supply of the country,
and, after entry thereon, do all things necessary or
desirable for the cultivation of the land or for adapt-
ing it for cultivation ; and for such purposes enter on
and take possession of any buildings on the land or
convenient for such purposes ; and
(fo) take possession of any machinery, implements of hus-
bandry or plant (other than machinery, implements
% or plant in the possession or under the control of a
dealer or manufacturer), or any farm produce, stock
or animals, which, in the opinion of the Board, are
required for the cultivation of land or the increase
of the food supply of the country ; and
(a) FOOD CONTROLLER. As to the constitution and powers of the Ministry
of Food, see Part I of this Manual.
(b) TAKING POSSESSION AND CULTIVATION OF LAND. See Summary of
Memoranda by Board (4), p. 292.
Regulation 2M of the Defence of the Realm Regulations so far as
applying to England and Wales.
(c) provide housing accommodation for persons employed for
any such purposes hy taking possession of any land or
unoccupied premises; and
(d) utilise any water supply or motive power for any such
purposes ; and
(e) by notice served on the occupier of any land require
him to cultivate the land in accordance with such
requirements as the Board may think necessary or
desirable for maintaining the food supply of the
country and may prescribe in the notice(a) ; and
(/; by notice served on the tenant of any land which or part
of which, in the opinion of the Board, is not being
so cultivated as to increase as far as practicable the
food supply of the country, determine his tenancy
of the land on such date as may be specified in the
notice, or on the application of the landlord by order
Inm - xn n n -L- ciinTi /->QP^ frt rlo-J-ovmTno. -flip
To face page 270.
See now (Jan. 31, 1918) Regulation SM as amended to this
date and Cultivation of Lands Order, 1918, and 'Circular
accompanying same, all of which, with Cultivation of
Lands (County Boroughs) Order, 1917, are printed in the
ADDENDA, pp. 616-628.
of channels as is mentioned in section fourteen of the
Land Drainage Act, 1847, (c) and subject to, and
after the expiration of seven days from, the service of
such notice as is required by that section, exercise
such powers of executing all necessary works and
recovering the expenses thereof as are by that section
conferred on the proprietor or occupier of any land
which is injured by any such neglect, and for any
such purppse enter on any land without any warrant
or authority; and
(i) by notice served on the occupier or person in control of
any dam, mill, lock, sluice, weir, or other obstruction
of the flow of water in any river or stream, require
such occupier or person to keep open any mechanical
appliance by which the flow of water is regulated
during such times and in such manner as the Board,
having regard to the use by such occupier or person
(a) EFFECT OF NOTICE ON CONTRACT OF TENANCY. Xee Part XI (2)
"Relief from certain liabilities arising from Contract of Tenancy," of this
Manual.
(b) DETERMINATION' OF TENAVPY. The Boards' powers under par. (f) are
excepted from those delegated to War Agricultural Executive Committees. Fee
Art. 3 of the Cultivation of Lan Is Order, 1917 (No. 3) p. 275, and Summary of
Memoranda by Board ( r >), p. 30".
(c) LAND 'DRAINAGE ACT, ; 847 10 & 11 Viet. c. 38.
272 Regulation 2M of the Defence of the Realm Regulations so far as
applying to England and Wales.
of the obstruction and of the water thereby im-
pounded, consider to be necessary or desirable for the
prevention of floods or for the draining of land adjoin-
ing- or near the river or stream(a) ; and
(;) where, in the opinion of the Board, any land is injured
or likely to be injured by flooding or inadequate
drainage which might be remedied wholly or partially
by the exercise of powers which are conferred by any
general or local Act, or by any award made under any
Act, or by any Commission of Sewers, and which are
not being exercised or in the opinion of the Board are
being insufficiently exercised, exercise any such
power and also any power conferred by any such Act
or award or commission for defraying the expenses so
incurred or for any purpose incidental to the exercise
of any such power. (b)
(2) An occupier of land may, with a view to maintaining
the food supply of the country, submit to the Board a scheme
for the cultivation of the land in a manner not consistent with
the contract of tenancy of the land, and the Board, if satisfied
that the adoption of the scheme is necessary or desirable for
the maintenance of the food supply, may direct that the land
shall be cultivated in accordance with the scheme, subject to
any modification which the Board may think fit to make therein.
(3) An occupier of land on whom a notice is served or to
whom a direction is given by the Board under the preceding
provisions who negligently or wilfully fails to cultivate the land
therein referred to in accordance with the requirements of the
notice or direction, shall be guilty of a summary offence against
these regulations.
(4) If the Board at any time withdraw from possession of
any land of which possession has been taken under this regulation,
they may recover from the person then entitled to resume occupa-
tion of the land such amount as represents the value to him of all
acts of cultivation or adaptation for cultivation executed by the
Board ; such amount to be determined, in default of agreement,
by a single arbitrator under and in accordance with the provisions
3 Edvr. 7, f the Second Schedule to tlie Agricultural Holdings Act, 1908.
(5) Any person authorised by the Board in that behalf may,
for the purposes of this regulation and upon production if so
required of his authority, enter on and inspect any land or
building and inspect any machinery, implements of husbandry,
farm stock or produce thereon.
(6) The Board may with respect to any land or land in any
district authorise any person or any body constituted by the
Board for the purpose to exercise on behalf of the Board any of
(a) POWERS UNDER PARS. (/>) AND (). See (7) The Drainage of Lands
Order, 1917, p. 307, and Memoranda of the Board thereunder, pp. 309, 311.
(b) POWERS UNDER PAR. (j). See (10) The Drainage of Lands Order, 1917
(No. 2), p. 313, and (11) Memorandum of the Board thereunder, p. 314.
Cultivation of Lands Order, 1917 (No. 3) relating to War Agri-
cultural Executive Committees in England and Wales.
273
the powers of the Board under this regulation and prescribe the
procedure of any such body, and the authentication of any notice
or other instrument issued by anybody or person so authorised, (a)
(7) The powers conferred on the Board by this regulation
shall be in addition to and not in derogation of any other powers
of the Board.
(8) In this regulation the expression "cultivation " includes
use for grazing and the expression "cultivate" has a corre-
sponding meaning,
[Sub-articles (9) and (10) which relate solely to Scotland and
Ireland are omitted from, this reprint .]
(11) Any notice under this regulation may be served on the
person to whom it is to be given, either personally or by leaving
it for him at his last known place of abode, or by sending it
through the post in a registered letter addressed to him there. (b)
2 N . If any person without lawful authority enters or remains Prohibition
on land of which a Government department or any body or ntry&c o
person authorised by a Government department is in possession lan(i occu '
under the powers conferred by Regulation 2M and on which notice p i e d under
of this provision is conspicuously displayed, >or damages any crops Reg. 2M.
growing on any such land, he shall be guilty of a vsummary
offence against these regulations.
() THE CULTIVATION OF LANDS ORDER, 1917 (No. 3), DATED
MARCH 15, 1917, MADE BY THE BOARD OF AGRICULTURE AND
FISHERIES UNDER REGULATION SM OF THE DEFENCE OF THE
REALM REGULATIONS.
1917. No. 254.
Whereas under Regulation 2M of the Defence of the Realm
(Consolidation) Regulations, 1914 (which was inserted in those
Regulations by Order in Council, dated the tenth day of January,
nineteen hundred and seventeen, and, as amended is, so far as
the same is applicable to England and Wales, set out at the
foot of this Order), (c) the Board of Agriculture and Fisheries
(hereinafter referred to as " the Board") are empowered,
after such consultation with the Food Controller(d) as may be
(a) ORDERS UNDER REG. 2n AND AGRICULTURAL EXECUTIVE COMMITTEES.
See (2) the Cultivation of Lands Order, 1917 (No. 3), below, and (7), (10) the
Drainage of Lands Orders, pp. 307, 313.
(b) SERVICE BY POST. See provisions of s. 26 of Interpretation Act, 1889
(52 & 53 Yict. c. 63) as to time when service by post is deemed to be effected.
(c) REGULATION 2M. This Reg. as amended is printed at p. 270, and is there-
fore not reprinted at the foot of this Order.
(d) FOOD CONTROLLER. As to the constitution and powers of the Ministry
of Food, see Part I. of this Manual.
274 Cultivation of Lands Order, 1917 (No. 3) relating to War Agri-
cultural Executive Committees in England and Wales.
arranged, to exercise certain powers with a view to maintaining
the food supply of the country, and to authorise any person, or
any body constituted by the Board for that purpose, to exercise
on behalf of the Board the powers conferred on the Board by
Regulation 2M., and to prescribe the procedure of any such body
and the authentication of any notice or other instrument issued
by any body so authorised.
And whereas the Board, after consultation with the Food Con-
.troller, made under Regulation SM, the Cultivation of Lands
Order, 1917, dated the 19th January, 1917 : (a)
And whereas the Board, after consultation with the Food
Controller, are of opinion that for the purpose aforesaid the said
Order should be revoked, and that such Order as is herein con-
tained should be substituted therefor.
Now the Board of Agriculture and Fisheries do hereby order
as follows :
1. The persons who are for the time being appointed by a
county council of an administrative county to act as members
of the War Agricultural Committee for the county are hereby
constituted as the body to exercise in manner herein provided
the powers conferred on the Board by Regulation SM which are
hereby authorised to be so exercised. (b)
2. The body hereby constituted shall maintain an executive
committee consisting (1) of members appointed by the said body,
not less than four nor more than seven in number, unless the
Board otherwise direct, and (2) of such additional members as
the Board may appoint. In the case of a county in Wales
(including Monmouthshire), two of the members so appointed
by the body hereby constituted shall be the members representing
the council of the county on the Welsh Agricultural Council. (c)
Until an executive committee is appointed in accordance with
(a) CULTIVATION OF LANDS ORDER, 1917. This Order which was made under
Reg. 2M in the form in which it was introduced into the Code by Order in
Council of Jan. 10th, 1917, and before the powers thereof were extended by
Order in Council of March 13th, 1917, is printed at pp. 259-261 of the February,
1917, Edition of the Defence of the Realm Manual. It is revoked by Art, 15 of
the present Order.
(b) POWERS OF COMMITTEES. These War Agricultural Executive Committees
exercise powers under the Cultivation of Lands Order, 1917 (No. 2) (p. 260), and
under the Drainage of Lands Orders (pp. 307, 313), the Pheasants (Rearing)
Order, 1917 (p. 323), the Destruction of Pheasants Order, 1917 (No. 2) (p. 324),
the Rabbits Order, 1917 (p. 331), and the Rookeries Order, 1917 (p. 328), as
well as under Reg 2M, as by the present Order provided.
There is also a War Agricultural Executive Committee for the City of Bir-
mingham (see footnote (a) to Art. (4) of the Rabbits Order, 1917 (p. 331) ),
which has the same powers as the County Executive Committee's powers under
the Cultivation of Lands Order, 1917 (No. 3) and the Drainage of Land Orders
(pp. 273, 307, 313).
(c) WELSH AGRICULTURAL COUNCIL. This Council was constituted by
Order of the Board of Agriculture and Fisheries in 1912 for the purpose of
advising the Board with regard to all questions relating to Agriculture in
Wales. The members were nominated by the Welsh County Councils, the
Welsh University Colleges and the Board.
Cultivation of Lands Order, 1917 (No. 3) relating to War Agri- 275
cultural Executive Committees in England anji Wales.
this provision, an executive committee of the War Agricultural
Committee existing at the date of -this Order may act as the
executive committee for the purposes of this Order. If any
vacancy occurs among those members of an executive committee
who are appointed by the body hereby constituted, the executive
committee may appoint any person to fill the vacancy so arising.
3. The body hereby constituted for a county, acting through
the executive committee, may on behalf and at the expense of
the Board, but subject to such directions as to approval of expendi-
ture or otherwise as may from time to time be given by the
Board, exercise within the county any of the powers of the Board
under Regulation M (except the powers conferred by paragraph
(1) (/) of that Regulation) and appoint such officers(a) and incur
such expenses(b) as the committee may consider necessary or
expedient for such purposes ; provided always that the committee
shall not enter on or take possession of any common land as
defined by this Order, without a further consent given by the
Board. The rights of any person dealing with the committee
shall not be affected by any question as -to compliance by the
committee with any directions so given by the Board to the com-
mittee, or the requirement of consent in the case of common land.
4. An executive committee shall from time to time report
their proceedings to the body constituted by this Order for the
county, but the acts of the committee shall not be subject to
confirmation by that body.
5. A member of an executive committee shall not take part in
any decision of the committe which relates to land of which he
is the owner or occupier, or the agent of the owner or occupier, or
enter into any contract with the committee, unless such contract
has been approved by the Board.
6. Accounts shall be kept by an executive committee of their
receipts and expenditure and be open to inspection by any officer
r of the Board and those accounts shall be made up and audited
in such manner as the Board shall direct.
7. An executive committee shall appoint a chairman of the
committee. At any meeting at which the chairman is not
present a person appointed by the meeting shall be entitled to act
as chairman of the committee. At any meeting of an executive
committee the chairman shall, in case of an equal division of
votes, have a second or casting vote.
8. The quorum proceedings and place of meeting of an execu-
tive committee shall be such as the committee determine.
9. The proceedings of an executive committee shall not be
invalidated by any vacancy among its members, or by any defect
in the appointment or qualification of any of its members.
(a) STAFF OF EXECUTIVE COMMITTEE. See Memorandum and Suggestions
by the Board, printed as (3) IV., " Staff of Executive Committees," p. 284.
(b) Ex TENSES OF COMMITTEES. See Summary of Memoranda, p. 286.
276 Cultivation of Lands Order, 1917 (No. 3) relating to War Agri-
cultural Executive Committees in England and Wales.
10. Minutes of the proceedings of an executive committee shall
be kept in a book provided for that purpose and a minute of
those proceedings signed at the same or the next ensuing meeting
by a person describing himself as, or appearing to be, chairman
of the meeting at which the minute is signed shall be received
in evidence without further proof.
11. Any notice, direction or other instrument (a) signed by a
person describing himself or appearing to be chairman of an
executive committee shall be received in evidence without
further proof as a notice, direction or instrument issued by the
executive committee.
12. Until the contrary is proved an executive committee shall
be deemed to have been duly constituted.
13. An executive committee may, subject to any directions
given by the Board, appoint such sub-committees as the com-
mittee thinks fit. A sub-committee may consist either wholly or
partly of persons not being members of the executive com-
mittee.^)
14. In this Order, the expression " common land " includes
any land subject to be enclosed under the Enclosure Acts, 1845 to
1882, and any town or village green and any other land subject
to any right of common, and the expression " Regulation 2M "
means Regulation 2M as subsequently amended.
15. The Cultivation of Lands Order, 1917, (c) is hereby re-
voked, but so that such revocation shall not affect the previous
operation of such Order anything done under it, or affect any
right or liability acquired or incurred under such Order, and any
reference in any document to the Order hereby revoked shall be
considered as a reference to this Order.
16. This Order npplies only to administrative counties in
England and Wales.
17. This Order may be cited as the Cultivation of Lands Order,
19.17 (No. 3).
In witness whereof the Hoard of Agriculture and Fisheries
have hereunto set their Official Seal this fifteenth day of
March, nineteen hundred and seventeen.
(L.S.) F. L. C. Floud,
Assistant Secretary.
(a) SIGNING OF NOTICES. &c. Art. 11 does not make such signing as is
therein referred to essential but provides that a Notice, &c., so signed shall be
received in evidence without further proof. If the Notice is not signed by the
Ohairman, it shouLi be signed by a person thereto authorised by the Committee's
Minutes.
(b) SUB-COMMITTEES. See Memorandum and Suggestions by the Board,
printed as (3) III., " Sub-Committees," p. 278.
(c") CULTIVATION OF LANDS ORDER, 1917. See footnote (a), p. 274. '
Agricultural Executive Committees in England and Wales. 277
(3) AGRICULTURAL EXECUTIVE COMMITTEES, THEIR ORGANISATION,
STAFF, ACCOUNTS AND EXPENSES, SUMMARY OF CIRCULARS AND
MEMORANDA ISSUED BY THE BOARD OF AGRICULTURE AND
FISHERIES.
This Summary is arranged as follows:
I. Agricultural Executive Com- I VI. Office Accommodation,
mittees, p. 277. p. 291.
II. Control by Board, p. 277.
III. Sub- Committees, p. 278.
IV. Stojff, p. 284.
V. Accounts and .Expenses,
p. 28H.
VII. Supply of Maps, p. 291.
VIII. Utilisation of Valuation
Records, p. 291.
IX. Insurance of Buildings,
S?c., p. 291.
I. AGRICULTURAL EXECUTIVE COMMITTEES.
[Arts. 1, 2, 3, 7 of Order No. 3, pp. 274, 275.]
By the Cultivation of Lands Order 1917 (No. 3) (pp. 273-276)
the persons who were for the time being appointed by the
County Council of each administrative county to act as members
of the War Agricultural Committee for the county were con-
stituted as the body to exercise the powers conferred
upon the Board by Regulation 2M, and were directed
to maintain an Executive Committee consisting (1) of
members appointed by the War Agricultural Committee,
ordinarily not less than four nor more than seven in
number, and (2) of such additional members as the Board may
appoint. The Executive Committee is empowered to appoint its
own Chairman, and to fill up any vacancy (not arising among the
additional members appointed by the Board). All the powers
of the Board under Regulation 2n, except the power of deter-
mining a tenancy or of authorising the landlord to do so, (a)
are delegated to the Executive Committee so formed;
provided always that the Committee shall not enter on
or take possession of any common land, as defined by
the -Order, without a further consent given by the
Board. The President of the Board has appointed the Board's
District Commissioner to be a member of the Executive Com-
mittee, and reserves the right to appoint other members. The
Executive Committee is required from time to time to report its
proceedings to the War Agricultural Committee of the County,
but its acts are not subject to confirmation by that body.
II. CONTROL BY THE BOARD OVER EXECUTIVE COMMITTEES.
It is intended that the Executive Committees should be free
to exercise their powers with as little departmental control as
possible. It is clearly desirable in carrying out a policy which
aims at promoting good farming and stimulating food production
(a) DETERMINATION OP TENANCIES. See Memorandum of the Board printed
as (5) p. 300.
Sub-Committees of Agricultural Executive Committees in
England and Wales.
that the fullest use should be made of local knowledge and
experience. But the Committees will be acting as the agents and
at the expense of the Board, and it is necessary that the Board
should be fully informed of their proceedings. The Board
direct, therefore, that a report should be sent to them at the end of
each week by the Executive Officer of each Executive Committee,
which should contain information as to any action taken by the
Committee under the powers conferred on them by the Order,
and should include a general account of the proceedings of the
Committee during the week. The Board direct also that if, in
regard to any action which the Committee propose to take, their
District Commissioner informs the Executive Committee that in
his opinion it should be referred to the Board for their approval,
the Executive Committee shall so refer it and shall not proceed
further till they have received the Board's approval.
III. SUB-COMMITTEES.
[Art. 13 of Order (No. 3), p. 276.]
1. Sub-Committees Generally.
By Para. 13 of the Order, an Executive Committee may, subject
to any directions given by the Board, appoint such Sub-Com-
mittees as it thinks fit, and a Sub-Committee may consist either
wholly or partly of persons not being members of the Executive
Committee.
2. District Sub-Committees.
The following suggestions have been made by the Board for
the guidance of County Agricultural Executive Committees in
constituting District Sub-Committees, and in defining their
duties :
(1) As a rule, it is desirable that the County Executive Com-
mittee should divide the county into convenient districts for the
purpose of the increased production of food, which would in most
cases correspond with the existing Rural Districts, and should
appoint to each district a Sub-Committee of not less than four or
more than seven members, having experience in agriculture, and
willing to attend meetings regularly during the war. To each
Sub-Committee should be appointed as Secretary someone who will
be able and willing to give a substantial amount of time to the
work of the post, and who is not already overburdened by other
duties.
(2) A District iSub-Committee should meet at least once a
fortnight, and if possible once a week, on a different day from that
on which the Rural District Council meets, so that those members
who are on both bodies may be able to give their undivided
attention to food production work.
(3) It should keep Minutes of its proceedings, and forward a,
report after each meeting to the County Executive Committee and
to the Board of Agriculture's Commissioner for the District.
Sub-Committees- of Agricultural Executive Committees in
England and Wales.
(4) It should appoint one or more persons experienced in
agriculture as its correspondents and representatives in each parish
or convenient group of (usually not more than three) parishes in
its district, and report the names of these Parish Correspondents
to the County Executive Committee.
(5) It should report to the County Executive Committee any
land within its district which is from any cause not at present
producing its full quota of food for the nation, suggest the action
necessary to obtain the best possible output of food from the land,
and assist the County Executive Committee in carrying out any
measures which it may decide to take with that object.
(6) It should report to the County Executive Committee any
grass land which in its opinion ought to be ploughed up for the
1918 cropping.
(7) It should report any special cases of labour shortage and
should see that farmers needing labour are put in touch with any
available source of supply, such as women, soldiers, &c. It should
co-operate closely with other organisations for the supply of
labour, such as the Women's War Agricultural Committee and the
Agricultural Representative of the National Service Department.
(8) It should assist farmers in obtaining, through the County
Executive Committee, good seed and manures, spraying materials
for potatoes, and, where necessary, the use of horses and im-
plements.
(9) It should do everything in its power to facilitate the
working of any motor tractors and steam tackle available in the
county, and make known to farmers the terms on which their use
can be obtained.
(10) It should call the attention of farmers to the facilities for
obtaining credit from the Banks through the County Committee
under the scheme arranged by the Board.
(11) It should help to organise measures for the destruction of
rabbits, rats, rooks, sparrows and other pests, and use its influence
with the local bodies which are authorised to spend money for this
purpose. ^
(12) It should report any difficulties in maintaining the food
suppjy due to the land being detrimentally affected by the block-
ing of water-courses, or of the holding-up of water by mill-dams
and locks.
(13) It should assist the provision of land for allotments where
needed, encourage the adoption of co-operative methods for the
purchase ot seed, manure, &c., and take steps to see that all
existing allotments and gardens are fully cultivated.
(14) It should employ its Parish Correspondents to obtain
detailed information, and carry out measures decided upon by the
County Executive Committee, and generally to keep it in close
touch with individual farmers throughout its area.
280 Sub-Committees of Agricultural Executive Committees in
England and Wales.
(15) It should keep the Board's District Commissioner and
Sub-Commissioner informed of the dates of its meetings and where
they are to be held, in order that they may have an opportunity of
attending and advising on any question under discussion.
The County Executive Committee should keep each District
Sub-Committee informed without delay of the general instructions
issued by the Board, and of any action taken which affects
the area under the charge of the Sub-Committee. While it
must be borne in mind that the County Committee cannot
delegate to a Sub-Committee the executive powers conferred on it
by the Order, it should endeavour to keep each Sub-Committee
fully occupied with work of a responsible character, and thus
save itself from becoming overburdened by a mass of detail which
can be better dealt with by men of local knowledge. The measure
of success that will attend the work of the Executive Committees
in stimulating the increased production of food depends very
largely on the amount of work that is done by the District Com-
mittees, and unless Executive Committees, can rely on obtaining
effective and constant assistance from the District Committees,
they cannot hope to bring home to the individual farmers of the
county the urgent call for increased production, or to afford them
the help that they may need in their difficulties.
3. County Sub-Committees.
(1) The programme of increasing largely the production of
cereals for the harvest of 1918 will make great demands on the
time and attention of the Executive Committees and renders it
necessary to develop the organisation and increase the staff of the
Committees.
(2) It has therefore been decided to ask Executive Committees
to appoint Sub-Committees, each of which should be entrusted
with a definite branch of the work, so as to relieve the
Executive of the detailed work of carrying into effect the pro-
gramme, leaving the Executive free to consider the more im-
portant matters of policy while exercising a general supervision
of the work of the Sub-Committees. It will be necessary to retain
in the hands of the Executive Committee, as a whole the exercise
of any of the powers conferred on it by the Defence of the Realm
Regulations, but much of the preliminary work of inquiry could
be delegated to Sub-Committees.
(3) Steps should be taken at once to set up the following Sub-
Committees, each of which might consist of not more than two
members of the Executive together with other persons co-opted
from outside. The Chairman of the Executive and the Board's
District Commissioner should be ex-officio members of all Sub-
Committees.
Labour Sub -Committee.
(4) In the first place it is essential that there should be a special
Sub-Committee to deal with the all important subject of labour.
In many counties a Sub-Committee has already been appointed to
Sub-Committees of Agricultural Executive Committees in 281
England and Wales.
-deal with the distribution of soldier labour, but its functions
should be extended to deal with matters relating to the supply,
distribution, housing and wages of all forms of labour, including
women, as well as questions affecting the retention of the existing
labour on the land, the work of the Tribunals, substitution, &c.
In view of the necessity of encouraging the employment of women,
und particularly of those women who have been trained under the
Board's scheme, the Organising Secretary of the Women's War
Agricultural Committee should be co-opted as a member of the
Labour Sub-Committee. It is highly important that the Labour
Sub-Committee should give their active assistance to the Women's
Committee, and if there is any difficulty in placing the women
who are trained the Sub-Committee should use their influence
with the farmers to induce them to engage the women. The
present and prospective shortage of man-power in all industries
is so serious that dilution of labour is as essential in agriculture
as in any other business, and if any farmers unreasonably decline
to employ available women, the Sub-Committee might refuse to
allot to them soldiers or other male labour until they agree to
engage a proportion of women. The Labour Sub-Committee
might deal also with the supply and distribution of Army or other
horses and with any questions that will arise under the Billeting
of Civilians Act, 1917 (7 & 8 Geo. 5, c. 20).
Ma chin ery Su b -Co mm it tee,
(5) A revised scheme for the operation of the Government
tractors has been issued under which the Executive Com-
mittees are asked to undertake a much greater measure of
responsibility for the working of the tractors than was the case
under the original scheme, which had to be improvised at short
notice before the Executive Committees were sufficiently organised
to deal with the matter. In view of the new duties entrusted to
the Committees by the revised scheme and of the volume of work
involved in making arrangements for the ploughing up of the
quota of grass land apportioned to each county, it will be essential
to appoint a special Sub-Committee for the purpose. It should be
called the Machinery Sub-Committee and should deal with the
work of the tractors, the sets of steam tackle in the county and
should also be responsible for the organisation of all kinds of
agricultural machinery, especially threshing machines. The
Sub-Committee should consist of not more than two members of
the Executive, together with the tractor representative and the
steam tackle representative of the Board.
Supplies Sub -Committee.
(6) (i) The increased quantity of fertilizers, seeds and other
agricultural requirements that will be needed in connection with
the increase of the arable area makes it necessary that timely
steps should be taken to secure their supply and distribution. A
special Supplies Sub-Committee should therefore be appointed.
Supplies Sub-Committees of Agricultural Executive Committees in
England and Wales.
It should consist of two members of the Executive Com-
mittee together with representatives of the principal dealers,
merchants and agricultural co-operative trading societies in the
county. The Subcommittee should arrange with the traders
concerned for adequate supplies of fertilisers, seeds, &c.,
to be available at approved prices for use when required and
should ensure that farmers, dealers and others take delivery of
their probable requirements during the summer and early
autumn. If orders are deferred until later in the year it may not
be possible for them to be executed. The Sub-Committee should
use their influence to ensure that all land in the county is
adequately and properly manured and should undertake any pur-
chases needed for land on which the Executive Committee enter
under the Cultivation of Lands Order. The Food Production
Department will be prepared to give the Sub-Committee any
advice and assistance in their power as to the supplies, prices, &c.,
of requirements.
The work this Sub-Committee is invited to perform is of the
highest importance in view of the largely increased demand for
materials which is likely to arise owing to the Eood Production
Policy, but it presents a number of special difficulties which can
only be overcome by action on well-considered lines.
(ii) The requirements of the country in the coming season may
differ appreciably from those of the period before the war, and it
is necessary while making the best use possible of existing distri-
buting agencies to devise measures which will enable Executive
Committees to ensure that farmers are not prevented from giving
effect to the Food Production Policy owing to lack of materials.
(iii) The first step is to ascertain the probable requirements
of the county. The survey which is to be carried out for
the purpose of selecting the land to be ploughed for the
harvest of 1918 affords a means whereby these requirements
can be estimated with fair accuracy. The further require-
ments should be gauged and the results of the survey checked
by consultation with the principal agricultural merchants
and co-operative societies, from whom estimates of the probable
demand based on their actual sales for the past season should be
obtained. It is important that the requirements should be based
on the minimum rather than the maximum quantities likely to
be needed, as the available supplies are necessarily limited.
The principal articles which it is suggested Supplies Com-
mittees should have in view are seed-corn, clovers, rye-grass, root-
seeds, seed potatoes, sulphate of ammonia, superphosphate, basic
slag, lime, sulphate of copper, binder twine and pipes for land
drainage. Other articles which Committees may think necessary
in view of local requirements should be added to this list.
The result of the enquiries should be furnished to the Depart-
ment as soon as possible. The Department will then endeavour
to ensure that the requirements of the County are met, or that it
receives a reasonable share of those articles of which the supply is
very limited.
Organising Distribution by Agricultural Executive Committees
in England and Wales.
Organising Di s tribu tion .
(7) (i) One means which should immediately be considered by
Committees as a step in the direction of organising distribution
is the preparation of a list of co-operative societies, dealers and
merchants who, on complying with the stipulations indicated
below, should be recognised by this Department as " Approved
Agents/' for the supply of those commodities which may require
special measures for their proper distribution. In order to secure
a reasonable uniformity it will be necessary that the conditions
on which the agents are recognised shall be submitted to this
Department before action is taken.
By requiring these agents to maintain a sufficient stock of
materials and to sell at certain agreed prices Committees could to
a large extent ensure that farmers' requirements were promptly
met.
(ii) Local storage is essential in the case of many agricultural
requirements in order to prevent shortage in supply and delay
in delivery owing to railway congestion. The recognition of a
dealer, merchant or co-operative society as an lt Approved Agent "
should therefore be subject to a requirement that certain minimum
quantities of seeds, fertilisers, &c., are stored on the agent's
premises. Traders who are unable to offer satisfactory warehouse
accommodation should not be recognised, but subject to suitable
undertakings being* given no firm of repute should be excluded
from the list of ' ' Approved Agents " as it is important to avoid
the suspicion of favouritism. The minimum quantities to be
stored need not be uniform, the essential point being that the
agent should undertake to carry a stock appreciably higher than
normal.
In addition to the increased quantities stored in the ordinary
course of business, a consideration of local requirements; may lead
Committees to the opinion that further and special provision is
necessary and in such cases it would be open to them to arrange
with " Approved Agents " for the storage of additional quantities
on paying the charges involved.
(iii) Arrangements are being made with manufacturers in
regard to the prices at which fertilisers and other articles should
be sold by them at the works, and information on these points will
be supplied to Committees from time to time as it becomes avail-
able. As the conditions applicable to each individual article
vary, it is suggested that the appointment of an " Approved
Agent " should be subject to an undertaking to sell those
agricultural requisites in which he trades for cash at prices to
be agreed.
In view of the special importance of storing sulphate of
ammonia during the summer and autumn in order to enable the
works to continue production to the maximum extent, it may be
necessary to require " Approved Agents " to take sulphate of
ammonia into store, but in that case a suitable adjustment as to
price will be made.
284 Staff of Agricultural Executive Committees in England and Wales.
(iv) It is desirable that the purchases made by fche Executive
Committees on their own account should be made either through
Co-operative Societies or through local firms agreeing to purchase
on behalf of Committees at fixed rates of commission.
Other Sub-Committees.
(8) Executive Committees may find it desirable to appoint other
Sub-Committees to deal with such matters as Finance, the Survey
(on which the District Valuer of the Land Valuation Department
should be appointed) and other branches of the work.
IV. STAFF OF EXECUTIVE COMMITTEES.
[Art. 3 of Order No. 3, p. 275.J
1. The Order authorises the Executive Committees to appoint
such officers as they may consider necessary, subject ^to such direc-
tions as to approval of expenditure or otherwise as may from time
to time be given by the Board. It is recognised that
additional staff will be necessary, but it is assumed that the
creation of new salaried posts will be restricted as much as possible
and that full use will be made of any existing officers of the Local
Authorities and of voluntary workers. Executive Committees
when increasing their staff should ascertain whether competent
men cannot be obtained from the ranks of the Agricultural Com-
panies. These Companies often comprise a number of me'h who
are not suited for work on the land but who have had useful
clerical or business experience and who might be of considerable
assistance in the work of the Executive Committee.
2. In the first place the Executive Committee should select and
appoint a suitable Executive Officer, who should have a competent
knowledge of agriculture and some administrative experience.
In most cases it should be possible to obtain for this post the
services of some member of the County staff, such as the Agricul-
tural Organiser or the County Land Agent. Where this is the
case the Board will be prepared, if the appointment is approved
by them, to reimburse to the County Council two-thirds of the
normal salary and travelling expenses of such officer, but they
are not prepared to sanction the payment of any additional
salary to whole-time salaried officers of the County Council who
undertake work under the Executive Committees. If an Execu-
tive Committee is unable to obtain the services of a suitable
officer from the County staff, the Board will be prepared to con-
sider proposals for the appointment of a paid Executive Officer,
not on that staff, but his name and particulars of his qualifications
together with the salary proposed, which must not exceed 300 a
year, should be submitted to the Board for their approval before
any permanent appointment is made.
3. In some counties the post of Executive Officer is held by an
officer of the County Council whose salary is less than 300 a
year, which is the scale applicable in the case of Executive
Staff of Agricultural Executive Committees in England and Wales.
Officers appointed from outside. In these cases the Board will be
prepared to consider proposals for some additional payment to the
Executive Officer, in view of the increased burden of work placed
upon him.
4. In several counties the posts of Secretary and of Executive
Officer to the Executive Committee are held by the same person.
In view of the increasing burden of the duties entrusted to the
Executive Committees the Board think that it is necessary that
the offices referred to should be separated in all cases. The Secre-
tary should be responsible for the minutes, correspondence and
office work of the Committee, and the Executive Officer should be
the principal technical outdoor officer of the Committee entrusted
with carrying out inspections, &c., and generally supervising the
cultivation of any land taken over by the Committee. It will be
impossible for one man to perform effectively the duties of both
posts, and Committees should therefore arrange as soon as possible
to appoint a separate Secretary if this has not already been done.
The Secretary of a Committee may be paid a salary not exceeding
250 a year if he gives his whole time to the work.
It will probably be found necessary to appoint a special officer
for the work of the Labour Sub-Committee, who should be called
the Labour Officer, and who may be paid a salary not exceeding
250 a year if he gives his whole time to the work.
Machinery Officer.
b. It will be essential that the Machinery Sub-Committee
should have a special whole-time officer, who should be called the
Machinery officer. It will be his duty, under the directions of
the Sub-Committee, to inspect land in order to see that it is
suitable for mechanical ploughing, to make the contracts with
the farmers, to arrange with the farmers how the land should be
ploughed, and to get them to mark out the fields and state the
headlands required. He will also be responsible for planning the
route of the tractors from field to field, so as to avoid road journeys
as far as possible, and should advise the tractor representative of
the Board how the tractors should get to the land to be ploughed.
He should also arrange where the stores of paraffin, oil and petrol
should be kept, and should supervise generally the ploughing
undertaken by the tractors. It will be necessary, therefore, that
this officer should be an agriculturist possessed of practical
-experience of mechanical cultivation. The Executive Committee
should proceed at once to select this officer and should submit
his name with a statement of his qualifications to the Board for
approval before he is definitely appointed. A salary not exceed-
ing* 250 a year may be offered for this post.
Clerk of Supplies Sub-Committee.
6. It may be necessary to appoint an officer to act as a whole-
time clerk to the Supplies Sub-Committee, and, if so, a salary
not exceeding 3 a week may be offered for this post.
286 Staff of Agricultural Executive Committees in England and Wales.
Clerks of District Committees.
7. The Board authorise the payment of an honorarium to Clerks
of District Committees in cases where the Executive Committee
are satisfied that it is desirable and necessary. The amount of
the payments should be varied according to the size of the district,
subject to a maximum payment for the financial year 1917-18 of
25 in any one case, and subject also to the proviso that the total
payments under this head shall not exceed such sum as represents
an average of 20 for each District Committee in the County.
The payments should be made out of the funds placed at the
disposal of Executive Committees for staff and administrative
expenses, and the Board will be prepared to supply the necessary
funds for the purpose.
It must be understood that Executive Committees should not
make such payments as a matter of course to every existing Clerk
of a District Committee. They should take such steps as may be
necessary to secure the services of men who are able and willing
to give a substantial amount of time to the work of the Com-
mittees and who are not already over-burdened by other duties.
.Further Clerical Assistance.
8. The Board recognise that the work which will fall on the
District Committees in connection with the programme for the
harvest of 1918 will be very heavy and that in some cases it may
be necessary to provide for further expenditure in addition to
these honoraria to the clerks. The Board think that it is desirable
that the engagement of clerical assistance for the District Com-
mittees should be kept under the control of the Executive
Committees themselves, and those Committees are authorised to
incur commitments for additional clerical assistance for District
Committees up to an amount not exceeding 200 a year in any
one county without further reference to the Department. Com-
mittees should, however, bear in mind the paramount importance
of strict economy and should satisfy themselves in each case that
the fullest possible use is made of the services of volunteers.
Y. ACCOUNTS AND EXPENSES.
(i) General Principles to be observed.
The Treasury desire that in connection with money placed at
the disposal of Agricultural Executive Committees from time to
time by this Department, the following general principles should
apply, so far as the circumstances may admit :
(1) Imprests or advances issued by a Committee should be
kept at the lowest figure compatible with the require-
ments of the case, and the period to be covered by
any imprest should be as short as is reasonably
convenient.
Expenses and Accounts of Agricultural Executive Committees in
England and Wales.
(2) Surprise inspections of public cash in the hands of
Officers of the Committee or other persons are
generally desirable, and should not be waived by a
Committee on personal considerations. The inspec-
tions (i.e., the check of the accuracy of the amount
of cash produced) will be materially facilitated if
the imprest account of the Officer or other person
entrusted with money be kept on the " standing
imprest" system. The "standing imprest" system
contemplates an advance to an Officer in the first
instance, and the subsequent payment in full of his
accounts of expenditure, either monthly or at shorter
periods as may be convenient. An Officer's balance
at any moment will consequently be represented by
the amount of his standing imprest less any expendi-
ture incurred during his current period of account.
(3) Accounts should be required to be rendered promptly
and regularly, and delay in rendering accounts should
be regarded as a serious irregularity in regard to
which suitable action should betaken forthwith.
(ii) Accounts Generally.
The following instructions are issued with regard to the
Accounts to be furnished to the Board in respect of Grants made
to Executive Committees :
(1) Grants will be made for :
(a) Administrative and Office Expenses.
(6) Cultivation and other purposes.
(2) Transactions under these heads should be kept separate
in the Accounts.
(3) An account should be furnished to the Board quarterly
for the periods to 31st March, 30th June, 30th Sep-
tember and 31st December.
(4) The Account should reach the Board within 10 days of
the close of the quarter.
(5) The -expenditure out of the Grant for Administrative and
Office Expenses should be set out under headings
corresponding to those contained in the Estimate pre-
viously submitted by the Committee, nainely, Salaries,
Travelling Expenses, Postages, &c.
(6) The expenditure out of the Cultivations Grant should be
similarly set out under appropriate headings, each
undertaking being shown separately with suitable sub-
headings. Any sums, including the Grants, received
by the Committee should be brought to account against
the relative undertaking.
288 Accounts of Agricultural Executive Committees in England and
Wales.
(7) The unexpended balance at the close of the quarter should
be shown in the Accounts, the amount under (a) and
(6) above being given separately.
(8) A bank statement should be furnished with each quarterly
account showing the balance at bank on the last day
of the quarter. Allowing for cash in hand and for
cheques not cleared, the bank balance will ordinarily
agree with the account balance.
The necessary particulars establishing agreement
should be given on the account.
(9) The Committee should arrange, if possible, tor the
Account to be audited and certified as a voluntary
War Service either by the County Accountant, or by
some other local qualified accountant or auditor of
recognised standing. If the Committee find them-
selves unable to secure this the matter should be
reported to the Board with a view to some other
arrangement being made for audit.
(10) In addition to the quarterly cash account a full account
including stock and revenue accounts and a balance
sheet, should be furnished for each farm or other
undertaking at the close of the year, or earlier if the
particular undertaking should terminate within the
year.
This account should be drawn up so as to show
clearly the outcome of the undertaking over the year.
(11) Furniture, implements and all other articles of equip-
ment purchased out of grants are the property of the
State.
An inventory should be kept of such articles of a
value of 20s. and upwards. A copy of the inventory
revised to date should be furnished to the Board
periodically with the accounts.
(12) The salaries of officers of the County Council whose
services are lent to the Executive Committee should
continue to be paid by the County Council. Where
these officers are lent for whole time service under the
Committee, the Board will be prepared to refund to
the County Council two-thirds of the normal salaries,
less any amounts payable in respect of the same out of
the Board's Education Grants or out of the Small
Holdings Account.
In order to simplify accounting the Board requested the General
\Var Agricultural Committee in each County to close its separate
account on 31st March, 1917, and to transfer the unexpended
balance to the Executive Committee. This balance should be
brought to charge as a receipt by the Executive Committee. Ex-
penses (if any) incurred thereafter by the General Committee
should be defrayed by the Executive Committee and included in
the latter's quarterly accounts.
Advances on Account >/ Grants to Agricultural Executive Com-
mittees in England and Wales.
The Board do not propose at this stage to indicate in greater
detail the manner in which the Committee should keep its
accounts. If, however, difficulties are experienced which it is
desired to bring to the notice of the Board, it will be convenient
that the facts should be stated fully in a separate letter.
The Board desire finally to impress on the Committee the need
for the exercise of the greatest care and economy in the expendi-
ture of public moneys, and in almost equal degree the importance
of a sound system of accounts. Careful attention to these matters,
particularly in the early stages of operations, will amply repay
time spent upon them, not only in the actual conduct of the
various undertakings, but as well in the greater facility and
clearness with which the Committee will be able to present
.accounts of its transactions.
(iii) Advances on Account of Grants.
Im order to avoid the accumulation pf unnecessarily large cash
balances on the accounts of Executive Committees at local banks,
the following procedure is proposed for the future in connection
with the payment by the Department from time to time of moneys
-on account of Grants :
(1) When a Grant is approved by the Department a formal
notification to that effect in writing will be sent to the
Committee, but as a rule payment will not actually
be made at this stage.
(2) Once a month the Finance Sub-Committee should frame
an Estimate of its receipts and expenditure over the
ensuing month, and application should be made to
the Department as and when required for such an
amount as is found to be necessary to enable the Com-
mittee to carry on for the month.
(3) The application to the Department should be accom-
panied by a copy of the Finance Sub-Committee's
Estimate which should be drawn up in the manner
shown in the accompanying form and should be signed
on behalf of the Finance Sub-Committee.
(4) A Grant statement in the form also shown should at the
same time be furnished showing that the sums applied
for are for purposes for which the Department have
authorised expenditure and are within the amounts
respectively authorised.
The above procedure should suffice to meet ordinary require-
ments, but in exceptional circumstances and to meet urgent and
unforeseen demands the Department will be prepared, if neces-
sary, to consider applications as exceptional cases arise.
3167 K-
290
Form of Estimate, Grant Statement, and Petty Expenses of Agri-
cultural Executive Committees in England and Wales.
I.
ESTIMATE OF THE RECEIPTS AND EXPENDITURE OF THE EXECUTIVE COM-
MITTEE FOR THE COUNTY OF DURING THE PERIOD
FROM TO
Balance in hand
Estimated Receipts (if any ) . . .
(State separately the
amount for each autho-
rised service).
Total Amount required
(Apportioned as shown in
Statement II.).
Total
Estimated Expenditure
during the period :
$
(c)
State separately
the amount for
each authorised
Total
II.
GRANT STATEMENT.
Grants authorised.
Amount
already
drawn by
Com-
mittee.
Balance
undrawn.
Amount now
applied for in
respect of each
Grant. (See
footnote.*)
Date and No. of
Department's
letter awarding
Grant.
Purpose
of Grant.
Amount.
Totals...
../
* NOTE. The amount applied for must be apportioned to the relative grants,
and not stated merely in total amount.
(iv) Petty Expenses.
Committees are authorised to incur necessary and reason-
able expenditure on payments to surveyors, additional clerical
assistance, travelling expenses, printing 1 , stationery, postage and
general office expenses. With, regard to travelling expenses it
has been represented to the Board that the increase in the cost of
railway travelling will throw a heavy burden of expense on the
members of the Executive Committees, and the Board are pre-
pared therefore to authorise Committees to pay any of their
members who apply for it their out-of-pocket travelling expenses
in attending meetings of the Committee, or when engaged on the
work of the Committee. Payments for travelling expenses should
be on the basis of 3rd class railway fares or, if a member or officer
of the Committee uses his own motor car, at the rate of 7Jd. a
mile.
Offices of Agricultural Executive Committee* in England and
Wales; Maps; Valuation Records; Insurance.
(v) Other Expenses.
The exercise by an Executive Committee of the powers con-
ferred by the Order and Regulation will in many cases involve
considerable expenditure, apart from the administrative and office
expenses of the Committees which have already been dealt with.
It is realised that it is impossible at present for Committees
to submit any accurate estimates of the amount of money that
they are likely to require, but at the same time Committees
cannot be given full authority to incur an unlimited liability
for expenditure which the Board would have to defray.
It is thought, therefore, that pending further directions
the best course will be that Committees should make
their plans ' on the assumption that the necessary funds will be
provided, but that they should inform the Board at the earliest
possible date of any specific action which they propose to take
under the Order and Regulation, if it will involve substantial
expenditure, and state the probable cost of the operations pro-
posed. In order, however, to avoid unnecessary delay in matters
which do not involve substantial expenditure, the Board are
prepared to consider at once applications for imprests for specified
sums, if particulars are given of the general purposes for which
funds are required. It must be understood that expenditure can
only be authorised in connection with work which the Committees
themselves undertake under the Order and Regulation.
VI. OFFICE ACCOMMODATION.
The Board will be prepared to approve any reasonable expendi-
ture for this purpose ; and any agreement into which the Execu-
tive Committee propose to enter for securing such accommodation
should be submitted to the Board for sanction.
VII. SUPPLY OF MAPS.
Committees who desire to obtain 6 inch Ordnance Survey maps
for the purpose of making a survey of agricultural land should
order the maps direct from the Director-General, Ordnance
Survey, Southampton. If this course is adopted no payment
need be made by the Committee, as the Board will settle the
account with the Director-General direct.
VIII. UTILISATION OF VALUATION RECORDS .
The Board of Inland Revenue have been good enough to make
arrangements to permit of the inspection by the Agricultural
Executive Committees of the Record Plans of agricultural areas
in the District Valuer's Office, and for the supply to them of
information from the official records so far as this has not been
obtained confidentially.
IX. INSURANCE OF BUILDINGS OR OTHER INSURANCE.
Where possession is taken of land, buildings, produce, crops,
stock, or other property by an. Agricultural Executive Committee
under Regulation 2n, no insurance whether workmen's compensa-
tion, fidelity or of any other kind should be effected and no
payments of premiums should be made by the Committee. Under
the general rule of the Public Service the "risk" is borne by
the State itself, and no payment by way of insurance premium is
admitted as a charge against public funds.
3167 IT o
292
Powers of Agricultural Executive Committees in England and
Wales as to Inspection of Land.
(4) TAKING POSSESSION OF LAND AND ARRANGEMENTS FOR CULTI-
VATION AND LETTING. SUMMARY OF CIRCULARS AND
MEMORANDA ISSUED BY THE BOARD OF AGRICULTURE AND
FISHERIES TO AGRICULTURAL EXECUTIVE COMMITTEES.
This Summary is arranged as follows :
I.
Power to Inspect Land,
VII.
Power to Let, p. 296.
-c., p. 292.
VIII.
Period for which Letting
II.
Schemes for Cultivation of
may be Effected, p. 296.
Land, p. 293.
IX.
Form of Agreement for
III.
Power to issue Directions
Letting, p. 296.
as to Cultivation, p. 293.
X.
Procedure on taking
IV.
Power to Enter on, take
Possession of Land.
Possession of, and
p. 298.
Cultivate Land, p. 294.
XI.
Payment of Tithe, p. 298.
V.
Power to undertake
XII.
Payment of Rates and
Manuring, p. 295.
Taxes, p. 299.
VI.
Temporary Entry on
Land, p. 295.
I. Power to Inspect Land, i (1) (e), and the powers of Agricultural
Executive Committees thereunder, printed as (9), p. 311.
Drainage of Lands Order, 1917, applying to England and Wales.
And whereas the Board are also empowered by the said Regula-
tion with respect to any land or land in any district to authorise
any body constituted by the Board for the purpose to exercise on
behalf of the Board any of the powers of the Board under the
said Regulation and to prescribe the procedure of any vsuch body
and the authentication of any Notice or other Instrument issued
by any Body so authorised.
And whereas the Board after consultation with the Food
Controller have under the said Regulation made the Cultivation
of Lands Order 1917 (No. 3), (a) and are of opinion that such
further Order should be made under the said Regulation as is
herein contained.
Now the Board do hereby order as follows :
1. The Body constituted by the Cultivation of Lands Order,
1917 (No. 3), for any County may exercise on behalf of the
Board within the county any of the powers of the Board under the
paragraphs (h) and (i) hereinbefore recited in the same manner
as the powers which the said Body are by the said Order author-
ised to exercise.
2. Where any Notice is served under the powers contained in
paragraph (i) hereinbefore recited such notice shall contain a
provision to the following effect :
This Notice shall take effect at the expiration of seven days
from the date of service hereof, unless before such expiration
notice of appeal to the Board of Agriculture and Fisheries
is given in writing to the Secretary to the War Agricultural
Executive Committee, (d) and in the event of any such appeal
this Notice shall take effect on such date (if any) as the
Board shall determine after considering the appeal.
This Order applies only to England and Wales.
This Order may be cited as the Drainage of Lands Order, 1917.
In witness whereof the Board have hereunto set their Official
Seal this 31st day of March, 1917.
(L.S.) F. L. C. Floud,
Assistant Secretary.
(a) CULTIVATION OF LANDS ORDER, 1917 (No. 3). This Order is printed
as (2) of this section of the Manual, p. 273.
(b) PARAGRAPH (A), MAINTENANCE or BANKS AND CLEANSING OF
CHANNELS. See Memorandum of the Board on Regulation 2M (1) (h) and the
powers of Agricultural Executive Committees thereunder, printed as (8), p. 309.
(c) PARAGRAPH (i) OBSTRUCTION OF STREAMS AND RIVERS. S-e Memo-
randum of the Board on Regulation 2M (1) (0, and the powers of Agricultural
Executive Committees thereunder, printed as (9), p. 311.
(d) AGRICULTURAL EXECUTIVE COMMITTEES. As to these Committees see
(2) the said Cultivation of Lands Order, 1917 (No. 3), p. 273, and (3) Summarj
of Memoranda by the Board, p. 277, as to the organisation staff and expenses of
such Committees.
Memorandum fyy Board as to Maintenance of Banks and 309
Cleansing of Channels in England and Wales.
(8) MAINTENANCE or BANKS AND CLEANSING OF CHANNELS.
SUMMARY OF MEMORANDUM BY THE BOARD OF AGRICULTURE
AND FISHERIES.
[Reg. SM ;1) (h), P- 271 ; Drainage of Lands Order, 1917, p. 307.]
1. In many counties it has been found that the occupiers of
land have neglected to maintain the banks or to cleanse the
channels of drains, streams and water-courses lying in, or forming
the boundaries of, the lands occupied by them; and that for this
reason the channels fail to carry off the water, and often flood the
adjoining lands, thus seriously interfering with the maintenance
of the food supply. A remedy exists for this state of things in
the provisions of section 14 of the Land Drainage Act, 1847
(10 & 11 Yict. c. 38) ; but it is unsuited to the present emergency
and although paragraph (h), which has been added to sub-section
(1) of Regulation 2M,(a) proceeds upon the principle of
these provisions, they are considerably modified to meet the
necessities of the present time. Under this paragraph of the
Regulations the Executive Committee, where they find that any
land is injured, or is likely to be injured, by any such neglect
as has been above described, are empowered(b) to serve a notice
upon the occupier who has neglected to maintain the portion of
the bank or to cleanse (by cutting the weeds or otherwise) the
portion of the channel lying in, or adjoining, his land, and to
call upon him to execute all necessary works for maintaining
that portion of the bank, or for cleansing that portion of the
channel. The occupier will be given seven days in which to
execute these works or satisfy the Committee that he will promptly
do so. If at the expiration of these seven days he has not done
so, the Committee may enter upon his land and do the work
themselves. They may afterwards recover the cost in the manner
provided by Section 14 of the Land Drainage Act, 1847; if the
neglecting occupier fails to pay the sum apportioned upon him
within one month after demand, they may apply to the Justices
at Petty Sessions for a summons, and the Justices, on proof of
the occupier's neglect to maintain the banks or to cleanse the
channels, and of the injury caused or likely to be caused to any
other land by such neglect, and of the expenses incurred by the
County Committee in carrying out the work, may make an order
for the payment of the expenses by the neglecting occupier, or of
such proportion of the expenses as the Justices think he should
pay. The money ordered to be paid is recoverable under Section
6 of the Summary Jurisdiction Act, 1879 (42 & 43 Yict, c. 49).
2. In exercising the powers above described, the Executive
Committee should, wherever possible, give the required notices
to the neglecting occupiers upon a line of banks or a line of
channels at the same time, and if, at the -expiration of the seven
days named in the notice, the occupiers have not taken steps to
carry out the works necessary, the Committee should arrange for
(a) REGULATION 2M. This Regulation is printed as (I), p. 270.
(b) DRAINAGE OF LANDS ORDER, 1917. That Order, which delegates powers
to the Executive Committees, is printed as (7), p. 307.
Memorandum by Board as to Maintenance of Banks and
Cleansing of Channels in England and Wales.
doing the work themselves, and should then apportion the cost
according to the length of the bank lying in or adjoining the land
of the particular occupier, or to the frontage of his land upon
the channel cleansed, and according to the work involved in each
case. It is hoped that by proceedings of this kind considerable
improvements may be effected to the drainage of agricultural
areas, and that substantial benefit may result to the food pro-
duction of the country. In many counties the Executive
Committee will probably be able to utilize the services of
Agricultural Companies or of Conscientious Objectors for the
purposes indicated.
3. A form of notice to occupiers is appended; in the schedule
to the notice should be specified, (1) the land to the occupier of
which the notice is addressed, and (2) the banks or channels,
as the case may be, which the occupier is required to maintain
or cleanse. Any notice to be served -in the exercise of these
powers should be signed by the Chairman of the Executive Com-
mittee and will then be received in evidence without further
proof, as provided in Article 11 of the Cultivation of Lands
Order, 1917 (No. 3). (a) Sub-section (11), which has been added
to Regulation 2M,(b) provides for the method of service.
(Notice for Maintaining Banks or Cleansing Channels.)
DEFENCE OF THE REALM REGULATIONS.
Drainage of Land Order, 1917.
To
of
or other the occupier of the land described in the first schedule to this notice.
The War Agricultural Executive Committee for the County of
being of opinion that land is injured or likely to be injured by reason of "the
neglect of the occupier of the said land* to maintain the banks or to cleanse and
scour the channels of the drains, streams, or watercourses lying in or bounding
such lands,* do by this notice require you effectually to execute all necessary
works for maintaining such of the banks or for cleansing and scouring such of
the said channels as are described in the second schedule hereto.
In case you shall neglect so to do within seven days from the service of this notice,
the Committee are authorised by the Defence of the Realm Regulations and the
above-mentioned Order to enter on your land and execute all necessary works for
such purposes and to recover the expenses thereof from the occupier in the
manner prescribed by Section 14 of the Land Drainage Act, 1847.
First Schedule.
Land occupied by the person to whom this notice is addressed.
Second Schedule.
Specific description of* banks or channels to be maintained, scoured or cleansed.
*Note. Any words not required should be struck out.
,(a) CULTIVATION OF LANDS ORDER, 1917 (No. 3). Art. 11 of this Order
is printed under (2), p. 276.
(b) REGULATION 2M. Sub-section (11) of this Regulation is printed under (1),
p. 273.
Memorandum by Board as to Obstruction of Streams and Rivers
in England and Wales.
(9; OBSTRUCTION OF STREAMS AND RIVERS. SUMMARY OF MEMO-
RANDUM BY THE BOARD OF AGRICULTURE AND FISHERIES.
[Reg. 2M (1) (i), P- 271 ; Drainage of Lands Order, 1917, P. 307.]
It lias been found in certain cases that (apart from the
cleansing of the channel) the holding up of an extensive quantity
of water by obstructions such as mill-dams, locks and sluices, and
so 011, has had an injurious effect upon the drainage of
agricultural land ; and accordingly power has been given by
sub-paragraph (i), which has been, added to sub-section (1) of
Regulation 2M,(a) to regulate the use of these obstructions,
and has been delegated to County Executive Committees
by the Drainage of Land Order, 1917, (b). This power can be
exercised only where action is found to be necessary or desirable
for the prevention of floods or for the draining of land in the
vicinity of the river or stream, and in exercising it regard must
be had to the use by the mill owner or navigation trustees or
other person who occupies or controls the obstruction by which
the water is impounded. Executive Committees may by notice
require any mechanical appliance, by which the flow of water
through such an obstruction is regulated, to be kept open during
such times, and in such manner as they think fit ; but in deciding
upon their requirements the Committee must take care that the
mill-owners or navigation trustees or other persons in question
are allowed to retain a sufficient head of water to meet the
necessities of their business, and at such times as their business
requires. The notice is to allow a period of seven days before the
requirements are to be carried out, in order to give the person to
whom the notice is addressed time to make his arrangements,
and in order to give him an opportunity of appealing to the
Board against the requirements. This right of appeal has been
reserved on account of the considerable interests which may, in
certain cases, be involved.
A form of notice is appended, and the notice must specify in
its schedules the obstruction, and the river or stream, to which it
applies, as well as the time, extent and manner in which the
mechanical appliance in question is to be kept open ; it may, in
some cases, *be found advisable to specify the number of feet of
water which may be kept at a stated point above the obstruction.
Any notice to be served in the exercise of these powers should
be signed by the Chairman of the Executive Committee and will
be received in evidence without further proof, as provided in
Article 11 of the Cultivation of Lands Order, 1917 (No. 3).(c)
Sub-section (11), which has been added to Regulation 2M,(d) pro-
vides for the method of service.
(a) REGULATION 2M. This Regulation is printed as (1), p. 270
(b) DRAINAGE OF LANDS ORDER, 1917. That Order is printed as (7), p. 307.
(c) CULTIVATION OF LANDS ORDER, 1917 (No. 3). Art. 11 of this Order
is printed under (2), p. 276.
(d) REGULATION 2M. Sub-section (11) of this Regulation is printed under (1),
p. .273.
Memorandum by Board as to Obstruction of Streams and Rivers
in England and Wales.
In the case of salmon waters, no notice should be served
requiring 1 measures to be taken which would constitute a contra-
vention of Section 26 of the Salmon Fishery Act, 1861, as
amended by Section 53 of the Salmon Fishery Act, 1873. (a)
(Notice for Regulating Obstructions to Flow of Water.)
DEFENCE OF THE REALM REGULATIONS.
Drainage of Land Order. 1917.
To
of
or other occupier or person in control of the*. dam, mill, lock, sluice, weir or
other obstruction* described in the second schedule to this notice.
The War Agricultural Executive Committee for the County of
being of opinion that it is necessary or desirable for the prevention of floods or
for the draining of land adjoining or near the river or stream described in the
first schedule hereto, and having regard to the use by you of the obstruction
above mentioned and of the water thereby impounded, do hereby require you as
the occupier or person in control of such obstruction to keep open the mechanical
appliance (s) mentioned in the second schedule thereto during such times and in
such manner as specified in the said schedule.
This notice shall take effect at the expiration of seven days from the date of
service hereof, unless before such expiration notice of appeal to the Board of
Agriculture and Fisheries is given in writing to the Secretary of the said Com-
mittee at his office at ; and in the event
of any such appeal this notice shall take effect on such date if any as the Board
shall determine after considering the appeal.
First Schedule.
Name or description of river or stream.
Second Schedule.
Name or description of mill sluice or other obstruction.
Description of mechanical appliance(s).
Times and manner in which such appliance(s) is (are) to be kept open.
*Note. Any words not required should be struck out.
(a) SECTION 26 OF SALMON FISHERY ACT, 1861. This section as amended
by s. 53 of the 1873 Act is as follows :
26. The sluices, if any, for drawing off the water which would otherwise
flow over any dam shall be kept shut on Sundays and at all times when the
water is not required for milling purposes, in such manner as to cause such
water to flow through the fish pass, if any. or over the dam ; and any person
making default in complying with the requisitions of this section shall incur a
penalty not exceeding five shillings per hour for every hour during which such
default continues ; but this section shall not preclude any person from opening
a sluice for the purpose of letting off water in cases of flood, or for milling
purposes, or when necessary for the purposes of navigation, or for cleaning or
repairing any dam or mill or the appurtenances thereof.
Drainage of Lands Order, 1917 (No. 2), applying to England and
Wales.
<10) THE DRAINAGE OF LANDS ORDER, 1917 (No. 2), DATED MAY 7,
.1917, MADE BY THE BOARD OF AGRICULTURE AND FISHERIES,
UNDER REGULATION 2M OF THE DEFENCE OF THE REALM
REGULATIONS.
1917. No. 428.
Whereas under Regulation 2M of the Defence of the Realm
(Consolidation) Regulation, 1914, (a) the Board of Agriculture
and Fisheries (hereinafter referred to as "the Board ") are em-
powered, after such consultation with the Food Controller(b) as
may be arranged, and with a view to maintaining the food supply
of the country :
(;') where in the opinion of the Board, any land is injured or
likely to be injured by flooding or inadequate drainage which
might be remedied wholly or partially by the exercise of powers
which are conferred by any general or local Act, or by an award
made under any Act, or by any Commission of Sewers, and which
are not being exercised, or in the opinion of the Board are being
insufficiently exercised, to exercise any such power and also any
power conferred by any such Act or award or commission for
defraying the expenses so incurred or for any purpose incidental
to the exercise of any such power.
And whereas the Board are also empowered by the said Regula-
tion with respect to any land or land in any district, to authorise
any body constituted by the Board for the purpose to exercise on
behalf of the Board any of the powers of the Board under the said
Regulation, and to prescribe the procedure of any such body, ana
the authentication of any notice or other instrument issued by any
body so authorised.
And whereas the Board, after consultation with the Food Con-
troller, have under the said Regulation made the Cultivation
of Lands Order, 1917 (No. 3),( c ) and the Drainage of Lands
Order, 1917, (d) and are of opinion that such further Order shall
be made under the said Regulation as is herein contained.
Now the Board do hereby order as follows :
1. Paragraph 1 of the Drainage of Lands Order, 1917, (d) shall
apply as if the powers of the Board under the Paragraph (j)
hereinbefore recited, were included in the powers which by Para-
graph 1 of the Drainage of Lands Order, 1917, (d) the Body
constituted by the Cultivation of Lands Order, 19.17 (No. 3) (o)
for any county are authorised to exercise on behalf of the Board
within the county.
2. This Order applies only to England and Wales.
3. This Order may be cited as the Drainage of Lands Order,
1917 (No. 2).
In witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this 7th day of May,
nineteen hundred and seventeen.
fr-s.^ p c. Floud,
Assistant Secretary.
(a") REGULATION 2M. This as amended, and so far as it applies to England
and Wales, is printed as (1), p. 270.
fb) FOOD CONTROLLER. As to the constitution and powers of the Ministry
of Food, see Part I. of this Manual.
(c) CULTIVATION OF LANDS ORDER, 1917 (No. 3). That Order is printed
:as (2), p. 273.
(A^ DRAINAGE OF LANDS ORDER. 1917. That, Ordor is nrinWl as (i\ 307
Memorandum by Board as to Drainage of Lands and
Protection from Floods in England and Wales.
(11) DRAINAGE OF LANDS AND PROTECTION FROM FLOODS. SUM-
MARY OF MEMORANDUM BY THE BOARD OF AGRICULTURE AND
FISHERIES.
[Reg. 2M (1) (j), p. 272 ; Drainage of Lands Order, 1917 (No. 2), p. 311.]
1. In various parts of the country it is found that powers given
to Commissioners of Sewers, Drainage Boards and other bodies
and persons by Commissioners of Sewers, by Inclosure and Land
Drainage Acts and other General or Local Acts, and by Inclosure
and Drainage Awards, (a) have either been unused, or have not
been used to sufficient purpose, and that for this reason areas of
land have become water-logged or liable to floods and cannot
contribute sufficiently to the food supply of the country at the
present juncture. Where, therefore, in the opinion of the
Agricultural Executive Committee, any land is injured or likely
to be injured by flooding or inadequate drainage which might be
remedied wholly or partially by the exercise of the powers already
existing for such a purpose, the Committee are now enabled, in
cases where they think this is necessary, to exercise these powers
in the place of the body or person empowered by any such Act,
Award or Commission, to take measures for the drainage of any
land within the country, or for its protection from floods. Any
expenses incurred in taking action under these powers may be
defrayed by the Committee in the manner indicated by the Act,
Award or Commission ; where, for instance, this empowers the
authority constituted under it to raise a rate on the lands bene-
fited or to recover the expenses from the owners or occupiers of
particular lands, the Committee will be able to levy such a rate,
or to recover the expenses from such owners or occupiers.
2. In many cases Executive Committees will require funds with
which to commence operations, even though the expenses may
afterwards be recovered as indicated above. Application should
therefore be made to this Department for an advance which will
be sufficient to enable the Committee to commence any particular
work, and to carry it on until they are able to levy or recover the
expense incurred ; and the sums ultimately levied or recovered
should be credited to the Department. In making such applica-
tions, it will not be necessary to furnish detailed estimates of the
expenditure on each individual work, and in order to avoid un-
necessary delay, the Department are prepared to consider
(a) COMMISSIONERS OF SEWERS, DRAINAGE BOARDS, &c. A list of the places
to which Commissions of Sewers have been directed under these provisions, with
a description of the area included in each Commission, is given in the Parl. Paper,
1878 (170), LXV. 89.
A return, arranged by counties, of all Inclosure Awards giving the name and
parish of each common affected by an award, and the date of the authorising
Act and of the award forms the Parl. Paper, 1904, 50. LXXVI1I. 545.
Inclosure Awards are deposited with Clerks of the Peace and of County
Councils.
Memorandum by Board as to Drainage of Lands and 315
Protection from Floods in England and Wales.
immediately applications for imprests for specified sums, if
particulars are given of the general nature of the work for which
the advance is required.
3. It is desired that the powers now delegated to Agricultural
Executive Committees should be exercised mainly with a view to
securing combined action by the authorities already invested with
drainage powers, and not for the purpose of superseding them by
a central administrative machinery, and it should generally be
possible for the Committee to arrange for considerable improve-
ment of the present position without any actual exercise of the
statutory powers which the Regulation and Order enables them
to exercise.
Regulation SNN of the Defence of the Realm Regulations,
applying in England and Wales only.
3. Reduction of Acreage under Hops.(a)
(1) REGULATION 2xx OF THE DEFENCE OF THE REALM
REGULATIONS.
(1) Subject to the provisions of this regulation, the
hops, acreage cultivated with hops on any holding in England or Wales
shall, before the thirtieth day oi June nineteen hundred and
seventeen, be reduced to one-half of the acreage on the holding
which was so cultivated in the month of June nineteen hundred
and fourteen, and thereafter, so long as this regulation remains
in force, the acreage on the holding so cultivated shall never
exceed that proportion, (a) and if the occupier of any such hold-
ing fails to comply with this provision he shall be guilty of a
summary offence against these regulations.
(2). This regulation shall have effect notwithstanding any
covenant, agreement, condition, or provision as to the user of a
holding whether contained in any lease or other instrument
affecting the holding or in any verbal contract of tenancy or
implied by law, and no such covenant, agreement, condition, or
provision shall operate so as to penalise, impede, or interfere
with compliance with the obligation imposed by this regu-
lation, (b)
(3) The Board of Agriculture and Fisheries may by licence
exempt any occupier wholly or partly or for a specified period
from the obligation imposed by this regulation in any case where
it appears to the Board that by reason of exceptional circum-
stances the issue of such a licence is advisable, and may impose
any conditions by such a licence, and if an occupier of land
obtaining such licence fails to comply with any condition so
imposed he shall be guilty of a summary offence against these
regulations, (c)
(4) Any person authorised by the Board in that behalf may,
for the purposes of this regulation, and upon production if so
required of his authority, enter on and inspect any land.
(5) The Board may with respect to land in any district autho-
rise any person or any body constituted by the Board for the
purpose to exercise on behalf of the Board any of the powers of
the Board under this regulation, and prescribe the procedure of
any such body, and tke authentication of any notice or other
instrument issued by any body or person so authorised.
(a) RESTRICTIONS ON DEALINGS IN HOPS. Reg. 2j (5) of the Defence of
the Realm Regulations (p. 12) empowers the Food Controller, after consultation
with the Board of Agriculture and Fisheries, to exercise, with respect to hops,
any of the powers conferred on him by Regs. 2F to 2n (pp. 7-10), and the
Hops (Restriction) Order as amended (p. 77) restricts dealings in hops.
(b) REDUCTION ON Two OR MORE HOLDINGS. See Memorandum of Board
(2), L, p. 317.
(c) CONTRACTS OTHER THAN OF TENANCY. See Memorandum of Board
(2), II., p. 317.
Memoranda of Board of Agriculture as to Reduction of Acreage 317
under Hops in England and Wales.
(6) Land shall not for the purpose of this regulation be deemed
to be cultivated with hops, by reason only of hop plants being*
retained therein, but not cropped, if the land is as far as prac-
ticable used for the production of some other crop. (a)
(2) MEMORANDA BY THE BOARD OF AGRICULTURE AND FISHERIES AS
TO THE REDUCTION OF ACREAGE UNDER HOPS AS PROVIDED BY
REGULATION NN.
/. Redaction on Two or more Holdings.
Though Regulation 2NN enacts that the acreage bearing hops on
each holding in 1917 is to be reduced to one-half of what it was in
1914, any occupier of two or more holdings may arrange the
reduction on his various holdings as he wishes, provided a
reduction of one-half is effected on the whole.
II. (. 1 ( >ntracts.
[Reg. SNN (2), P. 316.]
Tli mi orb snhsp.rvhimi C2.} of flip. He0*iilfl,tion denls onlv with
To face page 316.
See now (Jan. 31, 1918) Eegulation 2NN as amended to this
date, printed in the ADDENDA, p. 628.
111. Exemption Licenses.
[Reg. 2NN (3), P- 316.]
It will be seen from subsection (3) of the Regulation that in
certain cases licenses may be granted by the Board to growers,
allowing them to cultivate with hops more than the prescribed
proportion of their acreage under hops in 1914. When such an
application is made by a hop grower a copy will be forwarded
to the Agricultural Executive Committee(c) of the County which
is requested to consider the application and supply an opinion as
to whether and if so to what extent a license should be granted,
and whether any conditions should be attached.
(a) ' LAND CULTIVATED WITH HOPS." See Memorandum of Board
(2), IV.,-p. 318.
(b) CONTRACTS FOR SALE OF HOPS. The Hops (Restriction) Order, 1917,
made by the Food Controller (p. 77 of Part II. of this Manual) prohibits the
purchase and sale of any hops, whether home grown or not, without a permit
issued under that Controller's authority. As to the effect of the war legislation
on contracts see Part XI. " Effect of Departments' Requirements on Contracts "
of this Manual.
(c) AGRICULTURAL EXECUTIVE COMMITTEES. As to the organisation, &c.,
of these Committees which were established by the Cultivation of Lands Order
(No. 3), 1917, printed as 2 (2), p. 273, see Memoranda by Board, printed
as 2 (3), p. 277.
318 Memoranda of Board of Agriculture as to Reduction of Acreage
under Hops in England and Wales.
IV. Meaning of "Land Cultivated with Hops"
[Reg. SNN (6), p- 317.]
Apart from the provisions of subsection (6) of the Regulation
all land is " cultivated with hops," if hops are growing thereon
in any stage of growth. The effect of subsection (6) is to exclude
from this definition any particular area on which all the hop
plants are so treated that they do not crop (for instance by cutting
or pulling the bines, or otherwise reducing the growth of the
hop plants), if the area is devoted to such production of other
crops as is practicable having regard to the retention of the hop
plants as so treated.
A grower of hops would be deemed to be complying with the
Order, even though he has failed to grub the hops, if a substan-
tial crop is grown on the land between the rows of hops and if
the hop plants are cut, pulled or otherwise reduced so that their
continued growth does not materially interfere with the growth
of the interplanted crop. But if the hops are otherwise cropped
as usual, the growing of another crop among them would not of
itself be taken as compliance with the Order.
V. Compensation.
The Board are unable to support any claim to compensation
made by an occupier of land cultivated with hops in consequence
of a reduction of the acreage so cultivated owing to the issue of
Regulation 2NN. The Regulation is of general application and
consequently a claim for compensation of this kind would not be
within the scope of the reference of the Defence of the Realm
(Losses) Royal Commission. (a)
(a) DEFENCE OF THE REALM (LOSSES) COMMISSION. As to the scope of
this Commission, see footnote (a) to 2 (6) " Compensation Claims," p. 304.
Regulation 2o of the Defence of the Realm Regulations, 31 &
applying in England and Wales.
4. Keeping- of Pigs.
REGULATION 2o OP THE DEFENCE OF THE REALM REGULATIONS.
20. With, a view to maintaining the stock of pigs in the
country, any local authority by whom a byelaw has been made standing
which is for the time being in force prohibiting, restricting, or byelaws!
regulating the keeping of pigs may grant permission, either
generally or in particular cases, to keep pigs, notwithstanding
or contrary to any provisions of any such byelaw; subject,
however, to the observance of any directions of the local authority
in the interests of public health. (a)
(a) KEEPING OF PIGS. See Memorandum of the Board of Agriculture and
Fisheries. A leaflet on the subject can be obtained free of cost on application
to the Secretary, Board of Agriculture and Fisheries, 4, Whitehall Place, S.W.I.
The enactments empowering the making of bye-laws, and containing other
restrictions as to the keeping of pigs, are contained as regards :
County of London, Public Health (London) Act, 1891 (54 & 55 Viet. c. 76),
ss. 16-18 ;
elsewhere in England, Public Health Act, 1875 (38 & 39 Viet. c. 55), ss. 44,
47, 91.
In so much of the metropolitan police district as is beyond the county of London,
s. 60 (5) of the Metropolitan Police Act, 1839, is also in force.
Regulation 2n of the Defence of the Realm Regulations as
amended and applying to England and Wales.
5. Destruction of Birds, Hares, Rabbits, Vermin
and Pests
(1) REGULATION 2n OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO ENGLAND AND WALES.
2 R . (1) The Board of Agriculture and Fisheries may, with
a view to preventing or reducing injury to crops or trees, or
wastage of pasturage by birds hares or rabbits or by vermin or
pests, or to securing' for the food supply of the country any
migratory kind of wild bird,
(a) take or authorise such action as, in the opinion of the
Board, may be necessary for such purpose, or delegate
to any body the powers conferred by this paragraph
as respects any locality;
(b) provide for the mariner in \vhich birds or hares or
rabbits killed in pursuance of the action so taken
may be disposed of ;
(c) by order, authorise the killing and taking, the sale and
purchase, and the possession, of any birds or hares or
rabbits at any time when the killing and taking, the
sale and purchase, or the possession thereof would
otherwise be unlawful. (a)
(2) A person authorised or directed to kill or dispose of bmLs or
hares or rabbits under this regulation shall not be required to
obtain for such purpose a licence to kill game, and shall have the
same power of selling game killed by him or by the persons
authorised by him as if he had a licence to kill game(b) ;
Provided that nothing in this regulation shall exempt any
person from the provisions of the Gun Licence Act, 1870, (c)
(a) CLOSE TIME FOR BIRDS AND HARES. The close time for pheasants,
partridges, grouse and black game is fixed by the Game Acts, and is not under
those Acts alterable by Statutory Order. See the Orders under (1) (a) as to
grouse and black game, p. 321, and under (1) (c) as to pheasants, p. 323, 324.
The Hares Preservation Act, 1892 (55 "Viet. c. 8) prohibits the selling of hares
(other than foreign hares) between March 1st and July 31st. See the Order
under (2) as to hares, p. 330. For rabbits there is no close time. The close
times for woodcock, snipe, quail, landrail and wild duck, widgeon and teal
and other wild birds depends on Orders of the Home Secretary under the
Wild Birds Protection Acts.
(b) LICENCE TO KILL GAME. Such a licence authorises the selling of game
killed under it without any further licence.
(c) GUN LICENCE ACT, 33 & 34 Viet. c. 57. This Act makes an excise licence
to use or carry a gun obligatory.
Grouse and Black Game (England and Wales) Order, 1917. 321
(2) ORDERS OF THE BOARD OF AGRICULTURE AND- FISHERIES UNDER
REGULATION SR AND THE BOARD'S MEMORANDA RELATIVE
THERETO GROUPED AS FOLLOWS I
(i) Birds, p. 321.
(ii) Hares, p. 330.
(iii) Rabbits, p. 331.
(iv) Vermin and Pests, p. 333.
(i) Birds.(a)
(a) Grouse and Slack Game,
p. 321.
(b) Migratory Wild Birds,
p. 322,
(c) Pheasants, p. 323.
(d) Rooks, p. 328.
(a) Grouse and Black Game.
IHE GROUSE AND BLACK GAME (ENGLAND AND WALES) ORDER,
1917, DATED AUGUST 3, 1917, MADE BY THE BOARD OF AGRI-
CULTURE AND FISHERIES UNDER REGULATION 2R OF THE
DEFENCE OF THE REALM REGULATIONS.
1917. No. 795.
The Board of Agriculture and Fisheries, in pursuance of the
powers conferred on them by the above mentioned Regulation, do
hereby authorise the killing and taking, the sale and purchase,
and the possession of grouse and black game in England or
Wales, at any time between the sixth day of August (including
that day) and the date at which any of these things would become
lawful in the current year if this Order had not been made, by
any person who would be entitled to do any of these things after
the last-mentioned date.
This Order may be cited as the Grouse and Black Game (Eng-
land and Wales) Order, 1917.
In Witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this third day of
August, Nineteen hundred and seventeen.
(L.S.) A. D. Hall,
Secretary.
(a) SPARROWS. The Notice as to the arrangements for destructipn of Rats
aftd Sparrows is printed at p. 333, under ". (iv) Vermin and Pests."
3167
322 Killing of Migratory Wild Birds in England and Wales for Food.
(b) Migratory Wild Birds.
ORDER, DATED JULY 30, 1917, "MADE BY THE BOARD OF AGRICUL-
TURE AND FISHERIES UNDER REGULATION 2n OF THE DEFENCE
OF THE REALM REGULATIONS, AUTHORISING THE KILLING OF
CERTAIN MIGRATORY KINDS OF WILD BIRDS.
The Board of Agriculture and Fisheries in exercise of the
powers conferred on the Board by Regulation 2R of the Defence
of the Realm Regulations and with a view to securing for the
food supply of the country the migratory kinds of wild birds
enumerated in the Schedule to this Order, do hereby authorise
in England and Wales:
(1) The killing and taking of any kind of bird enumerated in
the said Schedule on and after the first day of August, nineteen
hundred and seventeen until the commencement of the close
season for the year nineteen hundred and eighteen by any person
who, but for the provisions pf the Wild Birds Protection Acts,
1880 to 1896, (a) or of an Order made by a Secretary of State
under those Acts,( b ) relating to the period during which the
killing and taking of such birds is prohibited, would be entitled
to kill and take such birds.
(2) This Order shall not apply to the killing or taking of any
such bird in any area vested in the National Trust for preserva-
tion as a nature reserve (including any such area as may be in
the temporary occupation of any Government Department). (b)
In witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this thirtieth day of
July, nineteen hundred and seventeen.
(L.S.) F. L. C. Floud,
Assistant Secretary.
Schedule.
Curlew, Knot, Whimbrel, Golden Plover, Red Shank, Godwit,
Snipe, Woodcock, Teal, Widgeon, Mallard, Shoveler, Pochard,
Pin-tail, Brent Goose, Barnacle Goose, Pink footed Goose, White
fronted Goose, and Grey lay Goose.
(a) WILD BIRDS PROTECTION ACTS, 1880 TO 1896. These are those of
1880 (43 & 44 Viet. c. 35), 1881 (44 & 45 Viet. c. 51), 1894 (57 & 58 Viet. c. 24)
and 1896 (59 & 60 Viet, c 56).
There are three further Wild Birds Protection Acts, viz. of :
1902 (2 Edw. 7. c. 6), relating to the forfeiture of birds or eggs in respect
of which an offence has been committed ;
1904 (4 Edw. 7. c. 4), prohibiting the setting of certain springs, traps and
gins ; and
1908 (8 Edw. 7. c. 11), prohibiting the taking of wild birds by hooks.
These three Acts are unaffected by the Order.
The local authorities in England and Wales under the Acts are in county
boroughs the town councils and elsewhere the county councils (see s. 3 (xiii.) of
the Local Government Act, 1888 (51 & 52 Viet. c. 41), and ss. 8, 9 of the Wild
Birds Protection Act of 1880, and s. 3 of that of 1896.
(b) ORDERS OF THE SECRETARY OF STATE. For each county, and for
many of the county boroughs, there are separate Orders, all of which are
printed as Statutory Rules and Orders. A list of the Orders made each year is
printed in the Classified List of Local Orders at the end of each year's annual
volumes of St. R. & O
Pheasants (Rearing) Order, 1917, applying in England and Wales. 323
(c) Pheasants.
(i) Pheasants Rearing Order,
p. 323.
(ii) Memorandum thereon, p.
324.
(iii) Pheasants Destruction
Order, p. 324.
(iv) Memorandum thereon, p.
326.
(i) THE PHEASANTS (REARING) ORDER, 1917, DATED MAY 23,
1917, MADE BY THE BOARD OF AGRICULTURE AND FISHERIES
UNDER REGULATION R OF THE DEFENCE OF THE REALM
REGULATIONS.
1917. No. 495.
The Board of Agriculture and Fisheries in exercise of the
powers conferred on the Board by Regulation 2R of the Defence
of the Realm Regulations, 1914, and with a view to preventing
injury to crops, do hereby order as follows :
(1) The hatching and rearing of pheasants by any artificial
means is hereby prohibited, except under and in accordance with
the conditions (if any) imposed by licence granted by the Board of
Agriculture and Fisheries. (a)
(2) Any person authorised by the Board in that behalf may,
upon production if so required of his authority, enter on any land
for the purpose of ascertaining whether the requirements of this
Order are being complied with. An Authority under this pro-
vision may be given on behalf of e Board by the War
Agricultural Executive Committee, constivuted for any county by
any Order of the Board under the said Regulations, (b) for entry
on land in the county. (c)
In witness whereof the Board of Agri-
culture and Fisheries have hereunto set
their Official Seal this twenty-third day
of May, nineteen hundred and seventeen.
(L.S.) F. L. C. Floud,
Assistant Secretary.
(a) LICENCES. See (ii) Memorandum by Board, p. 324.
(b) AGRICULTURAL EXECUTIVE COMMITTEES. As to these Committees, see
the Cultivation of Lands Order, 1917 (No. 3), printed as 2 (2), p. 273, and
Memorandum by the Board as to Organisation, &c., of such Committees, printed
8( 3), p. 277.
(c) AUTHORITY TO ENTER ON LAND. See (ii) Memorandum by the Board,
p. 324.
3167 L 2
324 Destruction of Pheasants Order, 1917 (No. 2) applying in
England and Wales.
(ii) REARING OF PHEASANTS. SUMMARY OF MEMORANDUM BY
BOARD OF AGRICULTURE AND FISHERIES .
1. By the Pheasants (Bearing) Order, 1917, the hatching and
rearing of pheasants by any artificial means is prohibited except
under licence issued by the Board. This prohibition applies
(among other matters) to the common method of hatching
pheasants by putting the eggs under a hen, to feeding the birds
by hand, and so on. The power to issue licences is reserved by
the Board and is not delegated to the Agricultural Executive
Committee.
2. The Committee may, however, where they have reason to
think that the prohibition contained in the Order is not being
complied with, authorise any person to enter on any land for the
purpose of ascertaining whether this is being done. Any such
authority should be given in writing, as it must be produced if
required. If the result of an enquiry by any person so authorised
is to establish that the requirements of the Order are not being
complied with, the facts should be reported to this Department.
(iii) THE DESTRUCTION OF PHEASANTS ORDER, 1917 (No. 2),
DATED MAY 24, 1917, MADE BY THE BOARD OF AGRICULTURE
AND FISHERIES UNDER REGULATION 2R OF THE DEFENCE OF
THE REALM REGULATIONS.
1917. No. 514.
The Board of Agriculture and Fisheries in exercise of the
powers conferred on the Board by Regulation 2R of the Defence
of the Realm Regulations, do hereby order as follows :
1. (1) The War Agricultural Executive Committee consti-
tuted under the Cultivation of Lands Order, 1917, (a) for any
county are hereby authorised within the county to exercise on
behalf of the Board the powers conferred by Regulation 2R so far
as is necessary for the- purposes of this provision.
(2) If the Committee are satisfied that the stock of pheasants
on any land is not so reduced as to prevent substantial injury by
pheasants to the crops on the land, the Committee may take
such action as in their opinion may be necessary with a view to
such reduction of the stock of pheasants, and for such purpose
may by writing authorise and direct the occupier of the land to
kill on behalf of the Board the pheasants on the land subject to
such limitations as may be contained in the authority and direc-
(a) AGRICULTURAL EXECUTIVE COMMITTEES. As to these Committees see
the Cultivation of Lands Order, 1917 (No. H), printed as 2 ('2), p. 273, and
Memorandum by the Board as to the Organisation of those Committees
printed as 2 (3), p. 277.
Destruction of Pheasants Order, 1917 (No. 2) applying in 325
England and Wales,
tion, and any pheasants killed under this provision shall be
disposed of in such manner as the Committee shall authorise or
direct.
(3) An authority and direction issued under the foregoing
provision shall contain the same limitations as are applicable to
ground game under sub-section (1) of Section 1 of the Ground
Game Act, 1880, a copy of which sub-section is set out in the
schedule to this Order.
2. (1) Subject to the provisions of this section any person
authorised or directed under this Order or otherwise entitled to
kill pheasants may kill and take the same and any person may
sell or purchase or have in his possession pheasants, at any time
while this Order is in operation when the killing and taking of
pheasants or the sale or purchase thereof or the possession thereof
would otherwise be unlawful. (a)
(2) Nothing herein contained shall be deemed to authorise :
(a) the killing or taking of pheasants on a Sunday(b) ; or
(6) the putting of any poison or poisonous ingredient on
any ground, whether open or inclosed, where game
usually resort, or in any highway with intent to
destroy or injure pheasants(c) ; or
(c) the sale or buying or possession of pheasants without
such licence as is by law required, except in the case
of a sale made under the authority of Section (2) of
Regulation 2n to a person licensed to deal in game.(d)
3. This Order applies to England and Wales.
4. This Order may be cited as the Destruction of Pheasants
Order, 1917 (No. 2).(e)
In witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this twenty-fourth
day of May, nineteen hundred and seventeen.
OL-S.) F. L. C. Floud,
Assistant Secretary.
' (a) CLOSE TIME FOR PHEASANTS UNDER GAME ACT. Under s. 3 of the
Oame Act, 1831 (1 & 2 Will. 4. c. 32), it is unlawful to kill pheasants after
January 31st, or to buy, sell or have them in possession after February 10th in
any year.
(b) SUNDAY KILLING. S. 3 of the Game Act, 1831, provides a penalty of 5
for each offence and costs of conviction.
(c) LAYING POISON. S. 3 of the Game Act, 1831, provides a penalty of 10
and costs of conviction.
(d) SALE, &c. OP PHEASANTS. -See Reg. 2R (2), p. 320, and footnote (b)
thereto.
(e) DESTRUCTION OF PHEASANTS ORDER OF FEBRUARY 26, 1917. The
previous Order, printed p. 263 of the February, 1917, Edition of the " Defence
of the Realm Manual," related only to the period ending March 30th, 1917, and
having expired is omitted from this Edition.
3167
326 Memorandum as to Destruction of Pheasants in England and
Wales.
Schedule.
SUB-SECTION (1) OF SECTION 1 OF THE GROUND GAME ACT, 1880.
(1) The occupier shall kill and take ground game only by him-
self or by persons duly authorised by him in writing;
(a) The occupier himself and one other person authorised
in writing by such occupier shall be the only persons
entitled under this Act to kill ground game with
firearms ;
(6) No person shall be authorised by the occupier to kill or
take ground game, except members of his household
resident on the land in his occupation, persons in his
ordinary service on such land, and any other person
bond fide employed by him for reward in the taking
and destruction of gTOund game;
(c) Every person so authorised by the occupier, on demand
by any person having a concurrent right to take and
kill the ground game on the land or any person
authorised by him in writing to make such demand,
shall produce to the person so demanding the docu-
ment by which he is authorised, and in default he
shall not be deemed to be an authorised person.
(iv) DESTRUCTION OF PHEASANTS. SUMMARY OF MEMORANDA BY
THE BOARD OF AGRICULTURE AND FISHERIES.
1. The Destruction of Pheasants Order, 1917 (No. 2) authorises
the Agricultural Executive Committee, in any case where they
are satisfied that the stock of pheasants on any land is not so
reduced as to prevent substantial damage to crops by pheasants, to
take any action that in their opinion may be necessary with a view
to such reduction of the stock of pheasants as may be desirable to
prevent substantial injury being done by them to the crops. The
landlord or other person already entitled to kill pheasants on the
land is enabled to continue doing so without further authority,
whether in the close season or not, so long as this Order remains
in force.
2. With the view above mentioned the Committee may
authorise and direct the occupier to kill the pheasants on the
land in his occupation. This authority and direction must be in
writing, and must contain limitations similar to those applicable
to the killing of ground game under Section 1 (1) of the Ground
Game Act, 1880, of which sub-section a copy is appended to the
Order; and it may also contain such further limitations as the
Committee think fit to impose.
Memorandum as to Destruction of Pheasants in England and 327
Wales.
3. Before the Committee issue any such authority and
direction, they should obtain a report as to the stock of
pheasants on the land and the risk of substantial damage there-
from to the crops, and should also ascertain what steps the person
entitled to kill the pheasants is taking to make the necessary
reduction in their numbers.
4. If the Committee decide to issue such an authority and
direction to an occupier, they may authorise him to dispose of the
pheasants that he kills, or may provide for their disposal in such
other manner as the Committee may think fit.
5. Article 2 of the Order enables persons who- are entitled
ordinarily to kill pheasants in the shooting season and other
persons duly authorised under this Order to do so at any time
while the Order is in operation; and legalizes the sale, purchase
and possession of pheasants during the continuance of the Order.
6. Any tenant killing game, under a direction issued by the
Committee under the Order will, by virtue of Section 2 of the
Courts (Emergency Powers) Act, 1917, be protected from any
claim in respect of non-fulfilment of his tenancy contract due to
the necessity for compliance with that direct ion. (a) The tenant
will not require a game licence for this purpose, but must hold a
gun licence.
7. It may be desirable in any authority and direction issued
by the Committee to call attention to the restrictions imposed by
Article 2 (2) of the Order which are based on the existing Game
Laws.
(a) EFFECT OF DEPARTMENTS' REQUIREMENTS ON CONTRACTS. See Part
XI. of this Manual.
3167 L 4
Rookeries Order, 1917, applying to England and Wales.
(d) Rooks.
(i) THE ROOKERIES ORDER, 1917, DATED APRIL 17, 1917, MADE BY
THE BOARD or AGRICULTURE AND FISHERIES.
Ihe Board of Agriculture and Fisheries in exercise of the
powers conferred on the Board by Regulation 2n of the Defence
of the Realm (Consolidation) Regulations, 1914, do hereby order
as follows :
(1) The War Agricultural Executive Committee constituted
under any Order made by the Board under the said Regulations
for any county(a) are hereby authorised within the county to
exercise on behalf of the Board the powers conferred by Regula-
tion R so far as is necessary for the purposes of this Order.
(2) If the Committee are satisfied that the rooks in any rookery
are so numerous that they cause or are likely to cause injury to
crops, the Committee may take such action as in their opinion
may be necessary with a view to diminishing the numbers of such
rooks in order to prevent or reduce such injury, and for such
purposes may by writing authorise any person named in such
writing on their behalf to enter upon any land described in any
such authority for the purpose of killing the rooks upon such
land, or in any other manner diminishing their number, (b) and
to kill the rooks and diminish their number, subject to such
limitations as may be contained in the authority and direc-
tion, (c) and any rooks killed under this provision shall be
disposed of in such a manner as the Committee shall authorise
and direct.
(3) Nothing herein contained shall be deemed to authorise the
putting of any poison or poisonous ingredient on any land.(d)
(4) This Order applies to England and Wales.
(5) This Order may be cited as the Rookeries Order, 1917.
In witness whereof the Board of Agricul-
ture and Fisheries have hereunto set
their Official Seal this Seventeenth
day of April, nineteen hundred and
seventeen.
F. L. C. Floud,
Assistant Secretary.
(a) WAR AGRICULTURAL EXECUTIVE COMMITTEES. As to these Committees
see the Cultivation of Lands Order, 1917 (No. 3), printed as 2 (2), p. 273, and
Memorandum by the Board as to Organisation of the Committees, printed as
2 (3), p. 277.
(b) DIMINISHMENT OF NUMBER OF ROOKS. See (ii) Memorandum of the
Board, p. 329.
(c) WRITTEN AUTHORITY. See (ii) Memorandum of the Board, p. 329.
(d) PLACING POISON ON LAND. This is prohibited by s. 8 of the Protection
of Animals Act, 1911 (1 & 2 Geo. 5, c. 27), subject to certain special limitations,
Memorandum as to Destruction of Rooks in England and Wales. 329
(ii) DESTRUCTION OF- BOOKS. SUMMARY OF MEMORANDA OF THE
BOARD OF AGRICULTURE AND FISHERIES.
1. The Bookeries Order, 1917, empowers Executive Com-
mittees where the rooks in any rookery are so numerous that
they cause or are likely to cause injury to crops, and the owner of
the rookery has been requested to reduce the rooks himself and
has failed to do so, to authorize any person to go into the rookery
and kill the rooks or otherwise diminish their number, for
instance, by destroying the nests, or scaring the birds from their
nests.
2. The authority must be in writing, and must specify the
land which may be entered, and the name of the person or
persons who are authorised to enter and kill or diminish the
number of the rooks. It should provide for the manner of
disposal of any rooks that are killed under the authority.
3. Such an authority will not dispense with the necessity for a
;gun licence, if the rooks are to be killed by shooting.
330 Sale f Hares Order, 1917, applying to England and Wales.
(ii.) Hares.
(i) THE SALE OF HARES ORDER, 1917, DATED JUNE 5, 1917, MADE
BY THE BOARD OF AGRICULTURE AND FISHERIES UXDER
REGULATION 2R OF THE DEFENCE OF THE REALM REGULATION.
1917. No. 631.
The Board of Agriculture and Fisheries in exercise of the-
powers conferred on the Board by Regulation 2R of the Defence-
of the Realm Regulations, 1914, do hereby order as follows:
^ 1. Notwithstanding anything contained in the Hares Preserva-
tion Act, 1892, it shall be lawful during the continuance of this
Order to sell or expose for sale in any part of England and Wales
any hare or leveret.
2. Nothing herein contained shall be deemed to authorise the
selling or exposing for sale of hares by any person who is not by
law entitled to sell or expose the same.
3. This Order may be cited as the Sale of Hares Order, 1917.
In witness whereof the Board of Agriculture
and Fisheries have hereunto set their
Official Seal this fifth day of June, Nine-
teen hundred and seventeen.
(L.S.) F. L. C. Floucl,
Assistant Secretary.
(ii) SALE OF HARES. SUMMARY or MEMORANDUM OF THE BOARD
OF AGRICULTURE AND FISHERIES.
The Hares Preservation Act, 1892 (66 & 56 Viet. c. 8) pro-
hibited the sale or exposure for sale during March, April, May,
June or July in any year of hares or leverets. Many owners and
occupiers are taking steps to reduce the number of hares on their
lands in order to protect crops and pasturages. In order to
prevent the hares so killed from being wasted and to secure their
use as food this Order allows hares or leverets to be sold or exposed
for sale, by any person entitled by law to do so at any time
notwithstanding the statutory prohibition as to sale during the
months mentioned.
Rabbits Order, 1917, applying to England and Wales. 331
(iii.) Rabbits.
(i) THE BABBITS ORDER, 1917, DATED MAY 12, 1917, MADE BY THE
BOARD OF AGRICULTURE AND FISHERIES UNDER REGULATION
2R OF THE DEFENCE OF THE REALM REGULATIONS.
1917. No. 494.
The Board of Agriculture and Fisheries in exercise of the
powers conferred on the Board by Regulation 2n of the Defence
of the Realm Regulations, 1914, do hereby order as follows :
(1) The War Agricultural Executive Committee constituted
under any Order made by the Board under the said Regulations
for any county(a) are hereby authorised within the county to
exercise on behalf of the Board the powers conferred by Regula-
tion 2n so far as is necessary for the purposes of this Order.
(2) .Where the Committee are satisfied that injury to crops or
trees or wastage of pasturage is being caused or is likely to be
caused by rabbits and that the exercise of the powers hereby
conferred is desirable, the Committee may take such action as in
their opinion is necessary or expedient with a view to preventing
or reducing such injury or wastage, and for such purposes may
by writing' authorize any person named in such authority on
their behalf to enter upon any land described in any such
authority for the purpose of killing and taking the rabbits upon
such land,, and to kill and take the rabbits, subject to such
limitations as may be contained in the authority, and any rabbits
killed under this provision shall be disposed of in such manner
as the Committee shall authorize and direct, (b)
(3) Nothing herein contained shall be deemed to authorize the
iise of firearms for the purpose of killing rabbits between the
expiration of the first hour after sunset and the commencement
of the last hour before sunrise, or the use of spring traps except
in rabbit holes, (c) or the use of any poison or poisonous ingre-
dient, (d) or be deemed to exempt any person from the provisions
of the Gun Licence Act, 1870. (e)
(4) The powers herein before authorized to be executed by a
War Agricultural Executive Committee constituted for a county
(a) WAR AGRICULTURAL EXECUTIVE COMMITTEES. As to these Committees
see the Cultivation of Lands Order, 1917 (No. 3), printed as 2 (2), p. 273 and
Memorandum by the Board as to Organisation of the Committees printed as 2
(3), p. 277
(b) WRITTEN AUTHORITY. See (ii) Memorandum of the Board, p. 332.
(c) SPRING TRAPS. Spring traps, except in rabbit holes, are prohibited by
s. 6 of the Ground Game Act, 18X0 (43 & 44 Viet. c. 47, s. 6).
(d) PLACING POISON ON LAND. This is prohibited by s. 6 of the Ground
Game Act, 1*80, and subject to certain special limitations by s. 8 of the Pro-
tection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27).
(e) GUN LICENCE ACT, 33 & 34 Viet. c. 57. This Act makes an excise licence
to use or carry a gun obligatory.
332 Memorandum as to Destruction of Rabbits in England and Wales.
may be exercised in the city and county borough of Birmingham
by the War Agricultural Executive Committee constituted under
the Cultivation of Lands (Birmingham) Order, 1917 (No. 2), (a)
and in any other county borough by the Council of the Borough.
(5) This Order applies to England and Wales.
(6) This Order may be cited as the Babbits Order, 1917.
In witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this 12th day of May,
nineteen hundred and seventeen.
(L.S.) F. L. C. Floud,
Assistant Secretary.
(ii) RABBITS. SUMMARY OF MEMORANDUM BY BOARD OF AGRICUL-
TURE AND FISHERIES.
1. The Rabbits Order, 1917, delegates to Agricultural
Executive Committees power to take the necessary action for the
destruction of rabbits where they consider it desirable in order to
prevent injury to crops or trees or wastage of pasturage; and to
authorise farmers and other persons to enter upon land for the
purpose of killing and taking rabbits.
2. In every case in which the Committee consider that action
should be taken, it will be necessary for the Committee (as
provided in Article 2 of the Order) to give authority in writing
to a person named to enter upon the land described in the
authority and to kill and take the rabbits, and to give instruc-
tions as to the disposal of the rabbits.
3. The person named in the authority may be the occupier of
the land affected by the excessive number of rabbits, or any
other person whom the Committee think fit to employ for the
purpose. In addition to the authority, the Committee should
give that occupier or other person instructions, directing him to
take the action indicated in the authority.
(a) CULTIVATION OF LANDS (BIRMINGHAM) ORDER, 1917 (No. 2). This
Order, dated April 5, 1917 (which being of a local character is not printed in this
Manual) constituted a War Agricultural Executive Committee for the city of
Birmingham and conferred on them the powers delegated to Executive Com-
.mittees for administrative counties by the Cultivation of Lands Order 1917
(No. 3). printed as 2 (2), p. 273, or the Drainage of Lands Orders, printed as 2
(7), p. 307, and 2 (10), p. 313. This Birmingham (No. 2) Order also revoked &
previous Birmingham Order on the like subject.
Arrangements for Destruction of Rats and Sparrows in England
and Wales.
(iv.) Vermin and Pests (a).
NOTICE AS TO ARRANGEMENTS FOR DESTRUCTION OF EATS AND
SPARROWS.
The following Notice is issued at the request of the Presidents
of the Local Government Board and the Board of Agriculture :
Attention is called to the great increase of rats and house
sparrows in many parts of the country, and to the depredations
committed upon crops by these pests. It is most important that
every practicable means of conserving the national food supply
should be adopted.
The arrangements for destruction which commend themselves
to the Board of Agriculture and Fisheries are as follows :
(1) The formation of Eat and Sparrow Clubs as recom-
mended in the leaflet No. 84 issued by the Board of
Agriculture and Fisheries;
(2) The appointment of a professional ratcatcher at a fixed
weekly wage;
(3) The offering of rewards to other persons at rates which
should not exceed
Is. per dozen rats' tails;
3d. ,, ,, heads of fully fledged house sparrows;
2d. ,, ,, heads of unfledged house sparrows;
Id. ,, ,, house sparrows' eggs.
If rewards are offered, great care must be taken to prevent
fraud. Competent persons should be appointed who would be
responsible for making the payments, and for ensuring. that the
tails, heads and eggs brought in are destroyed as soon as the
reward has been paid, and are not taken away by the payee or
by any other person, and they should be authorised to withhold
payment and report any case in which there might be reason to
suspect fraud.
If school children are set to work on the destruction of sparrows,
they should not be allowed to claim rewards, unless the work
has been done under the direct supervision of the schoolmaster or
schoolmistress ; rewards for the destruction of rats should not be
given to schoolchildren.
It should be borne in mind that the sparrow that does injury
to crops and that requires to be destroyed is the common house
sparrow.
While it is considered that the bulk of the expenditure c^r,
and should be 'defrayed by persons interested or from voluntary
sources no objection will be raised by the Local Government
Board to reasonable expenditure by District or Parish Counci]
or Parish Meetings in. England and Wales which desire to assist
in this work being defrayed out of the funds at their disposal.
In view of the need for economising paper, it has been thought
inadvisable to send a circular to the large number of authorities
concerned and it will not be necessary for the authorities to
communicate with the Department on the subject.
(a) DESTRUCTION OF PESTS. An epitome of the Destructive Insects and
Pests Acts and Orders wMch are directed to the prevention of injurv to crops,
trees and bushes by insects or pests is given in Appendix VI. (5) of this Manual.
Regulation 2s of the Defence of the Realm Regulations applying
to England and Wales.
6. Destruction of Stray Dogs.
REGULATION 2s OF THE DEFENCE OF THE REALM REGULATIONS.
2 s . (1) Where a dog has been seized as a stray dog by a
police constable under the Dogs Act, 1906, it may be destroyed
under that Act at any time after the expiration of three clear
days from the time of seizure, unless in the meantime the owner
of the dog has claimed the dog, and produced his licence in
respect of the dog or proved that the dog is not one in respect
of which a licence is required, and paid all expenses incurred by
reason of its detention; and a notice served under subsection (2)
of section three of the Dogs Act, 1906, on the owner of the dog 1
which contains a statement to this effect shall be a sufficient
compliance with that subsection.
(2) Any person who takes possession of a stray dog shall, unless
he immediately returns the dog to its owner, forthwith hand the
dog over to a police constable; and if he fails to do so, shall be
guilty of a summary offence against these regulations; and a
dog so handed over to a police constable shall thereupon be treated
as a dog seized by him as a stray dog under the Dogs Act, 1906. (a)
(a) DOGS ACT, 1906 (6 EDW. 7, c. 32). Under that Act a stray dog seized
by the police thereunder could not be destroyed until the expiration of 7 daya
from the service of notice on the dog's owner.
The Dogs Order of 1906 (St. R. & O., 1906, No. 791) empowers local
authorities to make regulations as to wearing by dogs of collars : a dog in respect
of which such regulations are contravened may be seized and dealt with as a
stray dog.
Regulation ST of the Defence of the Realm Regulations as 335
applying to England and Wales.
7. Supply of Horses for Agriculture.
(1) REGULATION 2x OF THE DEFENCE OF THE REALM REGULATIONS
SO FAR AS IT APPLIES TO ENGLAND AND WALES.
2 T . (1) An occupier of an agricultural holding in England Restriction
and Wales shall not sell or part with the possession of any horse n parting
used, or capable of being used, for the cultivation of the Jj r^ r
holding(a) except with the authority of a licence granted under cu it u re.
this regulation.
(2) The Board of Agriculture and Fisheries in relation to any
holding in England or Wales may by licence authorise the
occupier of a holding to sell or part with the possession of a
horse, if the Board are satisfied that the cultivation of the
holding will not be thereby prejudiced,(b) or that for any other
reason the issue of such a licence is necessary or desirable, and
any licence so issued may contain such conditions as the Board
think desirable.
(3) The Board may authorise any person or any body consti-
tuted by the Board under these regulations to exercise on behalf
of the Board the power of issuing licences under this regulation.
(4) Any person who sells or parts with the possession of a horse
in contravention of this regulation or fails to comply with any
condition of a licence issued under this regulation, and any
person who buys any horse which he knows to be sold to him in
contravention of this regulation, shall be guilty of a summary
offence against these regulations.
(5) The expressions " agricultural holding " and " occupier "
shall have the same meaning as in Regulation 15o.(c)
(a) "HORSE USED OR CAPABLE OP BEING USED FOR CULTIVATION OF THE
HOLDING." See paragraph 4 of Memorandum by Board printed as (3), p. 337.
(b) PREJUDICE" TO HOLDING BY SALE OF HORSE. -See paragraph 3 of
Memorandum by Board printed as (3), p. 337.
(c) "AGRICULTURAL HOLDING", " OCCUPIER." Reg. 15D provides as
follows :
" For the purposes of this regulation, ' agricultural holding ' means any
piece of land which is wholly agricultural or wholly pastoral, or part agri-
cultural and as to the residue pastoral, or in whole or in part cultivated /or
the purposes of the trade or business of market gardening ; and ' occupier '
includes any person for the time being having the management of the
holding.'
Sale of Horses Order, 1917, applying in England and Wales.
(2) THE SALE OP HORSES ORDER, 1917, DATED JUNE 14, 1917,
MADE BY THE BOARD OP AGRICULTl RE AND FISHERIES
UNDER REGULATION 2T OP THE DEFENCE OP THE
REALM REGULATIONS.
1917. Ts T o. 559.
Whereas under Regulation 2T of the Defence of the Realm
Regulations, 1914, which, so far as it applies to England and Wales,
i set out at the foot of this Order.(a) the Board of Agriculture and
Fisheries are empowered to authorize any person or any body con-
stituted by the Board under those Regulations to exercise on behalf
of the Board the powers of issuing licences under Regulation 2T ;
Now the Board of Agriculture and Fisheries do hereby order as
follows :
1. The following bodies and persons are hereby authorised to
exercise on behalf of the Board the power of issuing licences under
Regulation 2T, that is to say :
(a) in the case of an agricultural holding situate wholly or
partly in an administrative county having a War Agri-
cultural Executive Committee constituted under the
Cultivation of Lands Order, 1917 (No. 3), that Com-
mittee^) ;
(b) in the case of an agricultural -holding situate wholly in the
administrative county of London, the clerk of that
council ;
(c) in the case of an agricultural holding situate wholly in the
city and county borough of Birmingham, the War
Agricultural Executive Committee constituted under
the Cultivation of Lands (Birmingham) Order, 1917
(No. 2)(c) ; and
(d) in the case of an agricultural holding situate whollj in any
other county borough, the clerk of the borough council.
2. This Order may be cited as the Sale of Horses Order, 1917.
In witness whereof the Board of Agriculture and Fisheries
have hereunto set their Official Seal this fourteenth day
of June, nineteen hundred and seventeen.
(L.s.) F. L. C. Floud,
Assistant Secretary.
(a) REGULATION 2x. That Reg. is printed so far as it applies to England
and Wales at p. 335, and is, therefore, not reprinted at the foot of this Order.
(b) AGRICULTURAL EXECUTIVE COMMITTEES. As to the organisation, &c., of
these Committees, see Summary of Memoranda by the Board printed as 2 (3),
p. 277.
(c) CULTIVATION OF LANDS (BIRMINGHAM) ORDER, 1917 (No. 2). As to
this Order which confers on the Agricultural Executive Committee for the City
of Birmingham certain powers of the Executive Committees for counties, see
footnote (a) to the Rabbits Order, 1917, p. 332.
Licences by Agricultural Executive Committees in England and 33'
Wales for Sale of Horses.
(3) SALE or HORSES. SUMMARY OF MEMORANDA or THE BOARD OF
AGRICULTURE AND FISHERIES.
1. Acting under Regulation 2x, which has been issued with
the object of retaining an adequate supply of horses on the land,
the Board have made the Sale of Horses Order, 1917, delegating
to the Agricultural Executive Committees the power to issue
licences for such sale. For London and County Boroughs in
which no Agricultural Executive Committee exists these powers
are delegated to the Clerks of the County Council and County
Borough Councils.
2. The Order prohibits an occupier of any agricultural holding
selling or parting with the possession of any horse used or
capable of being used for the cultivation of the holding except
with the authority of a licence which may be granted if the
Executive Committee or other authority named in the Order is
satisfied that the cultivation of the holding will not be thereby
prejudiced or that for any other reason the issue of such a licence
is necessary or desirable, and any licence so issued may contain
such conditions as the Executive Committee or other authority
may think desirable.
[Reg. 2T (2), p. 335.]
3. In considering the .question as to whether the cultivation
of a holding will be prejudiced by the sale of a horse, the Board
desire that regard should be had to the proper working of any
additional land which might reasonably be brought into cultiva-
tion by the occupier of the holding for the harvest of 1918.
[Reg. 2T (1), p. 335.]
4. The expression " any horse used or capable of being used for
the cultivation of a holding" should as a general rule be con-
sidered to include unbroken horses, suitable for farm work, of two
years old and upwards, and in view of the urgent need for horses
for Agricultural purposes such horses should be broken in forth-
with.
5. In granting any licence authorising a sale the Committee
should ^ satisfy themselves that the vendor intends to sell the
horse (if suitable for the purpose) to an occupier of an agricul-
tural holding, or to a person duly authorised by the Board of
Agriculture and Fisheries or the Army Council to purchase the
horse for Government purposes, and this should be secured by a
condition of the licence unless there are any special circum-
stances that justify its being waived. This condition has been
inserted in the prescribed form of licence appended hereto,. and
should be struck out if not required. A space has been left for
the insertion of any special condition imposed in a particular
case.
338 Licences by Agricultural Executive Committees in England and
Wales for Kale of Horses.
In every case it should be made a condition that the detachable
part of the licence should be signed by the licensee and the person
to whom the animal is sold or transferred, and returned to the
authority granting 1 the licence within three days after the sale,
or in any event within twenty-one days of the date when the
licence was issued. The number should be inserted on both parts
as well as on the counterfoil, at the time of issue.
6. The Board have initiated a scheme which has as its
object the purchase of any horses which are surplus to
farmers' own requirements for use in connection with the cultiva-
tion of a largely increased area of land for the harvest of 1918, so
as to provide a supply of horses which will supplement any that
may be rendered available by the military 'authorities for that
purpose.
7. In order to facilitate the purchase or better distribution of
any surplus horses for Agricultural purposes or when necessary
for Army requirements, Committees are requested to issue a
notice forthwith inviting farmers within their area who have
surplus horses for sale to notify them of that fact, giving the
necessary particulars, and after such offers have been reviewed
to ascertain whether the horses can be considered as surplus to
the farmers* requirements, to forward a list to this Department
each week.
Licences by Agricultural Executive Committees in England and
Wales for Sale of Horses.
339
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340
Duty to
furnish in-
formation on
eesser of
agricultural
employment
of male
person of
16 years or
over.
Regulation 41AAA of the Defence of the Realm Regulations as
applying to England and Wales,
8. Cesser of Agricultural Employment.
(1) REGULATION 41AAA OF THE DEFENCE OF THE REALM REGULA-
TIONS SO FAR AS IT APPLIES TO ENGLAND AND WALES.
41AAA. Any person who in England or Wales employs in
agriculture any male person of sixteen years of age or over (such
employment not being of a casual nature) shall on sucli person
ceasing to be so employed by him give or send to the Board of
Agriculture and Fisheries or to such person or body of persons
as the Board may direct in that behalf, notice in writing within
twenty-four hours of the termination of the man's employment,
stating his name, the nature of his employment, his place of
residence whilst so employed, and particulars (where known to
him) of the man's new employer and place of employment (if
any).
If any person fails to give or send a notice in accordance with
the requirements of this regulation, or in any such notice gives
any false information, he shall be guilty of a summary offence
against these regulations.
In this regulation the expression "agriculture" includes
market gardening and forestry.
(2) THE AGRICULTURAL EMPLOYMENT ORDER, 1917, DATED APRIL
16, 1917, MADE BY THE BOARD OF AGRICULTURE AND
FISHERIES UNDER REGULATION 41AAA OF THE DEFENCE OF THE
REALM REGULATIONS.
1917. No. 365.
1. The Board of Agriculture and Fisheries hereby direct that
a notice by any person under Regulation 41AAA of a person
ceasing to be employed in agriculture by him shall be given or
sent to the Secretary of the War Agricultural Executive Com-
mittee^) for the administrative < county in which the person
ceasing to be employed resided at such termination of his
employment, or if the place of residence is not in a county for
which there is such a Committee, to the Board of Agriculture
and Fisheries, Food Production Department, 72, Victoria Street,
London, S.W.I.
2. This Order applies to England and Wales.
3. This Order may be cited as the Agricultural Employment
Order 1917.
In witness whereof the Board of Agriculture and Fisheries
have hereunto affixed their official seal this Sixteenth day
of April, Nineteen hundred and seventeen.
E. L. Mitchell,
Authorised by the President.
(a) AGRICULTURAL EXECUTIVE COMMITTEES. As to the organisation, &c.,
of these Committees which were constituted by the Cultivation of Lands Order
(No. 3), 1017, printed as 2 (2), p. 273, see Memorandum by Board of Agriculture
printed as 2 (3), p. 277
[BOARD OF AGRSCUZiTITRE FOR SCOTLAND. 341
[Attention is directed to the Introductory Note at p. iii which
states the scope and arrangement of this Manual.]
PART VI.
[relating to Scotland only].
POWERS AND ORDERS OF THE BOARD
OF AGRICULTURE FOR SCOTLAND
UNDER THE DEFENCE OF THE
REALM REGULATIONS.(a) (b)
INTRODUCTORY NOTE TO PART VI.
(1) Contents of Part VI. This Part of this Manual comprises
those 9 Regulations (2L, SM, 2N (which is ancillary to the two
first named), 2o, 2a, 2n, 2s, 2i and 41AAA) which confer
express powers of " maintaining the food supply of the country "
on the Board of Agriculture for Scotland (those Regulations
being here printed as amended to October 21, 1917, and in the
form in which they apply to Scotland), together with the full
text of all Orders now (October 21, 1917) in force made by that
Board and epitomes and notes of the Instructions and Memoranda
issued by the Board to District Agricultural Executive Com-
mittees, &c., explanatory of the Orders.
This Part of the Manual is subdivided in the manner shown in
the Table at p. 343, each of the divisions, which are arranged
according to the sequence of the code, comprising one of the 8
principal Regulations^) and grouped therewith the Orders and
Memoranda thereto relating.
(2) Duration of Powers of Board of Agriculture for Scotland
under the Defence of the Realm Regulations. The powers of
the Board under the Regulations as to maintaining the food
supply of the country will cease to operate with respect to matters
dealt with in Part IV. of the Corn Production Act, 1917 (printed
pp. 216-221), on August 21st, 1918, or on the termination of the
War (whichever is the earlier), and thereupon Part IV. of the
said Act will subject to .the modifications comprised in section
18 (1) (g) (h) of the Act (p. 224) come into operation (see Section
11 (3) of that Act, p. 220).
(a) ENGLISH AND IRISH AGRICULTURAL POWERS AND ORDFRS. The
powers of the Board of A griculture for Scotland under the Defence of the Realm
Regulations are confined to that country. Parts V. and VII. of this Manual
comprise the corresponding legislation, &c., affecting England and Ireland
respectively.
(to) REGULATION 2N. This, which is ancillary to Regs. 2L and 2M, is repeated
under 1 and 2 thereto respectively relating.
Constitution and General Powers of the Board of Agriculture for
Scotland.
(3) Complete Official Editions of Defence of the Realm Regu-
lations, fyc. The plain text of the whole of the Defence of the
Realm Regulations reproduced under the authority of
Regulation 64 as one single Consolidated Code (which by
successive additions now comprises over 200 Regulations),
and revised to the last day of each month, is published
at the commencement of the ensuing month. In " the
Defence of the Realm Manual/' which will henceforth be
issued at half-yearly intervals (i.e., the editions will be revised
to May 31st and November 30th of each year), the Regulations
are accompanied by full editorial notes, by the full text of both
the enabling Acts and of the Departmental Orders made under the
Regulations with full notes, and by an analytical index to the
whole of the Defence of the Realm Legislation.
(4) Constitution and General Powers of Board of Agriculture
for Scotland. ITiis the most recently created of the three Agri-
cultural Departments was established as from April 1st, 1912, by
Section 4 of the Small Landholders (Scotland) Act, 1911 (1 & 2
Geo. 5, c. 49) and to it were transferred certain powers of the
Board of Agriculture and Fisheries theretofore exercisable by
them in Scotland and all the powers of the Congested Districts
(Scotland) Commissioners.
The Board, which consists of a Chairman and two other Com-
missioners, acts under instructions and regulations of the Secretary
for Scotland. The office of Secretary for Scotland is one of those
immediate succession from one to the other of which does not
vacate a seat in the House of Commons ; a list of all such Office*
is given in Appendix VII. to this Manual.
The provisions of the Defence of the Realm Regulations as to
the construction of Orders of the Board are comprised in Part 5.
of this Manual.
Reference to all the various enactments conferring powers on
the Board is afforded by the list of the Board's powers and duties
on p. 113 of the 1916 Edit, of the " Index, to the Statutes in
Force/' sub-voc. " Board of Agriculture for Scotland."
This Part of this Manual contains only the Board's powers as
the " maintenance of the food supply of the country " under
the Defence of the Realm Regulations powers derived from
Orders of the Food Controller being comprised in Part II.
The Board's other powers are dealt with in other Parts of this
Manual, and are capitulated under the heading " Board of
Agriculture for Scotland " in the Index.
ALEXANDER PULLING.
Regulation SL of the Defence of the Realm Regulations as
amended and applying to Scotland,
343
TABLE OF CONTENTS OF PART VI.
1. Increase of Cultivation of
Burqlial Areas and Powers
of Town Councils ; Action
by Parish Councils, p. 343.
2. Under" Cultivation of Land',
District Agricultural Execu-
tive Committees, p. 350.
3. Keeping of Pigs, p. 368.
4. Injury by Deer to Crops, fyc.,
p. 369.
5. Destruction of Birds, Hares,
Rabbits, Vermin and Pests,
p. 370.
6. Destruction of Stray Dogs,
p. 376.
7. Supply of Horses for Agri-
culture, p. 377.
8. Cesser of Agricultural Em-
ployment, p. 378.
1. Increase of Cultivation of Burghal Areas.
(1). Regulation 2L 0/ the Defence
of the Realm Regulations,
p. 343.
(2). Cultivation of Lands (Scot-
land) Order, 1917 (No. 2)
p. 344.
(3). Powers Delegated to Town
Councils. Summary of Me-
moranda, p. 346.
(4). Action by Parish Councils.
Summary of Memoranda,
p. 348.
(1) REGULATION 2L OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO SCOTLAND, AND REGULA-
TION 2N IN THAT CONNECTION.
2 L . (1) Where the Board of Agriculture for Scotland are Powers of
of opinion that, with a view to maintaining the food supply entiy on and
of the country, it is expedient that they should exercise the ^f knd'for
powers given to them under this regulation as respects any maintenance
land, the Board may enter on the land and cultivate the land, or of food
arrange for its cultivation by any person either under a contract supply-
of tenancy or otherwise.
(2) The Board may after entry on any land do or authorise
to be done all things which they consider necessary or desirable
for the purpose of the cultivation of the land or for adapting
the land to cultivation, including fencing, and may also during
their occupation of the land or on the termination thereof remove
any such fencing or work of adaptation.
(3) Any person who cultivates land under any such arrange-
ment shall, on the determination, by or on behalf of the Board,
of the arrangement, if the determination .takes effect before the
first day of January nineteen hundred and nineteen, receive from
the Board such compensation as may have been agreed under
the terms of the arrangement, or, in default of any such agree-
ment, as the Board may consider just and reasonable, and shall
not be entitled to any other compensation.
(4) On the determination of the occupation of any land by the
Board imder this regulation, compensation shall be paid by the
Board to any person injuriously affected by the exercise of the
powers under this regulation, the amount of that compensation to
bo determined', in default of agreement, by a single arbitrator
under and in accordance with the provisions of the Second
Schedule to tire Agricultural Holdings (Scotland) Act, 1908. 8 E <*w. 7.
c. 64.
344
Cultivation of Lands (Scotland) Order, 1917 (No. 2).
Prohibition
on unlawful
pied under
Keg. 2L.
any
the
(5) The Board may with respect to any land authorise
local authority to exercise on behalf of the Board any of
powers of the Board under this regulation.
(6) A local authority authorised to exercise on behalf of the
Board any of the powers of the Board under this regulation may
exercise such powers in respect of land of which the local
authority is owner or occupier and may retain the rents and
profits arising from such exercise of these powers, but shall not
be entited to receive from the Board any rent or compensation
for the use thereof or for the exercise by the local authority of
any powers under this regulation in respect of that land.
2 N . If any person without lawful authority enters or remains
on land of which a Government department or any body or person
authorised by a Government department is in possession under
the powers conferred by Kegulation 2L, and on which notice of
this provision is conspicuously displayed, or damages any crops
growing on any such land, he shall be guilty of a summary offence
against these regulations.
(2) THE CULTIVATION OF LANDS (SCOTLAND) ORDER, 1917 (No. 2),
DATED MARCH 2, 1917, MADE BY THE BOARD OF AGRICULTURE
FOR SCOTLAND.
1917. No.
206
. -f- t .
S. 39
Whereas under Regulation 2i, of the Defence of the Realm
(Consolidation) Regulations, 1914 (which was inserted in those
Regulations by Order in Council, dated the fifth day of
December, nineteen hundred and sixteen, and, as subsequently
amended, is set out at the foot of this Order(a), the Board of
Agriculture for Scotland (hereinafter referred to as " the
Board ") are empowered to exercise certain powers with a
view to maintain the food supply of the country and to authorise
any Local Authority to exercise those power on behalf of the
Board.
And whereas the Board are of opinion that for the purposes
aforesaid such Order should be made as is herein contained.
Now the Board of Agriculture for Scotland do hereby autho-
rise the council of every royalj parliamentary, and police burgh
J to exercise on behalf of the Board the powers conferred by lU'gu-
lation 2L as amended, as respects any land within the burgh, or
which in the opinion of the council can conveniently be culti-
vated by persons residing in the burgh, subject nevertheless to
the provisions of this Order:
1. A council shall not enter on any garden or pleasure ground
occupied or usually occupied together with a dwelling-house, and
(a) REGULATION 2L. This Reg. as so amended is printed under (1) at T>. 343
above, and is therefore not reprinted at the foot of this Order. The amendmrnt
of April 14th, 1917, which substituted " 1919 " for " 1918 " in Regulation 2i ( ?.), is
subsequent to the date of this Order, in which no amendment corresponding to
that made by the English Board in Art. 7 of the English Order (p. 262) has
(Oct. 21, 1917) been made by the Scottish Board.
Cultivation of Lands (Scotland) Order, 1917 (No. 2).
shall not enter on any occupied land except with the written
consent of the occupier or with the sanction of the Board.
2. A council shall as soon as possible after entry on any land
give notice of the entry to the owner of the land.
3. A council may in the case of occupied land agree to pay a
rent for the use thereof but not in excess of the rent payable by
the occupier for the land, or if held with other land, in excess
of a fair proportion of the total rent so payable, or where the
land is occupied by the owner, in excess of the annual value as
entered in the Valuation Roll.
4. A council may arrange with any society having 1 ' for its
object the cultivation of vacant land for the cultivation of any
land on which the council has entered, and delegate to such
society such of the powers of the council under this Order as may
be necessary for the purposes of the arrangement.
5. A council may purchase any seed, manures, or implements
required for the cultivation of the land and sell any article so
purchased to the cultivators, or allow their use of the implements
at a price or charge sufficient to cover the cost of purchase.
6. A council shall as far as practicable arrange that the pay-
ments made by the cultivators for the use of the land shall
cover the cost incurred by the council in. providing the land or
adapting it for cultivation, and shall not incur any expenses in
the exercise of the powers hereby conferred (except in respect of
compensation payable under paragraphs (3) and (4) of Regula-
tion .2i) which will involve the Board in a liability to repay the
council a total amount exceeding two pounds for each acre pro-
vided by the council.
7. An arrangement with a person or society for the cultivation
of the land shall be subject to determination by the council or
the Board at any time by notice to that person or society, and
shall not provide for payment of compensation to that person
or society in excess of the value at the time of quitting of the
crops growing on the land and the labour expended upon and
manure applied to the land since the taking of the last crop in
anticipation of a future crop, or provide for the payment of
any compensation if the determination 'takes effect on or after
the 1st January, 1918. (a)
8. The land shall not be used for the production of vegetable
crops, which continue productive for more than one year, or for
grazing.
9. A separate account shall be kept by a council of all its
receipts and expenditure under this Order or the Order hereby
revoked, which shall at any time be open to inspection by an
officer of the Board.
10. The Cultivation of Lands (Scotland) Order, 1917, (b) is
hereby revoked, but so that such revocation shall not affect the
(a) DATE OP DETERMINATION OF ARRANGEMENT. See Reg. 2L (3), (p. 343)
which as amended April 14th, 1917, substitutes " 1919 " for " 1918."
(b) CULTIVATION OF LANDS (SCOTLAND) ORDER, 1917. This Order which
was made under Reg. 2L in the form in which it svas introduced into the Code
by Order in Council of Dec. 5th, 1916, and before the powers of entry on land
were extended by Order in Council of Feb. 16th, 1917, as to occupied land is
printed at pp. 255-257 of the February, 1917, Edition of the Defence of the-
Realm Manual.
P oivers conferred by Regulation 2L and Cultivation of Lands
(Scotland) Order, 1917 (No. 2).
previous operation of such Order or anything done under it, or
affect any right or liability acquired or incurred under such
Order, and any reference in any document to the Order hereby
revoked shall be construed as a reference to this Order.
11. This Order applies only to Scotland.
12. For the purposes of this Order land in respect of which
no person was entered as tenant or occupier in the Valuation
Roll for the year ending 15th May, 1917, shall be deemed to be
unoccupied land.
13. This Order may be cited as the Cultivation of Lands (Scot-
land) Order, 1917 (No. 2).
In witness whereof the Board have hereunto set their Official
Seal this second day of March nineteen hundred and
seventeen.
(L.S). Robert P. Wright,
Chairman.
H. M. Conacher,
Secretary.
(3) POWERS DELEGATED TO TOWN COUNCILS. SUMMARY OF
MEMORANDA BY THE BOARD or AGRICULTURE FOR SCOTLAND AS
TO THE POWERS CONFERRED BY REGULATION 2L AND THE
CULTIVATION OF LANDS (SCOTLAND) ORDER, 1917 (No. 2).
[The cross headings and notes do not appear in the Memoranda as
issued, but have been added by the Editor.]
/. Amendment of Regulation 2L and issue of Order (No. 2).
Representations made to the Board by certain Town Councils
that the powers conferred by the Cultivation of Lands (Scotland)
Order, 1917, were insufficient to enable them to meet the demand
for small allotments, owing to the fact that the unoccupied land
(which alone could under that Order be taken without consent)
was not sufficient for tha't purpose, and that difficulties had arisen
in arriving at agreements with owners and occupiers for the
taking of occupied land.
In view of these representations, Regulation 2L(a) was by
Order in Council of February 16th, 1917 (St. R. & 0., 1917,
No. 156) amended so as to empower the Board to enter 011 any
land, whether occupied or unoccupied, without the necessity of
obtaining the consent of the owner or occupier, and on March 2nd,
1917, a new Order (printed as (2), p. 344) was issued revoking
the Cultivation of Lands (Scotland) Order, 1917. (b) This Order
(a) REGULATION 2L AS FIRST ISSUED. Regulation 2i, as first added to the
Code by Order in Council of December 5, 1916 (St. R. & O., 1916, No. 840),
conferred compulsory powers of entry and cultivation as regards only such land
as was either unoccupied or common land and otherwise differed from the
Regulation as now in force.
(b) CULTIVATION OP LANDS (SCOTLAND) ORDER, 1917. This the first
Scottish Order under Reg. 2L, and which is now revoked, is printed pp. 255-
257 of the Feb., 1917, Edition of the " Defence of the Realm Manual."
Powers conferred by Regulation 2L and Cultivation of Lands 347
(Scotland) Order, 1917 (No. 2).
delegates to Town Councils the powers conferred on the Board by
Regulation SL as so amended, subject to the restriction that the
Town Council may not enter on occupied land without the written
consent of the occupier or the sanction of the Board.
//. Object of Amended Regulation and New Order.
The extended powers conferred by the new Order should be
exercised by Town Councils with the greatest possible care and
discretion. The object of the Regulation and Order is to provide
land for the purpose of increasing the crops available for con-
sumption by the public, and its powers should not be used to
interfere with land which is already being fully cultivated, or
with pasture land of good quality the breaking up of which would
involve considerable expenditure on restoration on the termina-
tion of the occupation.
///. Land Required for Building.
In the event of any land taken under the Order being required
for building purposes, the Board or the Council may give up
possession, and the cultivator will be entitled to compensation
under sub-section (3) of Regulation 2L (p. 343).
IV. Fencing. [Keg. 2^ (2), p. 343.]
In view of the cost of fencing and the uncertainty as to the
duration of the Order, which has effect only during the War, it
is recommended that fencing be dispensed with as far as possible,
and that, where it is imperative that lands should be enclosed,
the fencing should be of a temporary and inexpensive kind, or,
if more permanent fencing is provided, of such a character that
it can be used by the local authority at the end of the tenancy.
Reference, however, is made to the provisions of the Defence of
the Realm (Acquisition of Land) Act, 19 16, (a) which contemplates
the possibility of land taken compulsorily for any public purpose
during the War remaining in the possession of the authority
taking it for a period of two years after the end of the War.
V. Dairy Lands.
The Board desire also that, in view of the urgent impor-
tance of maintaining the milk supply, no land should be
taken under the Order which is being used for the grazing of
cows, or which is otherwise essential for dairy purposes.
VI. Claims for Compensation as to Land entered by Council.
[Reg. 2^ (4), p. 343.]
Sub-section (4) of Regulation 2L provides that claims for
compensation in respect of land upon which the Council has
entered under the Order may be determined, in default of
(a) DEFENCE OP THE REALM (ACQUISITION OF LAND) ACT, 1916 (6 & 7
G-eo. 5, c. 63). That Act is printed with editorial; notes, pp. 10-27 of the
" Defence of the Realm Manual" (Mav, 1917, Edit.).
Action by Parish Councils in Scotland under Regulation L and
Cultivation of Lands (Scotland} Order, 1917 (No. 2).
agreement, by a single arbiter under, and in accordance with,
the provisions in the second schedule of the Agricultural Holdings
(Scotland) Act, 1908. The Council should, however, endeavour
to arrange the amount of rent to be paid for any occupied land
taken under the Order. It is not necessary that the question of
rent or compensation for the use of the land should be settled
before entry on the land by the Council, but before entering on
any occupied land the Council should satisfy themselves that
there is a reasonable probability that the payments which will be
made by the cultivators will be sufficient to recoup the rent or
estimated compensation payable for the use of the land by the
Council.
VII. Land Owned or Occupied by Town Councils.
[Keg. 2L (6), p.
Sub-section (6) of Regulation 2L authorises Town Councils to
make land owned or occupied by them available for cultivation.
The Board do not think that public recreation grounds iu
populated areas which are turfed and are used to any substantial
extent for recreation can with advantage be broken up, but
there is much public land which does not fall within this
category, and the Regulation accordingly provides that the
Council may arrange for the cultivation of such land, either
Binder a contract of tenancy or otherwise, and may retain any
rents or profits arising from the use of such land, provided thaf
no claim is made on the Board for any financial assistance by waj
*>f rent, compensation, or other payment.
<4) ACTION BY PARISH COUNCILS. SUMMARY OF MEMORANDA BI
THE BOARD OF AGRICULTURE FOR SCOTLAND.
^i) The Board have arranged with Town Councils to use the
provisions of the Cultivation of Lands (Scotland) Order mainly
for the purpose of making land available for the growing of
potatoes and other vegetables upon small plots by members of
Ihe working classes for consumption by their families.
It is realised, however, that in many industrial districts in
Scotland the conditions do not materially differ from those which
exist in burghs, and the Board propose, therefore, with the con-
currence of the Local Government Board for Scotland with whom
fchey have been in consultation on the subject, to request the
Parish Councils having jurisdiction in such districts to co-operate
with them in carrying out the provisions of Regulation L,
without actually delegating the powers conferred on the Board
therein.
(ii) While the Board are of opinion that District Agricultural
Executive Committees(a) should be the chief responsible agenciei
(a) DISTRICT AGRICULTURAL EXECUTIVE COMMITTEES. As to the con-
stitution and powers of these Committees, see Summary of Memoranda by th
Board printed under 2 ("District Agricultural Executive Committees"), p. 353.
Action by Parish Councils in Scotland under Regulation 2L and 349
Cultivation of Lands (Scotland} Order, 1917 (No. 2).
for organising food production in their areas, they think it might
be advisable that for this work, dealing generally with com-
paratively small pieces of land and requiring special knowledge
of the local circumstances, such Committees should approach
the Parish Councils in their district with a view to obtaining
their assistance.
(iii) The Board have particularly in view the case of mining
villages in the neighbourhood of which it is usual to find a con-
siderable area of waste land.
Land which is not being put to the beneficial use of any
occupier and is accordingly entered in the current Valuation Roll
as " vacant " or "imlet " could probably readily be made avail-
able to meet any existing demand for potato and vegetable plots
among the mining population.
(iv) The Board will be obliged, therefore, if Parish Councils
will take steps to ascertain whether there is any suitable land
within their areas and at the same time make enquiry by adver-
tisement or otherwise regarding the demand for such plots, with
a view to the early formation of one or more schemes under the
Regulation. Having ascertained that there is a sufficient demand
and that land can be obtained by agreement, a Parish Council
should enter into negotiations with proprietors and do everything
necessary to effect an amicable settlement in order that cultiva-
tion may be commenced without undue delay. In cases where
a Parish Council finds that there is a demand for land in small
plots for cultivation and a difficulty in securing available land,
they should report the action taken by them to the Board.
(v) Article 6 of the Cultivation of Lands (Scotland) Order,
1917 (No. 2) (p. 345), provides for financial assistance for the pur-
pose of adaptation and equipment up to a maximum of 2 an acre
in cases where the rent obtainable is not sufficient to cover the
initial outlay. The Board hope that the expenditure on schemes
will as a rule be kept within this limit, but in the event of an
unavoidable excess requiring to be met, the Board understand
that the Local Government Board are prepared to consider the
possibility of utilising the Special Parish Rate for the purpose.
The attention of Parish Councils is further drawn to the pro-
visions of sub-sections (3) and (4) of Regulation 2r, (p. 343), which
empower the Board to pay compensation to the tenant at outgoing"
and to other persons who may be injuriously affected through the
operation of a scheme of allotments.
(vi) The Board will be erlad to be furnished with the observa-
tions of the Parish Council on this matter at an early date, and if
the Council can see their way to proceed immediately with any
scheme or schemes, the Board will be prepared to are o ^ opinion that, with a view to maintaining the
fd supply of the country, it is expedient that they should
exercise the powers given to them under this regulation, the
Board may
(a) enter on and take possession of any land which in their
opinion is not being so cultivated as to increase, as
far as practicable, the food supply of the country,
and, after entry thereon, do all things necessary or
desirable for the cultivation of the land or for adapt-
ing it for cultivation : and for such purposes enter on
and take possession of any buildings on the land or
convenient for such purposes; and
(6) take possession of any machinery, implements of hus-
bandry or plant (other than machinery, implements
or plant in the possession or under the control of a
dealer or manufacturer), or any farm produce, stock
or animals, which, in the opinion of the Board, are
required for the cultivation of land or the increase
of the food supply of the .country ; and
(c) provide housing accommodation for persons employed for
any such purposes by taking possession of any land or
unoccupied premises ; and
(d) utilise any water supply or motive power for any such
purposes; and
(e) by notice served on the occupier of any land require
him to cultivate the land in accordance with such
requirements as the Board may think necessary or
desirable for maintaining the food supply of the
country and may prescribe in the notice; and
(/) by notice served on the tenant of any land which or part
of which, in the opinion of the Board, is not being
so cultivated as to increase as far as practicable the
food supply of the country, determine his tenancy
(a) FOOD CONTROLLER. As to the constitution and powers of the Ministry
of Food, see Part I. of this Manual.
Regulation 2M of the Defence of the Realm Regulations as 351
amended and applying to Scotland,
of the land on such date as may be specified in the
notice, or on the application of the landlord by order
authorise him in any such case to determine the
tenancy in accordance with the terms of the order(a) ;
and
(g) after entry on any land arrange for its cultivation by
any other person whether by contract of tenancy or
otherwise; and
[Paragraphs (h) (i) and (j), which have no application to
Scotland, are omitted from this reprint.}
(2) An occupier of land may, with a view to maintaining
the food supply of the country, vsubmit to the Board a scheme
for the cultivation of the land in a manner not consistent with
the contract of tenancy of the land, and the Board, if satisfied
that the adoption of the scheme is necessary or desirable for
the maintenance of the food supply, may direct that the land
shall be cultivated in accordance with the scheme, subject to
any modification which the Board may think fit to make therein.
(3) An occupier of land on whom a notice is served or to
.w h mr n / 1 i v r* oiti^gi^
To face page 350.
See now (Jan. 31, 1918) as to Regulation 2n as amended 1
this date, ADDENDA, p. 629.
egulation,
they may recover from the person then entitled to resume occupa-
tion of the land such amount as represents the value to him of all
acts of cultivation or adaptation for cultivation executed by the
Board; such amount to be determined, in default of agreement,
by a single arbiter under and in accordance with the provisions
of the Second Schedule to the Agricultural Holdings (Scotland) 8 Edw. 7,
Act, 1908. c - 64 '
(5) Any person authorised by the Board in that behalf may,
for the purposes of this regulation and upon production if so
required of his authority, enter on and inspect any land or
building and inspect any machinery, implements of husbandry,
farm stock or produce thereon.
(6) The Board may with respect to any land or land in any
district authorise any person or any body constituted by the
Board for the purpose to exercise on behalf of the Board any of
the powers of the Board under this regulation and prescribe the
procedure of any such body, and the authentication of any notice
or other instrument issued by any body or person so authorised. (b)
(a) DETERMINATION OF TEVANCY. The Boards' powers under par. (/) are
excepted from those delegated to War Agricultural Executive Committees. See
Art. 3 of the Cultivation of Lands Order, 1917 (No. 3), p. 275.
(b) ORDERS UNDER REG. 2M, AND DISTRICT AGRICULTURAL EXECUTIVE
COMMITTEES. See (2) Summary of Circulars of Board of Agriculture for Scot-
land as to District Agricultural Executive Committees, p. 353.
352
Regulations 2n and 2N of the Defence of the Realm Regulations
as amended and applying to Scotland.
Prohibition
on unlawful
entry, &c., on
land occu-
pied under
Reg. 2M.
(7) The' powers conferred on the Board by this regulation
shall be in addition to and not in derogation of any other powers
of the Board.
(8) In this regulation the expression "cultivation" includes
use for grazing and the expression "cultivate" has a corre-
sponding meaning.
[Subsection (9) is in part directed to the making of certain
substitutions in the application of Regulation 2L to Scotland all
of which have been carried out in this reprint, and in remainder
to matters not applying to .Scotland and is therefore omitted
herefrom.]
(10) With a view to increasing food production by the con-
servation or improvement of grazing land, the occupier of any
land in Scotland shall be entitled, after due notice in writing to
the owner of such land and to the owner of any woodlands
adjoining such land, or to their .respective agents or factors, and
with due care to prevent damage to any woodlands on or adjoin-
ing such land, to " make rnuirburn " or set fire to any heath or
muir within the boundaries of such land, at any time or times
between 1st October and 30th April when the same would other-
wise be unlawful (a) or be in contravention of the lease or other
contract affecting the land : Provided that nothing herein con^
tained shall affect any duty to comply with any regulation, order
or instruction in regard to the use, display or ignition of lights or
fires, in force for the time being, (b)
(11) Any notice under this regulation may be served on the
person to whom it is to be given , either personally or by leaving
it for him at his last known place of abode, or by sending* it
through the post in a registered letter addressed to him there.(c)
2 N . If any person without lawful authority enters or remains
on land of which a Government department or any body or
person authorised by a Government department is in possession
under the powers conferred by Regulation 2n, and 011 which
notice of this provision is conspicuously displayed, or damages
any crops growing on any such land, he shall be guilty of a
summary offence against these regulations.
(a) MAKING MDIRBDKN. The effect of sub-section (10) of the Regulation
is to shorten the period (which included all October and the later part of April)
during which the making muirburn is an offence. Ss. 4-7 of the Game (Scotland)
Act, 1772 (13 Geo. 5. c. 54).
(b) DISPLAY OR IGNITION OP LIGHTS OR FIRES. The restrictions referred
to are comprised in Reg. 11 of the Defence of the Realm Regulations (p. 77 of
the May, 1917, Edit, of the Defence of the Realm Manual) the Lights (Scotland)
Order of the 25th August, 1916 (ibi. p. 492) made by the Secretary for Scotland
under that Regulation, Reg. 12 (ibi. p. 78) and local orders of the competent
Naval or Military Authority under Reg. 12, and Regulation 2C as to fires and
fireworks (ibi. p. 99), the last named regulation in the form to which it was
amended by Order in Council of Oct. 23rd, 1917 (subsequent to the date of thig
Manual) is printed at p. 4 '2 of the October Edit, of the Consolidated Regulations.
(c) SERVICE BY POST. See provisions of s. 26 of Interpretation Act, 1889,
(52 & 53 Yict. c. 63) as to time when service by post is deemed effected.
District Agricultural Executive Committees in Scotland.
353
(2) DISTRICT AGRICULTURAL EXECUTIVE COMMITTEES, THEIR
CONSTITUTION, STAFF, POWERS AND EXPENSES, AND THE
POWERS OF THE BOARD AND OF SUCH COMMITTEES, SUMMARY
OF CIRCULARS AND MEMORANDA ISSUED BY THE BOARD OF
AGRICULTURE FOR SCOTLAND.
[No Order corresponding to the English Cultivation of Lands Order,
1917 (No. 3) (printed p. 273), has (Oct. 21st, 1917) been made by the
Board of Agriculture for Scotland. But District Agricultural Executive
Committees have been formed for the local government districts in most
of the counties of Scotland, and the Board of Agriculture for Scotland
exercise their powers under Reg. SM, printed as (1) (p. 350) through
these Committees, whose constitu^n, staff and powers are specified in
the following summary, only certain of the more remote districts being
worked directly by the Board.]
This Summary is arranged as follows :
I.
District Agricultural
V.
Organization of Local
Committees, p. 353.
Committees, p. 3 6 1 .
II.
First Formation of Dis-
VI.
Horses and Agricultural
trict Agricultural Ex-
Machinery, p. 362.
ecutive Committees,
VII.
Increased Cultivation in
. p. 353.
1918, p. 362.
III.
Constitution* Staff and
VIII.
Deer Forest Grazing s,
Expenses of District
p. 365.
Agricultural Executive
IX.
Compulsory Orders, p. 365.
Committees , p. 356.
X.
Ploughing of Larger Area
IV.
Powers under Regulation
than Lease authorised,
2M, p. 358.
p. 367.
I. DISTRICT AGRICULTURAL COMMITTEES.
On June 23rd, 1915, the Secretary for Scotland appointed a
Departmental Committee to inquire into the question of main-
taining, and if possible increasing, the production of food in
Scotland. The 1st Report of that Committee(a) comprised
recommendations in pursuance of which the Board of Agriculture
for Scotland (hereunder referred to as " the Board ") arranged for
the setting up throughout the country of District Agricultural
Committees to consider Schemes for stimulating the production
of food in their several areas.
II. FIRST FORMATION OF DISTRICT AGRICULTURAL EXECUTIVE
COMMITTEES.
[The following is a Summary of a Circular Letter addressed January
6th, 1917, by the Board to District Agricultural Committees, t
1. Formation of Executive Committees. One of the recom-
mendations of the Departmental Committee referred to under
I. was that the constitution of District Agricultural Executive
(a) REPORTS OP SCOTTISH FOOD PRODUCTION COMMITTEE. The 3 Reports
(Aug., 1915, Dec. 29, 1916, and April 12, 19 17), are printed for sale as Stationery
Office Publications.
3107
M
354 First Formation of District Agricultural Executive Committee f
in Scotland.
Committees would be of material assistance to the Government in
their efforts to increase the food supply of the Nation.
The Board request each District Agricultural Committee to
proceed to elect an Executive Committee as described, to whom
would be assigned the active supervision within the district, o
the steps taken under the Board's guidance for the purpose of
increasing the production of food in Scotland.
The Executive Committee should consist of not less than five
nor more than ten members. They should be men of practical
* agricultural experience, who could give fairly constant attention
to the work so as to keep it going in the intervals between meet-
ings. In order to secure qualified men of sufficient leisure who
would act as members of the executive committee it is suggested
that the principal committee, in making their selection, should
not necessarily limit themselves to their own number. Each
Committee should appoint an executive officer or organiser, who
would be expected as a war service to devote himself almost
exclusively to the business of the Committee. Expenses should
be kept at a minimum ; but any representation as to absolutely
necessary expenditure will receive the Board's immediate con-
sideration.
2. First Duty of Executive Committee. The first duty of
the Executive Committee would be to discover what additional
areas if any within their district could advantageously and
with due regard to practical considerations be brought
under cultivation in the ensuing season, with or without
an increased supply of labour. To enable them to do this, the
census returns recently obtained will be made available. (a) It is
suggested that an advertisement should be inserted in a news-
paper circulating in the district, requesting farmers who are
willing to extend their area under the plough this season to
intimate to the Committee the extent of the additional land they
would cultivate, and the crops they propose to grow.
3. Area of Executive Co7nmittee. The Departmental Com-
mittee recommended that an Executive Committee should be
set up in each Local Government District ofj the county.
In certain counties this may be unnecessary, and the
District Agricultural Committee will be free to arrange
for an Executive Committee for each Local Government District
or combination of districts as they think advisable. Apart from
the work to be assigned to the Committee in the direction of
assistance in extending and increasing the production of crops,
there are other matters of great importance dealt with in the
Heport above referred to. The provision of allotments con-
venient to rural villages, the extended cultivation of vegetables,
and the encouragement of pig and poultry keeping are among
the matters to which the Executive Committee are requested to
give their early attention.
(a) CENSUS RETURNS. The Army Council Order providing for an Agricul-
tural Census in 1916 for Scotland is printed pp. 357-359 of the February, 1917,
Edition of the " Defence of the Realm Manual."
Procedure of District Agricultural Executive Committees in 355
Scotland.
4. Women's Work. The Board attach, importance to the
work which women are able to do and in many cases
very willing to do in connection with agriculture. In
some counties there is ^already a certain organisation for
securing a supply of female labour, and committees are
urged to encourage in every way possible the recruiting and
employment of women on the farms. In this connection the
inclusion of one or more women on the Executive Committee
might be considered,
5. Outline of Procedure of Executive Committees. While it
is desirable that Executive Committees should use their own
discretion in adopting the methods which they think best adapted
to local conditions, they may find it useful to consider the
following suggestions as to the lines on which they should at
first proceed :
(1) As it is possible that in some cases the members of the
Committee may not themselves have ready means of obtaining
preliminary information regarding certain parts of their area, it
may be found advisable to ask reliable persons in such parish or
parishes to act as correspondents. These correspondents should
report, privately, to the Committee cases which they think the
(Committee could with advantage consider or investigate. They
should not, however, be associated with the executive work of
the Committee, but should act only as sources of information.
(2) Answers to the Committee's advertisements should be dealt
with first, the Committee satisfying themselves that the proposals
submitted are practicable and that the labour asked for is neces-
sary. In all questions relative to increased labour supply the
Committee should ascertain that the whole staff presently on the
farm, including the farmer, is fully and profitably employed.
(3) The Agricultural Census schedules(a) should be examined
as soon as possible, either by the Committee or by their executive
officer, who would report to tie Committee the results of his
scrutiny. Where a large number of schedules has to be dealt
with, the most convenient method may be that each member of
the Committee should go through those for his own district of the
area, and select those which he thinks should be submitted to
ihe Committee as a whole. It is to be noted that the schedules
are to be regarded as confidential, and their contents should not
l>e divulged to any person not a member of the Committee.
(4) When the Committee have considered the cases submitted
to them by their members, their exe6utive officer, or their corre-
spondents, a number of them, not less than two, should visit the
farms or the land where it appears action should be taken, ana,
if advisable, should make proposals to the occupier for increased
cultivation provided the necessary labour is made available.
(5) Should the occupier agree to the proposals, or where
voluntary offers have been approved by the Committee, a simple
form of agreement stating the particulars of what is to be done
and the extra labour, if any, to be supplied, should be signed by
the occupier.
(a) CENSUS SCHEDULES. See footnote (a) to p. 354 of this Summary.
31 7 M 2
356 Constitution and Staff of District Agricultural Executive
Committees in Scotland.
(6) The Committee should subsequently take steps to ascertain
if the agreement is being implemented by the occupier, and if it
is not, any additional labour supplied through the Committee
should be immediately withdrawn. This condition should be
stated to the occupier before the agreement is signed.
(7) As soon as possible the Board should be informed of the
numbers and classes of the additional workers required in the
area .
(8) Where the District Agricultural Committee have obtained
a motor plough through the Board, the Executive Committee
should keep the Motor Plough Sub-Committee informed regard-
ing land which they think should be ploughed.
(9) Where an Executive Committee finds that farmers can
undertake additional cultivation, or can maintain their normal
cultivation, by the aid of double-furrow horse ploughs, and find
that there is difficulty in obtaining such ploughs, they should
immediately communicate with the Board.
(10) The Committee should keep in view the necessity for the
increased use of manure on arable land and should issue an
advertisement asking all farmers to report any difficulty in
obtaining what they require. They should also take steps to
deal with cases in which they consider farmers should use more
manure.
(11) The Committee should consider whether it is advisable to
apply basic slag to permanent grass which it may be inexpedient
to break up. As it is important that slag should be applied as
soon as possible, this is a matter which appears to require urgent
consideration.
(12) Where farmers do not agree to the Committee's proposals
for the cultivation or manuring -of their land, the Committee
should inform the Board, who, will then consider whether
compulsory powers should be put in force.
(13) Where the Committee propose an alteration of the system
of cropping, which would constitute a breach of any existing
contract between the landlord and tenant, every effort should be
made to obtain the consent of the parties concerned. In cases
where agreement cannot be reached, the Committee should submit
full particulars to the Board.
III. CONSTITUTION, STAFF AND EXPENSES OF DISTRICT AGRICUL-
TURAL EXECUTIVE COMMITTEES, SCOTLAND.
[The following 1 is a summary of the first portion of the Board's
Circular Letter of February 14th, 1917, to Executive Committees].
1. Addition of Reg. 2M to the Code. Regulation 2M, which
was added to the Code of Defence of the Realm Regulations
by Order in Council, dated January 10th, 1917 (Statutory Rules
and Orders, 1917, No. 5) conferred certain powers upon the
Board of Agriculture for Scotland with the object of maintaining
the food supply of the country. In regard to these powers,
Constitution and Staff of District Agricultural Executive
Committees in Scotland,
which are discussed in some detail under IV. below, the Board
after consideration propose to exercise them in consultation with
and largely through the agency of the District Agricultural
Executive Committees which have recently been formed through-
out Scotland, and the co-operation of those Committees is there-
fore invited on this footing.
The Board desire to impress upon the Executive Committees
that in carrying out their important duties as the advisers and
representatives of the Board they should keep in mind that they
have been called into being solely for the purpose of securing
the largest possible production of food at the minimum expendi-
ture of labour and materials. The utmost development of the
land now under cultivation is the most profitable method of
attaining this object.
By assisting and encouraging farmers to shorten the rotation,
to obtain the best and most suitable seeds, and to use artificial
manures liberally and judiciously production can be greatly
increased under the most economical conditions.
2. Constitution of Executive Committees. The Board have
duly considered the constitution of these Committees, and
approve the same and the appointments of Secretaries. In this
connection the Board desire to mention that they may appoint
one of their officers to act in an advisory and consultative capacity
with each Executive Committee, and they are confident that such
co-operation and assistance will be welcomed.
o. Xtaff of Executive Committees.- Apart from the appoint-
ment of a Secretary, the question arises as to the provision of
extra assistance.
In the first place, the Executive Committee should, if they
have not done so, select and appoint a suitable Executive Officer,
who may or may not be the Secretary. He should have a
competent knowledge of agriculture and some administrative
experience. In most cases it should be possible to obtain for
this post the services of a member of the staff of one of the
Agricultural Colleges. In other cases the Board will be prepared
to consider proposals for the appointment of a paid Executive
Officer who is not a member of that staff. His name and
particulars of his qualifications, together with the salary
proposed, must be submitted to the Board for their approval
before any definite appointment is made or any expenditure
incurred.
In districts where the pressure of work is such that it cannot
be overtaken expeditiously by the Secretary and Executive
Officer, the Board recommend that the services of voluntary
workers should be enlisted, and that only in exceptional cases
should the appointment of additional salaried officers be proposed.
4. Expenses. Committees are authorised to incur necessary
and reasonable expenditure on travelling, printing, stationery,
and postages. With regard to travelling expenses, it has been
represented to the Board that the increase in the cost of railway
travelling will throw a heavy burden of expense on the members
3167 M 3
166 Powers of Regulation 2n as to Overriding Restrictive Clauses of
Leases in Scotland.
of the Executive Committees, and the Board are prepared there-
fore to authorise Committees to pay any of their members who
apply for it their necessary out-of pocket travelling expenses i-n
attending meetings of the Committee, or when engaged on the
work of the Committee. Payments for travelling expenses
should be on the basis of third-class railway fares, or, if in the
absence of railway facilities, a member or officer of the Committee
uses a private motor car, at the rate of 7^d. a mile.
It is not anticipated that * the work of the Committee will
involve them in direct payments other than those referred to
above. Any new or unusual charges which the Committee may
consider *it necessary to incur should be reported to the Board
for sanction before any commitment is entered into by the
Committee. In order to avoid unnecessary delay in matters which
do not involve substantial expenditure, the Board are prepared
to consider at once applications for imprests (i.e., advances tc
be accounted for as spent) for specified sums, if particulars are
given of the general purpose for which funds are required. It
must be understood that expenditure can only be authorised
in connection with work which the Committees undertake with
the authorit of the Board .
IV. POWERS UNDER REGULATION 2M.
[The following is a summary of the later portion of the Board's
Circular Letter of February 14th, 1917, to Executive Committees.]
[Reg. SM (2), p. 351.]
1. Power to Override Restrictive Clauses of Leases. The
Board's intention is that Executive Committees should make it
known in their respective districts that applications submitting
schemes under subsection (2) of the Regulation are competent, and
that they should be made not to the Board direct, but in the
first instance to the Committee, who should take steps to find
out whether the applicant has sought the permission of his
landlord and has failed to obtain it. If the Committee are
satisfied after enquiry that the scheme proposed by the applicant
is such that it will lead to an increased production of food,
they should endeavour, by negotiation, to obtain the consent of
the landlord to its adoption. In the event of failure in negotia-
tions, the Committee should at once report the matter to the
Board with a view to the exercise by them (if so advised) of such
further powers as they have in reserve. If the Board decide to
grant the application, they will issue a direction that the land
jn question shall be cultivated in such specified manner as they
think desirable in the national interest, and such direction, being
obligatory, will relieve the occupier from any penalty for breach
of contract due to compliance with the Board's direction. (a)
(a) RELIEF FROM LIABILITY FOR BREACH OF CONTRACT. See Part XI of
this Manual which comprises the enactments providing for such relief.
Powers of Regulation 2-M -\js to issuing Directions as to Cultivation
in Scotland.
Any question of payments by the State to the landlord for loss
thus occasioned will be referred in default of agreement to the
Defence of the Realm (Losses) Commission. (a)
[Reg. 2M (1) (e), p. 350.]
2. Power to Issue Directions as to Cultivation. The Board
are empowered under the Regulation to require any occupier of
land by notice served upon him to cultivate the land in accord-
ance with such requirements as the Board may think necessary
for increasing the food supply. The Board accordingly invite
Executive Committees if, as a result of their inspections and
surveys, they are satisfied in regard to any agricultural holding
that there is a case for improved cultivation, and if their
own representations have proved ineffectual, to make recom-
mendations in such cases to the Board with a view to the exercise
of their powers under this part of the Regulation. This power
may be useful in cases where, in the opinion of the Committee,
the occupier is using his land for the production of crops which,
from a national point of view, are unprofitable at the present
time, or is cultivating his land inadequately. Where the Board
put it in operation, failure to cultivate the land in accordance
with the Board's direction constitutes a summary offence against
the Defence of the Realm Regulations.
(a) DEFENCE OF THE REALM (LOSSES) COMMISSION. The terms of reference
of this Royal Commission (which was appointed March 31st, 1915, and is printed
at length at pp. 367, 368 of Supplement No. 3 to the Manual of Emergency
Legislation) are as follows :
" To inquire and determine, and to report what sums (in cases not other-
wise provided for) ought in reason and fairness to be paid out of
public funds to applicants, who (not being subjects of an enemy
State) are resident or carrying on business in the United Kingdom,
in respect of direct and substantial loss incurred and damage sus-
tained by them by reason of interference with their property or
business in the United Kingdom through the exercise by the Crown
of its rights and duties in the defence of the Realm."
The Commissioners thereby appointed are empowered :
(i.) to call before them such persons as they shall judge likely to afford
them any information upon the subject of the Commission : and also
to call for, have access to and examine all such books, documents, regis-
ters and records as may afford them the fullest information on the
subject, and to inquire of and concerning the premises by all other
lawful ways and means whatsoever.
(ii.) to visit and personally inspect such places as they may deem it expe-
dient so to inspect for the more effectual carrying out of the purposes
aforesaid. ;.,
The Commission further provides that if the Commissioners deem it expedient,
the powers and privileges conferred on them shall belong to, and may be exer-
cised by, any one or more of them, and that they shall from time to time report
to the Treasury.
The (Oct. 21st, 1017) present members of the Commission are :
Sir J. T. Woodhouse (chairman) ;
Sir M. G. Wallace ;
Mr. E. Shortt, K.C., M.P. ; and
The Rt. Hon. Mr. Laurence Hardy, M.P.
Mr. D. du Bois Davidson is Secretary to the Commission, whose address is
Spencer House, 27, St. James' Place, S.W.I.
3167 M 4
Powers of Regulation 2M as to Entry on and Taking Possession of
Land, and as to Manuring in Scotland.
[Reg. 2 M (1) (a) (g), (8), pp. 350, 351, 352.]
3. Power to Enter Upon and Take Possession of Land, etc.
The Board are empowered under the Regulation to enter upon
and take possession of any land which, in their opinion, is not
being so cultivated or grazed as to increase, as far as practicable,
the food supply of the country, and after entry thereon to do
all things necessary or desirable for the cultivation of the land
or for adapting it for cultivation. The Board will normally
exercise these powers only upon a recommendation by an Execu-
tive Committee. As this is a power that will only be exercised
in special cases, tLe Executive Committee should not submit a
recommendation to the Board until they have offered every
assistance and encouragement to the occupier or owner, and taken
all possible steps to come to an agreement with him.
Before making proposals to the Board they should satisfy them-
selves that the scheme will result in an early and considerable
increase in the food supplies, that there is a reasonable prospect
of repaying the outlays incurred by the Board, and that labour
is available.
The Executive Committee should make a careful estimate of
the capital required, and forward a full report of the details of
their scheme.
The management of such land will be undertaken strictly on
behalf of the Board, but it may be possible to employ the occupier
or a neighbouring farmer as manager. In all cases where the
Board has entered into possession the occupier or manager will be
responsible to the Board for receipts and expenditure under
such equitable arrangement with the cultivator as may be
approved by the Board.
[Reg. 2M(l)(e), p. 351.]
4. Manuring. As stated under paragraph 2 above, the Board
are empowered by notice served on the occupier of any land to
require such occupier to cultivate the land in accordance with
such requirements as they may think necessary. One of the most
useful forms of action in this direction would be to arrange for
the application of fertilisers, such as sulphate of ammonia or
basic slag, in cases in which an Executive Committee are satisfied
that this will be advantageous, but in which the occupier from
want of means or for some other reason is unable or unwilling
to take such action on his own account. If the Committee are
of opinion that such an application would be advantageous,
they may arrange for the supply of the fertilisers to the occupier,
and may employ him oil the Board's behalf for the purpose of
applying it in accordance with an approved scheme. In such
case the occupier may be allowed to defer payment for a reason-
able period on signing an undertaking that he will pay the cost
of the fertiliser at the expiry of the said period. Where an
occupier is unwilling to co-operate with a view to carrying such
a scheme into execution, the. Committee should report the case
to the Board.
Organisation of Local Committees in Scotland. 361
5. Generally. The Board request that Committees may keep
them fully informed as to any action which they take. For
this purpose the Board desire to be furnished with a weekly report
narrating 1 the different steps taken by the Committees by way
of negotiation with a view to giving effect to the Regulation.
The Board are clearly of opinion that the energies of the Com-
mittees will be more valuably employed in stimulating production
on land at present forming part of agricultural holdings, than
on schemes of a character which may entail more friction in
carrying through than their scope and effect would justify.
Y. ORGANISATION OF LOCAL COMMITTEES.
[The following 1 formed part of the Board's Circular Letter of May 9th,
1 9 1 7, to District Agricultural Committees.]
1. The development of the German submarine campaign, com-
bined with a general diminution of production in countries from
which normal supplies of cereals are obtained, make it necessary
to bring into crop in 1918 an area five or six times greater than
it has been possible to break up during the short and unfavourable
season just ended.
2. Each county must bring every available acre of grass land
into cultivation. In order to do so, it is necessary to get into
touch with every farm, and for this purpose the Board consider
that it is essential to remodel the system now in operation and
provide for more extended and minute organisation.
3. The Board are satisfied that the District Agricultural Com-
mittee is the most efficient unit for co-ordinating the work of a
large area such as a county, but they consider that an Executive
Committee ,with an Executive Officer should be formed for each
Local Government or other suitable district, or, if thought pre-
ferable, that a single Executive Committee should be formed for
the larger area, with an Executive Officer in each district.
' 4. They suggest that the first duty of the executive Committee
should be to organise small local committees comprising one or
more parishes, or an estate, or any other convenient area, which
will ensure that every farm is fully surveyed and its possibilities
for the increased production of food thoroughly investigated.
The duties of the parish or local committee would be :
(a) To report on the food-producing possibilities of each
farm :
(b) To enumerate and report on the numbers and movement*
of live stock :
(c) To arrange by agreement for the loan and co-operative
use of horses, implements and machinery :
(d) to foresee and tabulate the demands for labour for
harvest and potato lifting :
(e) To organise co-operative effort by every means, so thai
the fullest use may be made of all the agricultural
resources of the district.
362 Provision of Horses and Agricultural Machinery for Executive
Committees in Scotland; and Memorandum, as to Increased
Cultivation in 1918.
5. With this extended organisation in view the Board desire
that each District Agricultural Committee should meet without
delay and proceed to the selection of the Executive Committees
described, in lieu of the existing arrangements. These Com
mittees may be chosen from the members of the District Agri-
cultural Committee or from outside. The names of members of
the Executive Committee should be submitted to the Board for
approval.
VI. HORSES AND AGRICULTURAL MACHINERY.
[The following formed the later part of the Board's Circular Letter of
May 9th, 1917, to District Agricultural Committees.]
1. It is necessary for the safety of the country in the imme-
diate future that the harvest of 1918 should be sufficient to
maintain all or nearly all of the population, and the problem in
face of the farmers is to secure this object notwithstanding the
scarcity of labour, the -difficulty of obtaining additional horses,
and the restricted output of agricultural machinery. To over-
come these difficulties co-operation among farmers will be re-
quired, and it is hoped that by organisation it may be possible
to keep every available horse and every available implement
working practically continuously on one or other of the farms in
the district.
2. The Board will take steps to provide tractor ploughs and
other machinery for the use of Executive Committees. They also
expect to supply a limited number of horse teams, but they must
continue to depend to a large extent on the energy of farmers
themselves, not only to do additional work upon their own hold-
ings, but, so far as possible, to make their horses and implements
available for the use of their neighbours.
VII. INCREASED CULTIVATION IN 1918.
[Memorandum issued by the Board, June 8th, 1917, to District Agri- '
cultural Executive Committees. ]
1. The total increased cultivation desired from Scotland is not
less than 350,000 acres in excess of the area under similar crops
in 1916. The share of each county or district has been communi-
cated to District Agricultural Executive Committees, but it
should be regarded as a minimum, and every effort should be
made to exceed it.
In addition to ploughing iip permanent pasture, the increased
production of grain can and ought to be secured by ploughing an
extra breadth of rotation grass land in addition to the ordinary
lea break, and by taking a second crop of grain on much of the
stubble land, as the acreage of roots must diminished in 1918 if
additional grain cannot otherwise be produced.
Increased acreage of potatoes can be got either by substitution
of potatoes for turnips in the rotation, or by breaking up grass
land in good time to ensure the proper working of the ground.
Memorandum by the Board of Agriculture for Scotland as to
Increased Cultivation in 1918.
2. Executive Officers. Each Executive Committee should
appoint for such period as may be sanctioned an Executive Officer,
and more than one if this is thought desirable and is approved by
the Board. The Executive Officer should during June and July,
with the assistance of members of the Committee, make a com-
plete survey of his whole district, and note the possibilities of
each farm.
3. Local Organisation. To secure completeness of survey, it is
necessary that each member of the Executive Committee should
take special charge of a parish or other convenient area, getting
one or more farmers or other residents in and representative of
that area to act along with him. These local representative
would be of the greatest assistance to the Executive Officer.
4. Local Enquiry. To secure the necessary information, it
may, and probably will, be desirable, that a series of questions as
to proposed cropping and other particulars should be addressed
to each farmer. Where it can be arranged it will be well that the
farms should be visited by a member of the Executive Committee
and the Executive Officer, and the schedule of particulars if the
Committee adopt this method of making enquiry filled up on the
occasion of the visit.
5. When to Proceed. The local enquiry should be completed
by the end of July, and farmers who do not satisfy the Committee
that they will do their utmost should receive timely warning of
the minimum that will be required of them. It will, in most
instances, be prudent to obtain from the farmer a written promise
to perform the work required.
6. Procedure ivhere Compulsory Action is needed. It is hoped
that all interested in land, both landlords and tenants, will co-
operate with the Committees and agree to the suggestions made,
as equality of service, having regard to the circumstances of each
case, is expected from all. Where Committees have reason to
believe that their recommendations will not be carried out, or
where there is delay in commencing operations, they should
submit full particulars of the case for the consideration of the
Board.
On receipt of a recommendation from a Committee the Board
may, if so advised, issue an order under the Defence of the Realm
Regulations, by which the Board are empowered
(a) to require an occupier of land to plough certain areas,
or to apply manures as specified;
(b) to take over the areas in question with a view to their
cultivation by an agent acting for the Board ;
(c) to authorise an occupier of land to cultivate such land in
a manner not consistent with his contract of tenancy ;
or
(d) to determine the tenancy of land which is not being
adequately cultivated.
Memorandum by the Board of Agriculture for Scotland as to
Increased Cultivation in 1918.
Before recommending the exercise of compulsory powers
involving the Board's taking over lands for cultivation, the Com-
mittees should have in view a scheme under which their recom-
mendation can be carried out. The most convenient method
adopted so far has been to appoint a neighbouring farmer, who
has the necessary horses and implements, to carry out the cultiva-
tion for the Board. A sum is arranged in consultation between
the farmer and the Committee (which the Committee will recom-
mend the Board to approve), to be paid by the farmer for the
right of cultivating, and his remuneration will be the profits
derived from the sale of his crop in so far as they exceed the sum
agreed upon. The interests of the proprietor (or occupier, if the
subjects taken over were let) must of course be kept in view,
and he will have in any event the right of applying to the Defence
of the Realm (Losses) Commission, (a) if he considers he has
suffered loss or damage owing to the action of the Committee or
the Board; The sum to be paid to the Board by the farmer culti-
vating should as a general rule be sufficient to cover the rent
usually paid for the subjects entered upon, and also the amount of
any claims for compensation likely to be established.
It is" hoped that cases of compulsion will be few. The Board
trust that the great majority of landowners and farmers will
loyally accept the Committee's views, but the necessity for a
greater supply of home-grown food is so urgent that private and
personal considerations must, in all instances, give place to the
public interest.
7. Grass Parks and other Pasture Land. Committees may
encounter difficuties in connection with the breaking up of grass
parks. Every case brought under review will require to be dealt
with on its merits, but the best solution will generally be found
by inducing owners, who have not the necessary equipment to
enable them to undertake the desired cultivation, to arrange for a
short lease say for five or six years under which a tenant for an
agreed-oil rent takes over the land say from Martinmas next and
cultivates it on lines approved by the Executive Committee.
8. Displacement of Stock. It is scarcely to be expected that
such an area of grass land as 350,000 acres can be ploughed
without some disorganisation of farms and rearrangement of the
methods of maintaining live stock, but it should be kept in mind
that an increase in the arable area does not necessarilv imply a
decrease in the numbers of stock. In any case, owing to the
shortage of shipping, an appreciable reduction must be made in
the flocks and herds of the country in the near future in order to
augment the diminished supplies of meat from abroad.
The Executive Committees should therefore regard the main-
tenance of live stock, with the exception of the dairy herds, as
secondary to the production of cereals and potatoes.
(a.) DEFENCE OF THE REALM (LOSSES) COMMISSION. As to scope and powers
of this Commission, see footnote (a) to section IV (1) of these memoranda,
p. 359.
Use of Deer Forests in Scotland for Grazing of Stock. Compulsory 365
Orders of Board of Agriculture for Scotland under Regula-
tion 2M.
VIII. DEER FOREST GRAZINGS.
[Extracts from Circular Letters of the Board of Agriculture for Scotland
to Landed Proprietors.]
1. Recommendation of Departmental Committee. The Scot
tish Food Production Committee referred to under I. of this
Summary in their First Report recommended inter alia :
" (24) That an appeal should be made to all owners of
deer forests and grouse moors to allow these to be used, so
far as practicable, for grazing cattle or sheep on terms to be
mutually arranged."
2. Intimation by Board. (i) The Board in their letter of
December 19th, 1916 (extracts from which are printed p. 370,
i:nder 5 (1) of this Part of this Manual), took the opportunity
of urging upon landowners the necessity, from the point of view
of national welfare, of making the suitable parts of deer forests
available for the grazing of stock during the forthcoming season.
The Board asked to be informed how far landowners were
willing to co-operate with them on these lines with a view to
helping to maintain the production of food, and diminishing the
difficulties of the farmer, and what steps landowners proposed to
take to give effect to such recommendations.
(ii) Since the issue of the Circulars the Board have been
engaged in making a survey of the different forests, and, in view
of the duties which have been imposed upon them by the Defence
of the Realm Regulations, desire to impress upon landowners the
necessity, wherever possible, of granting facilities for grazing
sheep as. well as cattle in deer forest areas.
Before taking further steps in this direction under the powers
conferred upon them, the Board think that it will be a distinct
advantage if they have before them, for communication to farmers
desiring relief grazings, or willing to restock deer forests, a
definite statement from each proprietor indicating exactly what
has been done during the present season, and what he is prepared
to do in addition.
The Board would accordingly be glad to be furnished with this
information at the earliest possible date, and, unless there are
special reasons for delay, within ten days from July 18th.
IX. COMPULSORY ORDERS.
[Circular Letter of July 27th, 1917, of the Board to Executive
Committees.]
1. The Board do not anticipate that, as a general rule, farmers
will be unwilling, when the need is pointed out to them, to
undertake the cultivation of additional areas on their farms,
provided that they are able to secure the necessary labour and
implements. From the experience gained during the past
Spring, however, it appears that in a certain number of cases
occupiers of land may for various reasons be reluctant to meet
the views of Committees in this respect, and will either refuse to
act in accordance with the suggestions made to them or will
endeavour to prolong the negotiations to such an extent as in
366 Compulsory Orders of Board of Agriculture .for Scotland under
Regulation 2M.
effect to nullify the compulsory powers conferred on the Board
by the Defence of the Realm Regulations. In some instances,
also, it is probable that farmers will intimate their willingness
to undertake the additional cultivation required of them, but
will subsequently put forward pretexts for not complying with
the wishes of the Committees concerned.
2. The Board attach great importance to the attainment of
the desired increase in the area under crops by means of amicable
arrangements wherever possible, but they will not hesitate to
have recourse to their compulsory powers where this appears to
be necessary and justifiable. Every effort should, however, in
the first place, be made to secure the desired end by agreement,
and no pains should be spared to secure the co-operation of
farmers and other occupiers of land in the work with which
Agricultural Executive Committees have been entrusted. In
this connection it would be advisable for Committees who have
arrived at an agreement with the farmers concerned, as to the
area to be put under crops, to emphasise that the arrangement is
of the nature of a bargain which will require to be implemented,
and if, by 1st February, 1918, the Committee are not satisfied
that the necessary steps have been taken by a farmer to carry
out the work, they should, if so advised, submit the whole facts
to the Board in recommending the issue of a Compulsory Order.
3. The Board consider it essential that in every instance all
the parties interested should be allowed to submit their obser-
vations direct to the Board before the issue of a Compulsory
Order. In every case, however, such observations will require to
be submitted before the expiry of a definite period, and in no
instance will the Board decline to act on a recommendation
made by a Committee without giving them an Opportunity of
considering any statements or objections bearing on the proposals
which may have been made.
4. Before it is decided to recommend that the Board should
call upon an occupier to cultivate his land in accordance with
certain specified requirements, the Committee should of course
satisfy themselves that the occupier concerned is in a position
to undertake the cultivation which is considered to be necessary.
Similarly, in submitting proposals involving the entering on and
taking possession of land, the Committee should have in view
the means whereby the land is to be cultivated. As a general
rule, it will be found advisable to arrange for land as taken over
to be cultivated by a neighbouring farmer who has at his dis-
posal the necessary labour and implements, but in considering
such arrangements due regard should be had to the fact that
OT >^ exercise of the Board's compulsory powers may form the
subject of a claim to the Defence of the Realm (Losses) Commis-
sion^), and every effort should accordingly be made to ensure
that any arrangement made will be such as to ensure as far as
possible no charge will fall on public funds.
(a) DKFENCE OF THE REALM (Lossns) COMMISSION. As to scope and
powers of this Commission, see footnote (a) to Section IV (1) of these
memoranda p. 359.
Ploughing in Scotland of Larger Area than that authorised 367
by Lease.
X. PLOUGHING OF LARGER AREA THAN THAT AUTHORISED BY
LEASE.
[Circular Letter of August 20th, 1917, of the Board to Executive
Committees.]
1. The question has arisen in some districts as to the position
that should be taken up when, in the judgment of a District
Agricultural Executive Committee, more land should be ploughed
by a farmer in the last year of his lease than he is entitled to
do by the terms of that lease. The Board do not consider that
the terms of the lease should preclude the possibility of the
Committee's views being met, but the question arises whether
it would be fair to all parties that the outgoing tenant should
be allowed to plough more widely than his lease contemplates
without some consideration being given to the rights of the land-
lord or the incoming tenant.
2. Where possible, Committees should encourage outgoing
tenants to make amicable and equitable arrangements with their
proprietors, and it appears to the Board that the interests of all
parties might be conserved either by:
(1) An agreement between the parties that the outgoing
tenant should be paid for the seed and labour expended
in laying down the crop and receive an allowance for
the loss of pasture from the date of ploughing to the
end of the tenancy, and the incoming tenant should
get the crop on making these payments ; or
(2) The parties should arrange between themselves that a
certain sum should be paid by the outgoing tenant
to his proprietor for the privilege of having an
additional way-going crop on the acreage which the
Committee desires ploughed.
3. In determining what would be a reasonable payment regard
would be had to the fact that the outgoing tenant was, so far
as the land in question was concerned, reaping the crop of an
additional year beyond what was contemplated in his lease.
4. The foregoing suggestions are made by the Board on the
assumption that an arrangement mutually satisfactory to all
parties can be arrived at. In certain cases it may be necessary
for the Board to consider whether on the recommendation of the '
Executive Committee they should issue a compulsory order
requiring the outgoing tenant to plough a larger area than was
authorised by his lease. Generally speaking, the Board would
have some difficulty in issuing such an order unless they were
assured that the rights of all parties were duly conserved.
368
Regulation 2o of the Defence of the Realm Regulations applying
to Scotland,
Keeping of
pigs notwith-
standing
bye-laws.
3. Keeping of Pigs.
REGULATION 2o or THE DEFENCE OF THE REALM REGULATIONS.
2. With a view to maintaining the stock of pigs in the
country, any local authority by whom a byelaw has been made
which is for the time being in force prohibiting, restricting, or
regulating the keeping of pigs may grant permission, either
generally or in particular cases, to keep pigs, notwithstanding or
contrary to any provisions of any such byelaw; subject, however,
to the observance of any directions of the local authority in the
interests of public health. (a)
(a) BYE-LAWS AND OTHER RESTRICTIONS. The enactments empowering the
making of bye-laws and containing other restrictions as to the keeping of pigs
are contained in ss. 16, 35, of the Public Health (S.) Act, 1897 (60 & 61 Viet.
c. 38).
Regulation 2d of the Defence of the Realm Regulations and Order 369
and Memorandum as to Killing of Deer in Scotland.
4. Injury by Deer to Crops, &c.
(1) EXTRACTS FROM CIRCULAR LETTER, DATED DECEMBER 19, 1916,
OF THE BOARD OF AGRICULTURE FOR SCOTLAND TO LANDED
PROPRIETORS IN SCOTLAND.
[These Extracts, which also relate to killing of rabbits and
keeping down of game are printed as 5 (1) below.]
(2) REGULATION 2a OF THE DEFENCE OF THE REALM REGULATIONS.
[This Regulation was added to the Code by Order in Council of
January 10th, 1917 (St. R. & 0., 1917, No. 5).]
2Q. The Board of Agriculture for Scotland may, with the Prevention
consent of the Secretary for Scotland, take or authorise such ^ i n i ur y ty
action in Scotland, whether by killing the deer or otherwise, as ^j*
., -. . , . . dllu. pdcsuLUc.
may, in their opinion, be necessary with a view to preventing or
reducing injury to crops or wastage of pasturage caused by deer.
(3) ORDER, DATED JANUARY 15, 1917, MADE BY THE BOARD OF AGRI-
CULTURE FOR SCOTLAND WITH THE'CONSENT OF THE SECRETARY
FOR SCOTLAND UNDER REGULATION 2a OF THE DEFENCE OF
THE REALM REGULATIONS.
15.
1917. No.
S. 1
The Board of Agriculture for Scotland acting with the con-
sent of the Secretary for Scotland under the powers conferred upon
them by the above-mentioned Regulation, and with a view to
preventing or reducing injury to crops or wastage of pasturage
on agricultural holdings, hereby authorize the occupier of any
agricultural holding in Scotland to kill by any means available
deer that are trespassing on his grazings or causing injury to his
Trops.
In witness whereof the Board of Agriculture for Scotland
have hereunto fixed their Official Seal this fifteenth day
of January, Nineteen hundred and seventeen.
Robert P. Wright,
Chairman.
(L.S.)
H. M. Conacher
Secretary.
(4) SUMMARY OF CIRCULAR LETTER OF JANUARY, 1917, OF BOARD
OF AGRICULTURE FOR SCOTLAND TO DISTRICT AGRICULTURAL
EXECUTIVE COMMITTEES.
The Board's Order of January 15th 1917, authorises occupiers
of arable and sheep farms to shoot deer found straying on these
lands.
District Agricultural Executive Committees are requested to
make this information widely known, to inform the Board at once
where local effort is unable to cope with the ravages of the deer,
and to make any suggestions that occur to the Committee for
dealing with the case.
Killing of Rabbits and Discouragement of Rearing of Game in
Scotland.
5. Destruction of Birds, Hares, Rabbits, Vermin and Pests.
(1) Killing of Rabbits and Dis- (3) Destruction of Birds and
couragement of Rearing of
Game. Summary of Letter
to Landowners, p. 370.
(2) Regulation 2R of the Defence
of the Realm Regulations,
Rabbits. Summary of Letter
to Committees, p. 373.
(4) Rabbits Orders, p. 3 4.
(5) Grouse and Black Game
(Scotland) Order, 1917,
p.. 371. p. 375.
(1) KILLING OF RABBITS AND DISCOURAGEMENT OF REARING OF
GAME. SUMMARY OF EXTRACTS FROM CIRCULAR LETTER, DATED
DECEMBER 19, 1916, OF THE BOARD OF AGRICULTURE FOR
SCOTLAND TO LANDED PROPRIETORS IN SCOTLAND.
(i) Recommendations of Food Production Committee, The
Committee appointed by the Secretary for Scotland in 1915 .to
inquire into the Question of maintaining and if possible
increasing the production .of food in Scotland made inter alia
the following recommendations :
" (22) That all landowners and shooting tenants should
be urged in the interests of the national food supply either
to kill as many rabbits as possible, or to net woodlands and
plantations, or, as an emergency measure, to allow agri-
cultural tenants the unrestricted privilege of killing rabbits,
including (a) the right of entry into woods, (6) the employ-
ment of such increased numbers of men as may be necessary
for the work, and (c) permission to kill rabbits on moors
without reference to any time limit.
" (25) That all artificial rearing of game should be dis-
couraged."
(ii) Facts of Situation. The Board have received persistent
complaints from farmers of the.damage done to crops and pasture
by ground and winged game. The Secretary for Scotland has also
been impressed by complaints of this kind which have reached
him, and he has instructed the Board to bring before landed
proprietors in Scotland the plain facts of the situation.
The cost of imported food stuffs has risen through shortage of
shipping and the severance of certain sources of supply. The
trouble has been aggravated recently by the necessity of importing
more grain from distant centres, such as Australia, owing to the
comparatively poor grain crop in North America last season.
In the meantime the difficulties of the farmer have increased
through the considerable withdrawal of men from agriculture
to military service and the scarcity and clearness of artificial
manures.
(iii) Intimations by Board. The Board think that it will be
agreed that the farmer, faced with the demands which the com-
munity is now making on him, is entitled to be protected from
other difficulties of an avoidable nature. The Board have less
difficulty in believing that the complaints of damage by game
are well founded at this time, since, owing to the curtailment of
Regulation 2n of the Defence of the Realm Regulations as
amended and applying to Scotland,
shooting for sport during* the last three seasons, game (especially
ground game and deer) has increased in numbers and therefore
has had to range farther for food.
The Board hope, therefore, that no obstacle will be placed in
the way of agricultural tenants exercising their rigkts under
the Ground Game Act, and further, that landowners will allow
their tenants, as a privilege, to kill ground game at any time in
the year ; and in view of the fact that ground game cannot be
kept down effectually on farms if they are allowed to multiply
unchecked in woodlands and plantations bordering on farms, that
either landowners will themselves take measures to keep down
ground game on such plantations or allow the tenants of the
farms affected to do so.
The Board also express the hope that no artificial rearing or
feeding of game of any kind will be carried on during the war. (a)
The Board are also satisfied that measures should be taken to
deal with deer straying on to farms and crofts as they are more
likely to do in view of their increased numbers at the present time
than under normal conditions. Moreover, the agricultural tenant,
apart from legal disabilities, which the Board hope would not be
pressed at the present time, would be less able to shoot straying
deer than ground game owing to difficulties in the way of getting
rifles and ammunition. It is understood that the Commissioners
of Woods and Forests are allowing* their tenants on Crown lands
in Caithness to shoot deer straying from their deer forest; but,
in view of -the consideration mentioned, the responsibility for
dealing directly with the trouble seems to rest mainly with the
owner.
If owners are not in a position to take further steps themselves
to keep down deer to the pre-war level, the Board will welcome
any suggestion from them as to how this can be done by con-
certed public action.
(2) REGULATION SR OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO SCOTLAND.
[This Regulation was first added to the Code by Order in Council of
February 23rd, 1917, but was subsequently amended to the form in
which it is here printed.]
2R. (1) The Board of Agricultural for Scotland may, with Prevention
a view to preventing or reducing injury to crops or trees, or of injury by
wastage of pasturage by birds, hares or rabbits or by vermin or bird ^ hares '
pests, or to securing for the food supply of the country any \ ' bblts ' ver
migratory kind of wild bird, to cr op s ,
(a) take or authorise such action as, in the opinion of the trees, &c.;
Board, may be necessary for such purpose, or delegate securing
to any body the powers conferred by this paragraph
as respects any locality;
(a) FEEDING OF GAME. See the Food Controller's Order of January llth,
1917, p. 31 of this Manual providing that no grain shall be fed to game birds.
372 Regulation 2n of the Defence of the Realm Regulations as
amended and applying to Scotland.
(6) provide for the manner in which birds or hares or
rabbits killed in pursuance of the action so taken
may be disposed of;
(c) Jby order, authorise the killing and taking", the sale and
purchase, and the possession, of any birds or hares or
rabbits at any time when the killing and taking, the
sale and purchase, or the possession thereof would
otherwise be unlawful. (a)
(2) A person authorised or directed to kill or dispose of birds or
hares or rabbits under this regulation shall not be required to
obtain for such purpose a licence to kill game, and shall have the
same power of selling game killed by him or by the persons
authorised by him as if he had a licence to kill game(b) :
Provided that nothing in this regulation shall exempt any
person from the provisions of the Gun Licence Act, 1870, (c)
(a) CLOSE TIME FOR BIRDS AND HARES. The close time for pheasants,
partridges, grouse and black game is fixed by the Game Acts, and is not under
those Acts alterable by Statutory Order. See the Order under (5) as to grouse
and black game, p. 375. The Hares Preservation Act, 1892 (55 Viet. c. 8)
prohibits the selling of hares (other than foreign hares) between March 1st and
July 31st. For rabbits there is no close time. The close times for woodcock,
snipe, quail, landrail and wild duck, widgeon and teal and other wild birds
depends on Orders of the Secretary for Scotland, under the Wild Birds Pro-
tection Acts of 1880 (43 & 44 Viet. c. 35), 1881 (44 & 45 Viet. c. 51), 1894
(57 & 58 Viet. e. '24) and 1896 (59 & 60 Viet. c. 56).
Under these Acts the Secretary for Scotland has made an Order for each of
the 33 Scottish counties, except those of Bute, Elgin, Linlithgow and Renfrew.
These Orders, which were all made in 1917, will expire on February 28, 1920,
except that for Fife which applies " until further order." They are printed and
on sale as Statutory Rules and Orders (1917, Nos. 94 to 112, 165 to 170, 195,
196, 292, 385, 481 and 553).
The local authorities under the Acts are in burghs which are counties of
cities (i.e., Edinburgh,. Glasgow, Dundee and Aberdeen), the town councils; and
elsewhere the county councils. See s. 11 (5) (i) of the Local Government
(Scotland) Act, 1889 (52 & 53 Viet c. 50) and ss. 8, 9 of the Wild Birds Pro-
tection Act of 1880 and s. 3 of that of 1896, as read with s. 28 (1) of the Local
Government (Scotland) Act, 1908 (8 Edw. 7. c. 62).
There are three further Wild Birds Protection Act, viz. of :
1902 (2 Edw. 7 c. 6) relating to the forfeiture of birds or eggs in respect of
which an offence has been committed.
1904 (4 Edw. 7 c. 4) prohibiting the setting of' certain springs, traps and
gins, and
19i>8 (8 Edw. .7 c. 11) prohibiting the taking of wild birds by hooks.
(b) LICENCE TO KILL GAME. Such a licence authorises the selling of game
- killed under it without any further licence.
(c) GUN LICENCE ACT, 33 & 34 Viet. c. 57. This Act makes an excise licence
to use or carry a gun obligatory.
Memoranda as to Destruction of Birds and Rabbits in 373
Scotland.
(3) DESTRUCTION OF BIRDS AND BABBITS. SUMMARY OF
EXTRACTS FROM CIRCULAR LETTER, DATED APRIL SRD, 1917,
OF THE BOARD OF AGRICULTURE FOR SCOTLAND TO DISTRICT
AGRICULTURAL EXECUTIVE COMMITTEES.
[Since the date of this Letter Reg. SR has been further extended and
as so extended and applying 1 to Scotland is printed p. 371. The Notes
in small type have been added by the Editor.]
(i) The Board have asked expert advice as to the desirability
of removing, under the powers conferred on them by Regula-
tion 2R, the restrictions provided by the Wild Birds Protection
Acts on the killing of migratory kinds of wild fowl in Scotland ;
but apart from practical difficulties of identification and shoot-
ing, they understand that the only migratory wild birds in this
country at present are denizens of Northern Europe, which are
already on their way back to their homes after wintering here.
Under these circumstances, the Board do not propose to take any
action in this direction. [As to .the Wild Birds Protection Acts and
Orders thereunder, see footnote (a) to Reg. 2R, p. 372.]
(ii) A few complaints have been received as to damage by
pheasants, but so far the Board have not considered it advisable
to issue an Order authorising their destruction by occupiers of
agricultural land. [No Order has (Oct. 21, 1917), been issued as to
pheasants in Scotland.]
(iii) It has been suggested that there should be no close season
for Black Game this year, and that the opening of the grouse-
shooting season should be advanced a week or so. [See the Grouse
and Black Game (Scotland) Order, 1917, printed as (5) hereof, p. 375 reducing
the close season.]
Rabbits are being dealt with in a separate Order. [See the Order
of April 4th, 1917, and the further Order of June 14th, 1917, printed p. 374.]
(iv) Before considering the advisability of framing any
further Order under this regulation, the Board would be glad to
have the views of District Agricultural Executive Committees on
the subject, and any suggestions which a Committee have to
make arising out of complaints which have been made to them
regarding depredations of any kind. In so doing, the Board
suggest that it will be well to bear in mind that any general or
indiscriminate destruction of wild birds might defeat the object
in view, by removing the means which nature has provided for'
keeping down insect pests. '
3~4 Destruction in Scotland of Rabbits on Agricultural Holdings ana
on Woodlands or Moorlands adjoining.
(4) -BABBITS ORDERS.
(i) ORDER, DATED APRIL 4, 1917, MADE BY THE BOARD OF AGRI-
CULTURE FOR SCOTLAND UNDER REGULATION 2R OF THE
DEFENCE OF THE REALM REGULATIONS.
1917 No
"S44
The Board of Agriculture for Scotland, in pursuance of the
powers conferred upon them by the above-mentioned Regulation
and with a view to preventing or reducing injury tt crops or
tiees or wastage of pasturage, hereby authorises the occupier of
any agricultural holding in Scotland, and any person or persons
to whom he may grant permission in writing so to do, to take or
kill rabbits on such holding at any time and by any means avail-
able.
In witness whereof the Board of Agriculture for
Scotland have hereunto fixed their Official Seal this fourth
day of April, Nineteen hundred and seventeen.
(L.S.) Robert P. Wright,
Chairman.
H . M. Conacher,
Secretary.
(ii) ORDER, DATED JUNE 14, 1917, MADE BY THE BOARD OF AGRI-
CULTURE FOR SCOTLAND UNDER REGULATION 2R OF THE
DEFENCE or THE REALM REGULATIONS.
1917 ' N - STB>-
The Board of Agriculture for Scotland, in pursuance of the
powers conferred upon tjiem by the above-mentipned Regulation
and in continuation of the Order made by them on 4th April,
1917, hereby authorise the occupier of any agricultural holding
in Scotland and any persons not exceeding two in number to
whom he may grant permission in writing so to do, to enter any
woodland, moorland or heath adjoining such holding between the
1st day of July and the 30th day of April following for the pur-
pose of taking and killing rabbits by means of trap or snare or
net, and to take and kill rabbits accordingly; provided that
(1) such occupier or other person shall not use spring traps
for the said purpose except in rabbit holes :
(2) such occupier shall be liable for damage to fences and
trees occasioned by him or by persons to whom he has
granted permission in the exercise of the rights con-
ferred by this Order : and
Grouse and Black Game (Scotland) Order, 191T. 375
(3) a person other than the occupier exercising the rights
conferred by this Order shall produce his permission
if required by any person having a concurrent right
to take and kill rabbits on the land.
In witness whereof the Board of Agriculture for Scotland
have hereunto fixed their Official Seal this fourteenth day
of June, nineteen hundred and seventeen.
(L.S.) Robert P. Wright,
Chairman.
(L.S.) H. M. Conacher,
Secretary.
(5) THE. GROUSE AND BLACK GAME (SCOTLAND) ORDER, 1917,
DATED AUGUST 3, 1917,- MADE BY THE BOARD OF AGRICULTURE
FOR SCOTLAND UNDER REGULATION 2& OF THE DEFENCE OF THE
REALM REGULATIONS.
1917, No. . "1.
The Board of Agriculture for Scotland, in pursuance of the
powers conferred on them by the above-mentioned Regulation, do
hereby authorise the killing and taking, the sale and purchase,
and the possession of grouse and black game in Scotland, at any
time between the sixth day of August (including that day) and
the date at which any of these things would become lawful in the
current year if this Order had not been made, by any person who
would be entitled to do any of these things after the last-men-
tioned date.
This Order may be cited as the Grouse and Black Game (Scot-
land) Order, 1917.
In Witness hereof the Board of Agriculture for Scotland have
hereunto set their Official Seal this third day of August,
Nineteen hundred and Seventeen .
(L.S.) Robert P Wright,
Chairman.
H . M. Conacher,
Secretary.
376 Regulation 2s of the Defence of the Realm Regulations,
applying in Scotland.
6. Destruction of Stray Dog's.
REGULATION 2s OF THE DEFENCE OF THE REALM REGULATIONS.
Destruction 2 s . (1) Where a dog lias been seized as a stray dog by a
of stray police constable under the Dogs Act, 1906, it may be destroyed
under that Act at any time after the expiration of three clear
days from the time of seizure, unless in the meantime the owner
of the dog has claimed the dog, and produced his licence in
respect of the dog or proved that the dog is not one in respect
of which a licence is required, and paid all expenses incurred by
reason of its detention ; and a notice served under subsection (2)
of section three of the Dogs Act, 1906, on the owner of the dog
which contains a statement to this effect shall be a sufficient
compliance with that subsection.
(2) Any person who takes possession of a stray dog shall, unless
he immediately returns the dog to its owner, forthwith hand the-
dog over to a police constable ; and if he fails to do so, shall
be guilty of a summary offence against these regulations; and a
dog so harided over to a police constable shall thereupon be
treated as a dog seized by him as a stray dog under the Dogs
Act, 1906. (a)
(a) DOGS ACT, 190G (6 EDW. 7, c. 32). Under that Act a stray dog seized
by the Police thereunder could not be destroyed until the expiration of seven
days from the seizure or service of notice on the dog's owner where that is
required.
The Dogs Order of 1906 (St. R. & O., 1906, No. 791), made by the Board of
Agriculture and Fisheries, whose powers under the Diseases of Animals and Dogs
Acts extend to Scotland, empowers local authorities to make regulations as to
wearing by dogs of collars : a dog in respect of which such regulations are
contravened may be seized and dealt with as a stray dog.
Regulation 2x of the Defence of the Realm Regulations as 377
txpplying to Scotland.
7. Supply of Horses for Agriculture.
REGULATION 2x OF THE DEFENCE OF THE REALM REGULATIONS
SO FAR AvS IT APPLIES TO SCOTLAND.
2 T . (1) Aii occupier of an agricultural holding in Scotland Restriction
shall not sell or part with the possession of any horse used, or ^parting
f " i i n -I i i P j i i -i -i i with horses
capable of being used, ior the cultivation of the holding except use d in agri
with the authority of a licence granted under this regulation. culture.
(2) The Board of Agriculture for Scotland in relation to any
holding in Scotland, may by licence authorise the occupier of a
holding to sell ,or part with the possession of a horse, if the Board
are satisfied that the cultivation of the holding will not be thereby
prejudiced, or that for any other reason the issue of such a licence
is necessary or desirable, and any licence so issued may contain
such conditions as the Board think desirable.
(3) The Board may authorise any person or any body consti-
tuted by the Board under these regulations to exercise on behalf
of the Board the power of issuing licences under this regulation.
(4) Any person who sells or parts with the possession of a
horse in contravention of this regulation or fails to comply with
any condition of a licence issued under this regulation, and any
person who buys any horse which he knows to be sold to him
'.n contravention of this regulation, shall be guilty of a 'summary
offence against these regulations.
(5) The expressions "agricultural holding" and "occupier"
shall have the same meaning as in Regulation
(a) " AGRICULTURAL HOLDING," " OCCUPIER," Reg. 15D provides as follows :
" For the purposes of this regulation, ' agricultural holding ' means any
piece of land which is wholly agricultural or wholly pastoral, or part agri-
cultural- and as to the residue pastoral, or in whole or in part cultivated for
the purposes of the trade or business of market gardening ; and ' occupier '
includes any person for the time being having the arrangement of the
holding."
378
Regulation 41AAA of the Defence of the Realm Regulations as
applying to Scotland.
8. Cessor of Agricultural Employment.
REGULATION 41AAA OF THE DEFENCE OF THE REALM REGULATIONS
SO FAR AS IT APPLIES TO SCOTLAND.
Duty to
furnish in
formation on
cessor of
agricultural
employment
of male
person of
16 years or
over.
Any person who in Scotland employs in agriculture
any male person of sixteen years of age or over (such employment
not "being of a casual nature) shall on such person ceasing to be
so employed by him give or send to the Board of Agriculture
for Scotland, or to such person or body of persons as the Board
may direct in that behalf, notice in writing within twenty-four
hours of the termination of the man's employment, stating his
name, the nature of his employment, his place of residence
whilst so employed, and particulars (where known to him) of
the man's new employer and place of employment (if any). (a)
If any person fails to give or send a notice in accordance with
the requirements of this regulation, or in any such notice gives
any false information, he shall be guilty of a summary offence
against these regulations.
In this regulation the expression
market gardening and forestry.
agriculture " includes
(a) ORDER OF BOARD OF AGRICULTURE FOR SCOTLAND. The Agricultural
Employment (Scotland) Order, 1917 (1917, No. 1112), made subsequent to the
date of this Manual and therefore omitted from this Edition, provides to whom
the notice shall be given or sent.
DEPARTMENT OF AGRICULTURE AND TECHNICAL
INSTRUCTION FOR IRELAND ]
[Attention is directed to the Introductory Note at p. iii which
states the scope and arrangement of this Manual.^
PART VII.
[relating 1 to Ireland only].
POWERS AND ORDERS OF THE DE-
PARTMENT OF AGRICULTURE AND
TECHNICAL INSTRUCTION FOR IRE-
LAND UNDER THE DEFENCE OF
THE REALM REGULATIONS.(a) ()
INTRODUCTORY NOTE TO PART VII.
(1) Contents of Part VII. This Part of this Manual comprises
those 8 Regulations (2L, 2M, 2x (which is ancillary to the two
first named), 2o, 2p, 2n, 2s, and 2i) which confer express
powers of " maintaining the food supply of the country " on the
Department of Agriculture and Technical Instruction for Ireland
(those Regulations being here printed as amended to October 21,
1917, and in the form in which they apply to Ireland), together
with the full text of all Orders now (October 21, 1917) in force
made by that Department and epitomes and notes of the Instruc-
tions and Memoranda issued by the Department, explanatory of
the Orders.
This Part of the Manual is subdivided in the manner shown in
the Table at p. 381, each of the divisions which are arranged
according to the sequence of the code comprising one of the 7
principal Regulations(b) and grouped therewith the Orders and
Memoranda thereto relating.
(2) Powers of Department of Agriculture and Technical
Instruction for Ireland under the Defence of the Realm Regula-
tions and under the Corn Production Act Concurrent. The
powers of the Department under the Regulations as to maintain-
ing the food supply of the country are concurrent with their
powers as to matters dealt with in Part IV. of the Corn Production
Act, 1917 (printed pp. 216-221), Part IV. of the said Act as
modified by s. 18 (2) (, (d), and (/) (pp. 225, 226) having come
into operation on the date of the passing of the Act (see ss. 18 (2)
(/) (ii), 19 (2)) instead of as in Great Britain, having a deferred
operation.
(a) ENGLISH AND S.COTTIS AGKICULTURAL POWERS AND ORDERS. The
powers of the Department of Agriculture and Technical Instruction for Ireland
under the Defence of the Realm Regulations are confined to Ireland. Parts V.
and VI. of this Manual comprise the corresponding legislation, &c., affecting
England and Scotland respectively.
(to) REGULATION 2N. This, which in Ireland is ancillary to Reg. 2L only, is
printed under 1 thereto relating.
Constitution and General Powers of the ])epartment of Agricul-
ture and Technical Instruction for Ireland.
(3) Complete Official Editions of Defence of the Realm Regula-
tions, $c. The plain text of the whole of the Defence of the
Realm Regulations reproduced under the authority of
Regulation 64 as one single Consolidated Code (which by
successive additions now comprises over 200 Regulations),
and revised to the last day of each month, is published
at the commencement of the ensuing month. In " the
Defence of the Realm Manual," which will henceforth be
issued at half-yearly intervals (i.e., the editions will be revised to
May 31st and November 30th of each year), the Regulations
are accompanied by full editorial notes, by the full text of both
the enabling Acts and of the Departmental Orders made under the
Regulations with full notes, and by an analytical index to the
whole of the Defence of the Realm Legislation.
(4) Constitution and General Powers of the Department of
Agriculture and Technical Instruction for Ireland. This
Department was established and incorporated by the Agriculture
and Technical Instruction (I.) Act, 1889 (62 & 63 Viet., c. 50),
which transferred to the new Department various powers and
duties of the Lord-Lieutenant, Chief Secretary, Irish Land Com-
mission, Inspectors of Irish Fisheries, and other departments.
S. 47 of the Irish Land Act, 1909 (9 Edw. T, c. 42), transferred
to the Department certain agricultural, &c., powers of the
Congested Districts Board.
Of the Department the Chief Secretary is ex-ofjicio the
President (62 & 63 Viet., c. 50, s. 1 (1)) : his office is one of
those immediate succession from one to the other of which does
not vacate a seat in the House of Commons : a list of all such
Offices is given in Appendix VII. to this Manual. There is also
a Vice-President (appointed and removable by a Secretary of
State, 62 & 63 Viet., c. 50, s. 1 (1)), who is qualified for Parlia-
ment, and no parliamentary incapacity attends his acceptance
of office. To assist the Department there are two Boards an
Agricultural one (as to which see 62 & 63 Viet., c. 50, ss. 7, 9,
12, 24) and one of Technical Instruction of both of which the
President and Vice-President of the Department are ex-officw
members.
As to the proof of Orders of the Department and provisions of
the Defence of the Realm Regulations as to the construction of
such Orders see Part X. of this Manual.
Reference to all the various enactments conferring powers on
the Department is afforded by the list of the Department's powers
and duties on p. 408 of the 1916 Edit, of the " Index to the
Statutes in Force " sub roc '^Department of Agriculture, &c.,
for Ireland."
This Part of this Manual contains only the Department's
powers as the " maintenance of the food supply of the country"
under the Defence of the Realm Regulations powers derived
from Orders of the Food Controller being comprised in Part II.
The Board's other powers are dealt with in other Parts of this
Manual, and are capitulated under the heading " Department of
Agriculture and Technical Instruction for Ireland " in the Index.
ALEXANDER PULLING.
Regulation 2L of the Defence of the Realm Regulations as 381
amended and applying to Ireland.
TABLE OF CONTENTS OF PART VII.
1. Increase of Cultivation oj
Rural and Urban Areas,
p. 381.
2. Drainage of Land ', p. 393.
3. Keeping of Pigs, p. 395.
4. Compulsory Tillage, p. 396.
5. Destruction of Birds, Hares,
Rabbits, Vermin and Pests,
p. 404.
6. Destruction of Stray Dogs,
p. 405.
7. Exportation of Horses, p. 406.
1, Increase of Cultivation of Rural and Urban Areas.
(1) REGULATION 2L OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED SO FAR AS IT APPLIES TO IRELAND, AND REGULA-
TION 2N IN THAT CONNECTION.
2 L . (1) Where the Department of Agriculture and Technical Powers of
Instruction for Ireland are of opinion that, with a view to ltati4, 57, 107, of the Public Health (Ireland) Act, 1878 (41 & 42 Yict c 52X
Regulation 2p of the Defence of the Realm Regulations a*
amended and applying to Ireland.
4. Compulsory Tillage.
(1) REGULATION 2r OF THE DEFENCE OF THE REALM REGULATIONS.
2 P . (1) Subject to the provisions of this regulation, it shall
b e the duty of every occupier of arable land in Ireland to culti-
va ^ e * n ^ e year nineteen hundred and seventeen so much of the
arable land held by him, and hereinafter called the " holding,"
as is specified in that behalf in this regulation, and if he fails
or neglects to do so, he shall be guilty of a summary offence
against these regulations.
(2) The portion of the holding to be cultivated pursuant to
this regulation shall be as follows :
(a) If no part of the holding was cultivated in the year
nineteen hundred and sixteen, a portion equivalent
in extent to one-tenth of the area of the holding ;
(6) If any part of the holding was cultivated in the year
nineteen hundred and sixteen, a portion equivalent
in extent to the part so cultivated and to one-tenth
of the area of the holding in addition : provided that
the occupier shall not be required by virtue of this
provision to cultivate more than one-half of the area
of the holding.
(3) This regulation shall not apply to
(a) any holding of less than ten acres in extent; or
{&) any holding or class of holdings as to which not later
than the twenty-fifth day of March nineteen hundred
and seventeen it shall be declared in writing by the
Department of Agriculture and Technical Instruc-
tion for Ireland that the cultivation of the holding
or class of holdings would be of less service for
the "production of food than the use of the holding
or class of holdings in some other manner in which
the same is being used or proposed to be used. (a)
(4) Land under a first or second year's crop of rye-grass shall
be deemed to be cultivated, and cultivation by any person under
a conacre letting made by the occupier shall be deemed to be
cultivation by the occupier.
(5) This regulation shall have effect notwithstanding any
covenant, agreement, condition, or provision as to the user of a
holding whether contained in any lease or other instrument
affecting the holding or in any verbal contract of tenancy or
(a) DECLARATION EXCEPTING HOLDINGS. See Declaration of Feb. 21, 1917
printed as (2) p. 398.
Regulation 2p of the Defence of the Realm Regulations as
amended and applying to Ireland.
implied by law, and 110 such covenant, agreement, condition, or
provision shall operate so as to penalise, impede, or interfere
with such cultivation as is required by this regulation.
^
(6) Any person duly authorised by the Department of Agri-
culture and Technical Instruction for Ireland in that behalf
shall have power to enter on and inspect any land for the purpose
of ascertaining whether the requirements of this regulation are
being or have been complied with.
(7) Any application to the Department of Agriculture and
Technical Instruction for Ireland for a declaration as to a
holding under subsection (3) of this regulation shall be made in
writing on or before the twenty-eighth day of February nineteen
hundred and seventeen, and shall set out the particulars of the
holding, the manner in which it is used or proposed to be used,
and the grounds of the application.
(8) If at any time after the twenty-eighth day of February
nineteen hundred and seventeen it appears to the Department of
Agriculture and Technical Instruction for Ireland that the
occupier of a holding does not intend to fulfil the requirements
of this regulation the Department may enter on the holding and
may cultivate the same or any part thereof, or arrange for its
cultivation by any person in such manner and upon such terms
and cor. ditions as the Department may direct, and may exercise
as respocts the holding all or any of the powers given to the
Department by Regulation 2L.(a)
(9) It shall be the duty of an occupier of a holding to furnish
to the Department of Agriculture and Technical Instruction for
Ireland, if and when required by them, such particulars with
respect to the holding and user thereof, as may be required by
the Department for the purposes of this regulation, and any
occupier who fails or neglects to comply with such requirement
shall be guilty of a summary offence against these regulations.
(10) For the purpose of this regulation " arable " means culti-
vated or capable of being cultivated; and " occupier " means the
person rated or liable to be rated to the poor rate, and in the case
of a holding of which the half rent is rated means the actual
occupier although not liable to be rated.
(a) REGULATION 2L. This Keg. as amended and applying to Ireland is
printed under 1, p. 381.
398 Declaration excepting certain classes of Holdings in Ireland from
Regulation 2p of the Defence of the Realm Regulations.
(2) DECLARATION BY THE DEPARTMENT OF AGRICULTURE AND TECH-
NICAL INSTRUCTION FOR IRELAND, DATED FEBRUARY 21, 1917,
EXCEPTING CERTAIN CLASSES OF HOLDINGS FROM REGULATION
2p OF THE DEFENCE OF THE REALM REGULATIONS.
For the purposes of Regulation 2p, sub-section 3 (6), the
Department of Agriculture and Technical Instruction for
Ireland hereby declare that the cultivation of the under-
mentioned classes of holding, to wit,
1. Paddocks in or near towns:
(a) Accommodation paddocks, if regularly used for
the accommodation of stock going to auctions, fairs,
markets, or for shipping, or for stock held over from
auctions, fairs, markets or shipping;
(b) Butchers' paddocks;
2. Town dairymen's grass lands in the vicinity of towns or
cities, whether owned or taken on the eleven months*
system, which were used in 1916, and are to be used
in 1917, solely as grazing for milch cows required
for the milk supply of towns and cities of a popula-
tion of over 10,000;
3. Bleach greens, if used as such in 1916;
would be of less service for the production of food than the
use of the afore-mentioned classes of holding in the manner in
which same are being used or proposed to be used.
In witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto set their
official seal this twenty-first day of February, 1917.
(L.S.) T. P. Gill.
Summary of Memoranda as to Compulsory Tillage in Ireland. 399
(3) COMPULSORY TILLAGE. SUMMARY OF MEMORANDA OF THE
DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION
FOR IRELAND.
[Sections I-V of this Summary formed u Provision 5 " of the Memo-
randum entitled "Food Production, 1917," the other portions of
which are printed at pp. 383-392 as Section 1 (2) of this Part
of this Manual.]
I. General.
Owing to the extreme gravity of the need the Government have
decided by Regulation under the Defence of the Realm Act to
enforce the cultivation of the land up to a certain minimum in
cases where, through neglect or otherwise, this minimum may
not be secured.
Regulation 2p (printed pp.396, 397 in its present (Oct. 21, 1917)
amended form) which was first added to the Defence of the
Realm Code by Order in Council of January 10th, 1917 (Statu-
tory Rules and Orders, 1917, No. 5) requires that all occupiers
of ten acres or more of arable land must cultivate in 1917 one-
tenth of such land in addition to whatever amount they cultivated
last year, subject to the proviso that 110 one is to be obliged by
law to till more than 50 per cent, of the arable part of his
holding.
Land under first and second year's ryegrass(a) will be held to
be cultivated; and thus land laid down in 1914 or 1915 will
count as part of the 1916 quantum of tillage, and that laid down
in 1915 or 1916 will count as part of the 1917 quantum, but no
other land under grass will so count. Orchards will be regarded
as cultivated.
Land let under the eleven months' system comes under the
Regulation, and the rated occupier will be required either to
break up the 10 per cent, himself or arrange to have it done by
a conacre letting or otherwise.
The Regulation (see subsection (5), p. 396) takes effect not-
withstanding any covenant, agreement, condition or provision
as to the user of the holding, and no such covenant, etc., shall
operate so as to penalise, impede or interfere with the cultivation
required by the Regulation.
If an occupier is through any cause unable to till the requisite
10 per cent, of his land himself, he can let it for tillage in
conacre, and cultivation by any person under a conacre letting(b)
made by the occupier shall be deemed to be cultivation by the
occupier (see subsection (4), p. 396).
(a) LAND UN PER FIRST AND SECOND YEAR'S RYEORASS That is, land laid
down in grass and clover seeds or grass seeds for first or second year's hay or
pasture.
(b) CONACRE LETTING. See footnote (a) to the Corn Production Act, 1917,
s. 18 (2) (c), p. 226.
Summary of Memoranda as to Compulsory Tillage in Ireland.
For the purpose of the regulation " arable " means cultivated
or capable of being cultivated, and " occupier " means the person
rated or liable to be rated to the Poor Rate, and in the case of
a holding of which the half rent is rated, means the actual
occupier, although not liable to be rated (see subsection (10),
p. 397); "holding" means the total arable land held by the
occupier (see subsection (1), p. 396).
When it appears to the Department that the occupier has not,
before the 25th March, 1917, taken the necessary steps to comply
with the requirements of Regulation 2p, they may, without his
consent, enter upon the land and cultivate it or arrange for its
cultivation by any person, either under contract by tenancy or
otherwise. (See Reg. 2L (1) (6), p. 381.)
These are the main operative provisions.
The Regulation (see subsection (3), p. 396) does not apply to
any holding of less than 10 acres in extent; and power to
exempt from its operations has been given to the Department
in the case of any holding or class of holdings as to which not
later than the 25th March, 1917, it shall be declared in writing by
them that the cultivation of the holding or class of holdings
would be of less service for the production of food than the use
of the holding or class of holdings in some other manner in
which the same is being used or is proposed to be used.
II. Exemptions.
The onus of proof that land should be exempted lies on the
rated occupier, and he will not be relieved of the obligation to
cultivate simply by the fact that he has made an application for
exemption.
The Department considered very carefully, in consultation with
the Advisory Committee, the classes of holdings to which this
power of exemption should properly be applied.
On February 21st, 1917, the Department issued a Declaration
(printed as (2), p. 398) that the classes of holdings therein
specified may be exempted.
III. Non-exempted.
Various queries that have been received by the Department
make it desirable to state that the following will not be exempted
from the operation of the Regulation :
Race-courses, save as regards the tracks; golf links; building
lands; demesnes, save where timber would interfere with the
cultivation or harvesting of crops.
IV. Non-arable Land. [See Keg. 2p (10), p. 397.]
It has been decided that the following shall be regarded as
non-arable land : Rough mountain grazing, unreclaimed bog,
sand dunes, land regularly subject to flooding, and land under
timber or newly planted for forestry purposes or where timber,
other than hedgerow timber, would interfere with the harvesting
or cultivation of crops.
Summary of Memoranda as to Compulsory Tillage in Ireland. 401
V. Aggregation of Lands or Farms.
An occupier of two or more farms may count the total area of
land held by him as if it were one farm, and the required amount
of tillage should in such a case be calculated as 10 per cent, of
the arable portion of the total. Furthermore, it is permissible
for him to carry out the requisite 10 per cent, on one of his
farms; or to spread the amount over his farms, as may suit him.
[Sections VI X of this Summary formed Memorandum T 13 of the
Department.]
VI. Interpretation of sub-section 2 of Regulation 2p.
Sub-section (2) is printed at p. 396.
The additional area to be cultivated in 1917 under the Regula-
tion is calculated upon the total area of the arable land comprised
in the holding and not upon ihe total area less the acreage culti-
vated in 1916.
Thus, a person holding, say, 100 acres of arable land, who
in 1916 cultivated 20 acres out of his 100 acres of arable land
is required to cultivate in 1917 30 acres not 28 acres.
VII. Cases where Part of a Holding has been Exempted from
Regulation 2p.
The Department wish it to be known that in such cases the
acreage to which the Regulation applies is the arable land
comprised in the residue of the holding. Thus, for example, a
person occupying 100 acres of arable land of which 40 acres are
exempted as town dairymen's grass lands, would for the purposes
of the Regulation be regarded as occupying not more than 60
acres of arable land. If the residue does not amount to 10 statute
acres or over the occupier does not, of course, come under the
Regulation.
VIII. Interpretation of the Exemption in respect of lands
Grazed by Town Dairymen s Cows.
It must be clearly understood that the exemption applies only
to land used in 1916, and again to be used in 1917, solely for the
grazing of town dairymen's milch cows the milk of which is to
be supplied to towns or cities having a population above 10,000.
Lands used in 1916 for the grazing of stock other than town
dairymen's milch cows are not exempted, even though it is pro-
posed to use them in 1917 solely for the grazing of town dairy-
men's milch cows.
402 Summary of Memoranda as to Compulsory Tillage in Ireland.
IX. How Land now under Winter Cereals should be counted
under Regulation 2p.
The Department wish it to be understood that the putting in
of wheat, oats or cereals prior to 1st January, 1917, will not be
regarded as cultivation in 1916, but as cultivation in 1917, i.e., in
the year in which those crops are to be harvested.
X. How Land under a First or Second Year's Crop of Ryegrass-
is to be counted under Regulation 2p.
Sub-section (4) Of the Regulation (p. 396) means that land
sown down in 1914 or 1915 with grass and clover seeds or grass
seeds and either cut for hay or grazed in 1916 will be deemed to
be cultivated in 1916. Similarly, in arriving at the requisite
area of cultivation in 1917, land sown down in 1915 or in 1916
with grass and clover seeds or grass seeds, and either to be cut
for hay or grazed in 1917 will be deemed to be cultivated in 1917,
[Section XI of this Summary formed part of Memorandum T 17 of
the Department.]
XI. Applications for Exemptions.
A large number of applications for the exemption of holdings
from the requirements of Regulation 2r (pp. -396, 397) have been
received by the Department. As it is not possible to deal
individually with all these applications at once, the Department
desire to direct the attention of applicants to the following
considerations :
The only holdings to which Regulation 2p does not apply are as
follows :
(a) Farms comprising less than ten acres of arable land ; or
(b) Any holding or class of holdings which the Department
may have exempted in writing.
The classes of holdings which the Department have
declared to be exempt are those specified in the
Department's Declaration of February 21st, 1917
(p. 398).
The onus of proof that land should be exempted lies on the
occupier, and he will not be relieved of the obligation to cultivate
simply by the fact that he has made an application for exemption.
Applicants occupying ten acres or more of arable land which
do not clearly come within the classes of holdings declared to
be exempted are advised not to defer making arrangements for
the cultivation of the requisite portions of their holdings pending
the Department's decision on their applications.
The Department cannot undertake to have holdings inspected
with a view to advising the occupiers
(1) as to whether the holdings or portions thereof should be-
exempted; or
(2) as to the area of arable land comprised therein.
Summary of Memoranda as to Compulsory Tillage in Ireland. 40,>
[Sections XII and XIII of this Summary formed a separate Memorandum
of the Department.]
XII. Amendment on February Qth, 1917, of Regulation 2p.
By Order in Council of that date (Statutory Rules and Orders,
1917, No. 127) sub-sections (7), (8) and (9) were added to
Regulation 2p which as so amended is printed pp. 396, 397.
Sub-section (7) (p. 397) fixes the latest date (February 28th,
1917) for making applications for declarations under sub-section
<3) of Regulation 2p.
Sub-section (9) (p. 397) makes it obligatory on an occupier
to furnish the Department with such particulars as regards his
holding as they may require for the purposes of Regulation 2p.
Sub-section (8) (p. 397) is the most important of the three.
It fixes the period at which the Department may enter upon
the lands of any occupier who may appear to them not to
intend to fulfil the requirements of the Regulation as at any
time after February 28th, 1917. It gives the Department powers
from that date to enter on the holding and cultivate the entire
holding or any part of it, or arrange for its cultivation by any
person in such manner and upon such term and conditions as
the Department may direct, and it enables the Department to
exercise as respects the holding all or any of the powers given
to the Department by Regulation 2L, which include, inter alia, 2L
(4) (p. 382), which empowers the Department, with respect to any
land, to authorise any local authority to exercise, on behalf of
the Department, any of the powers of the Department under
Regulation 2L.
XIII. Enforcement of Regulation 2p.
The Advisory Committee on Food Production at their meeting
on February 7th considered carefully with the Department the
question of the use of the powers conferred by sub-section (8) of
Regulation 2p in the case of any occupiers who, by February
28th, might not be complying with the regulation, and the
conclusion come to was that the Department should act with
vigour in exercising these as well as the other powers of the
Regulations, and that they should be prepared, according to
the circumstances, to enter upon the holding and arrange for
the necessary cultivation by means of conacre lettings,(a) or
through their agents, or otherwise, while in certain cases in
which it might seem to them advisable they should be prepared
to consider delegating the power of dealing with the cultivation
of the holding, in any or all of these ways, to a local authority.
(a) CONACRE LETTINGS. See footnote (a) to the Corn Production Act,
1917, s. 18 (2) (c), p. 226.
404
Prevention
of injury by
birds, hares,
rabbits, ver-
min or pests
to crops,
trees, &c. ;
securing
migratory
birds for
food supply.
Regulation 2n of the Defence of the Realm Regulations as
amended and applying to Ireland.
5. Destruction of Birds, Hares, Rabbits, Vermin
and Pests.
REGULATION SR OF THE DEFENCE OF THE REALM REGULATIONS AS
AMENDED SO FAB, AS IT APPLIES TO IRELAND. (a)
2 B . (1) The Department of Agriculture and Technical In-
struction for Ireland may, with a view to preventing or reducing
injury to crops or trees, or wastage of pasturage by birds hares or
rabbits or by vermin or pests, or to securing for the food supply of
the country any migratory kind of wild bird,
(a) take or authorise such action as, in the opinion of the
Department, may be necessary for such purpose, or
delegate to any body the powers conferred by this
paragraph as respects any locality;
(b) provide for the manner in which birds or hares or rabbits.
killed in pursuance of the action so taken may be dis-
posed of ;
(c) by order, authorise the killing and taking, the sale and
purchase, and the possession, of any birds or hares
or rabbits at any time when the killing and taking^
the sale and purchase, or the possession thereof would
otherwise be unlawful. (b)
(2) A person authorised or directed to kill or dispose of birds or
hares or rabbits under this regulation shall not be required to
obtain for such purpose a licence to kill game, and shall have
the same power of selling game killed by him or by the persons,
authorised by him as if he had a licence to kill game(c) ;
Provided that nothing in this regulation shall exempt any
person from the provisions of the Gun Licence Act, 1870. (d)
(a) ORDEHS UNDER REG. 2n. No Order has (Oct. 21, 191V ) been made by
the Department of Agriculture and Technical Instruction for Ireland under
Regulation 2n.
(b) CLOSE TIME FOR BIRDS AND HARES. The close time for pheasants,,
partridges, grouse and black game is fixed by the Game Acts, and is not under
those Acts alterable by Statutory Order. The close time for hares in Ireland is
fixed by the Hares Preservation (Ireland) Act, 1879, and Orders of the Lord
Lieutenant thereunder varying the time all of which are published in the
"Dublin Gazette." For rabbits there is no close time. The close time for
woodcock, snipe, quail, landrail and wild duck, widgeon and teal and other wild
birds depends on Orders of the Lord Lieutenant under the Wild Birds
Protection Acts of 1880 (43 & 44 Viet. c. 35), 18*1 (44 & 45 Viet, c. 51), 1894
(57 & 58 Yict. c. 24), and 1896 (59 & 60 Viet. c. 56). Under these Acts the
Lord Lieutenant has made Orders for many of the Irish counties, all of which
are printed in the " Dublin Gazette." A list of the Orders made each year is
printed in the Classified List of Local Orders at the end of each year's annual
volumes of Statutory Rules and Orders.
The local authorities under the Acts are in county boroughs the borough councils
and elsewhere the county councils. He* ss. 4 (1), 21 of the Local Government
(Ireland) Act, 1898 (61 & 62 Viet. c. 37) and ss. 8, 9 of the Wild Birds-
Protection Act 1880.
There are three further Wild Birds Protection Acts, riz. of :
1902 (2 Edw. 7 c. 6) relating to the forfeiture of birds or eggs in respect of
which an offence has been committed ;
1904 (4 Edw. 7 c. 4) prohibiting the setting of certain springs traps and
gins ; and
1908 (8 Edw. 7 c. 11) prohibiting the taking of wild birds by hooks.
(c) LICENCE TO KILL GAME. Such a licence authorises the selling of game
killed under it without any further licence.
(d) GUN LICENCE ACT, 33 & 34 Viet. c. 57. This Act makes an excise
licence to use or carry a gun obligatory.
Regulation 2s of the Defence of the Ecalw Regulations applying
to Ireland.
6. Destruction of Stray Dogs.
REGULATION 2s OF THE DEFENCE OF THE REALM REGULATIONS.
2 s . (1) Where a dog has been seized as a stray dog by a police Destructioa
constable under the Dogs Act, 1906, it may be destroyed under that of stray
Act at any time after the expiration of three clear days from the
time of seizure, unless in the meantime the owner of the dog has
claimed the dog, and produced his licence in respect of the dog or
proved that the dog is not one in respect of which a licence is
required, and paid all expenses incurred by reason of its deten-
tion ; and a notice served under sub-section (2) of section three of
the Dogs Act, 1906, on the owner of the dog which contains a
statement to this effect shall be a sufficient compliance with that
sub-section .
(2) Any person who takes possession of a stray dog shall, unless
he immediately returns the dog to its owner, forthwith hand the
dog over to a police constable; and if he fails to do so, shall be
guilty of a summary offence against these regulations ; and a dog
so handed over to a police constable shall thereupon be treated
as a dog seized by him as a stray dog under the Dogs Act,
1906. (a)
(a) DOGS ACT, 1906 (6 EDW. 7. c. 32). Under that Act a stray dog seized
by the police thereunder could not be destroyed until the expiration of 7 days
from the service of notice on the dog's owner.
The Dogs (Ireland) Order of 1906 (St. R. & 0., 1906, No. 858), empowers
local authorities to make regulations as to wearing by dogs of collars : a dog in
respect of which such regulations are contravened may be seized and dealt with
as a stray dog.
Restriction
on exporta-
tion of
horses from
Ireland.
Regulation 2T of the Defence of the Realm Regulations as
applying to Ireland and Order thereunder.
7. Exportation of Horses.
(1) REGULATION 2T OF THE DEFENCE OF THE REALM REGULATIONS
SO FAR AS IT APPLIES TO IRELAND.
2 T . [Subsections (1) (5), ivhich have no application to Ireland,
are omitted from this reprint.]
(6) The Department of Agriculture and Technical Instruction
for Ireland may, for the purpose of maintaining in Ireland a
stock of horses sufficient for the cultivation of the land, by order
prohibit or restrict the exportation of horses from Ireland, and
any person who contravenes or fails to comply with the provisions
of any such order shall be guilty of a summary offence against
these regulations.
(2) THE HORSES (PROHIBITION OF EXPORTATION FROM IRELAND)
ORDER, 1917, DATED JULY 14, 1917, MADE BY THE DEPART-
MENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND UNDER REGULATION 2T OF THE DEFENCE OF THE
REALM REGULATIONS.
1917. No. 738.
In exercise of the powers conferred upon them by Regulation
2T of the Defence of the Realm Regulations, and for the purpose
of maintaining in Ireland a stock of horses sufficient for the
cultivation of the land, the Department of Agriculture and
Technical Instruction for Ireland hereby order as follows :
Prohibition of Exportation.
1. On and after the twenty-first day of July, nineteen hundred
and seventeen, no horse shall be exported from Ireland, or be
caused or permitted by its owner, or his agent, or by the person
in charge of the horse, or by the owner or the master of any
vessel, to be so exported, or to be placed on board a vessel for
the purpose of exportation.
Exceptions.
2. The prohibition in Article 1 of this Order shall not apply to
(a) Any horse shipped under military authorisation, whether
attached to a military unit or otherwise ; or
(6) Any horse the exportation of which is authorised by a
licence granted by the Department of Agriculture and
Technical Instruction for Ireland, or by an officer
authorised in that behalf by the Department, provided
the terms of such licence are duly complied with.
Licences.
3. A licence granted under Article 2 (b) of this Order shall' be
subject to the conditions and limitations specified therein, and
shall be void if the person holding it fails to comply .with any
requirement or to observe any condition thereof.
In witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto set their
Official Seal this fourteenth day of July, nineteen hundred
and seventeen.
(L.S.) J.V.Coyle,
On behalf of the Secretary.
NAVAL AND MILITARY DEPARTMENTS. 407
PART VIII.
FOOD POWERS OF ADMIRALTY, ARMY
COUNCIL, AND MINISTER OF
MUNITIONS.
EDITORIAL NOTE.
Regulations 2B, 2u, 7, 8c and 8cc of the Defence of the Realm
Regulations (printed pp. 5, 6, 13, 14 above) confer on the
Admiralty, the Army Council and the Minister of Munitions
powers which, so far as regards articles of food supply, are
concurrent with those of the Food Controller under the same
Regulations.
As regards " food," no Orders have been made by the said
three Departments under the provisions of the said five Regula-
tions, with the exception of an Admiralty Order of October 6th,
1917 (Lond. Gaz., Oct. 9 : 1917, p. 10406) prohibiting the buying,
selling, removal or dealing in Rum lying in bonded warehouses
which was rescinded (with certain savings) by Admiraltv Notice
of November 21st, 1917 (Lond. Gaz., Nov. 23, 1917, p". 12152)
issued whilst this Manual was in the press.
But Orders have been made by the Army Council and the
Minister of Munitions as to Oils and Fats, Hay and Straw, Flax,,
Wool, Hides, Manures, and Agricultural Machines and Imple-
ments. Dealings in Oils and Fats are regulated by Orders of
the Minister of Munitions, but their administration in connection
with the maintenance of food supply has been transferred to the
Food Controller, who has subsequently to October 21st, the date
covered by Part II. of this Manual, made Orders as to such
substances. Such Orders will be found in the new Editions of
Part II. (referred to in Section II. 3 of the Introductory Note to
this Manual) of which the first one, covering to January 31st,
1918, is now in the press.
The Orders relating to these and other Agricultural matters,
though outside the immediate purposes of this Manual, are con-
nected with Food Production and the Increase of Cultivation : it
has been therefore considered convenient to give an epitome of
them in Appendix VI.
Regulation 15c of the Defence of the Realm Regulations em-
powers the Admiralty, the Army Council or the Minister of
Munitions to, by Order, require particulars of various businesses
including those connected with food. As regards food, those
408 Food Powers of Admiralty, Army Council, and Minuter of
Munitions.
three Departments have made no Orders under that Regulation.
As regards food, &c., Regulation 2a (p. 8) confers power on the
Food Controller to require returns giving particulars, and the
Orders made by him under this power are comprised in Part II
of this Manual, and in the periodically 'issued editions of that
Part above referred to.
All the Orders made by the Admiralty, the Army Council and
the Minister of Munitions as to war material forage and stores
of any description, or articles required for or in connection with
the production thereof will be printed in the " War Material
Supplies Manual" (of which the 1st Edition covering to
January 31st, 1918, is now in the press), together with the above-
mentioned and all other of the Defence of the Realm Regulations
empowering such Orders, and an alphabetical Table of all articles
so subjected to control.
Regulation 30D which prohibits the use of grain, sugar, &c., for
the manufacture of whiskey or other alcoholic spirits provides
that
" No person shall without a permit issued under the
authority of the Minister of Munitions, use or permit to be
used any grain, either malted or unmalted, rice, sugar, or
molasses, or any other material which may for the time being
be specified in an order issued by the Minister of Munitions,
in or for the manufacture or production of whiskey or any
other alcoholic spirits, and if any person acts in contraven-
tion of this provision, or fails to comply with any condition
subject to which a permit under this regulation has been
granted, he shall be guilty of an offence against these
regulations."
. No Order has (October 21st, 1917) been made by the Minister
of Munitions extending the prohibition to other materials used
in the production of spirits.
GENERAL
FART IX.
TRIAL AND PUNISHMENT OF OFFENCES
AS TO FOOD SUPPLY OR PRODUC-
TION UNDER THE DEFENCE OF THE
REALM REGULATIONS.
INTRODUCTORY NOTE TO PART IX.
Contraventions of the Defence of the Realm Regulations, and
4)t Departmental Orders thereunder, are triable in one of three
modes, viz. :
1. By Court-martial ;
2. By a Civil Court with a Jury ;
3. By a Court of Summary Jurisdiction;
and Regulation 56 (p. 411) provides which of these three classes of
tribunals is to be the court for trial of each class of offences.
Contravention of most of the Regulations relating to Food
Supply and Production (and of Orders under the same) are
thereby declared to be " Summary Offences," and- a "summary
offence " by a person not subject to the Naval Discipline Act
or to military law is triable only by a Court of Summary
Jurisdiction.
Cases of alleged contraventions which are not so declared to
be summary offences are referred to th.3 Competent Naval or
Military Authority (or in the case of a " press " or " munitions "
offence, to the Director of Public Prosecutions), who decides first
whether it is to be proceeded with, and secondly whether it is
to be tried by a court of summary jurisdiction or by a tribunal
of the other two classes.
The vast majority of prosecutions for contraventions of Food
Regulations and Orders are therefore before Courts of Summary
Jurisdiction, and it has been considered that convenience would
ensue from those Defence of the Realm Regulations which form
Ihe " Trial and Punishment " Part of this Manual being grouped
as follows :
1. Trial and Punishment by Courts of Summary Jurisdiction
(the majority of cases) (p. 410).
2. Trial and Punishment by a Civil Court with a Jury (more
serious offences by British subjects claiming a jury, or in special
cases of others) (p. 419).
3. Trial and Punishment by Courts-Martial (offences by
members of H.M,.'s forces, other British subjects not claiming a
jury, and aliens) (p. 425).
4. Miscellaneous Provisions as to Offences (p. 429).
The object of such grouping is to sever from the provisions
relating to " Summary Offences " and those Triable Summarily,
the provisions relating solely to Trial by Jury or by Courts-
Martial.
Under this plan only sections 1 (Trial and Punishment by Courts of
Summary Jurisdiction) and 4 (Miscellaneous Provisions as to Offences)
of this Part of the Manual affect or need be referred to by those concerned
with prosecutions before Courts of Summary Jurisdiction.
ALEXANDER PULLING.
Editorial Note as to Courts of Summary Jurisdiction.
1. Trial and Punishment by Courts of Summary
Jurisdiction.
(1) Court for Trial of Offences, I (3) Punishment ; Venue ; Ap-
p. 410.
(2) Restriction on Prosecutions
in England and Ireland
without consent of Attorneij-
General) p. 414.
peals ; Hearing in Camera ;
p. 416.
(4) Special Provisions as to
" Press " and " Munitions "
O/ences 9 p.
(1) Court for Trial of Offences.
(i) Editorial Note as to Courts of \ (ii) Regulation 56 (l)-(o) as to
Summary Jurisdiction, p. 4*10.
Court for Trial of Offence*.
p. 411.
(i) EDITORIAL NOTE AS TO COURTS OF SUMMARY JURISDICTION.
A. COURTS or SUMMARY JURISDICTION IN ENGLAND AND WALES.
These are in the City of London, the Lord Mayor or an Alder-
man (all the Aldermen being justices by virtue of a charter of
15 Geo. II) sitting at the Mansion House or Guildhall; in the
Metropolitan Police Court Divisions (which together comprise
the whole of the administrative county of London except the city
and part of Hampstead) the Metropolitan Police Courts ; in some
20 boroughs and places Stipendiary Magistrates Courts; and
elsewhere Courts of Petty Sessions consisting of two or more
justices (see s. 20 of the Summary Jurisdiction Act, 18T9 (42 &
43 Viet. c. 49).)
There are now 14 Metropolitan Police Courts one for each of
the police court divisions, the boundaries of which are defined
by Orders in Council specified at p. 505 of " The Index to Statu-
tory Powers and Rules and Orders in Force, December 31, 1915."
The boroughs and areas for which there are Stipendiary Magis-
trates are Birmingham, Bradford, Cardiff, Chatham and Sheer-
ness, East Ham, Grimsby, Leeds, Liverpool, Manchester city,
Merthyr Tydfil, Middlesbrough, Pontypridd, Salford, Sheffield,
South Staffordshire District (Wolverhampton, West Bromwich,
&c.), Staffordshire Potteries (Stoke-upon-Trent, &c.), and West
Ham.
There is a Petty Sessional Court for each of the 250 boroughs
having a separate commission of the peace, and for each of the
736 petty sessional divisions into which counties are divided for
this purpose. The total number of summary jurisdiction courts
is therefore just over 1,000.
The county justices have concurrent jurisdiction within (i) the
Metropolitan Police Court Divisions, and (ii) 172 of the Boroughs
having separate commissions. But as regards (i) they take no
criminal business except Weights and Measures, Bread, and Snle
of Food and Drugs summonses (and these only at a few of the
London petty sessional courts), and as regards (ii) they do not
in practice act, or only occasionally.
Cases triable by Courts of Summary Jurisdiction.
For a borough not having a separate commission the only petty
sessions is the county one, see Huntingdon Corporation v. Hunt-
ingdon County Council (Law-Rep. [1901] 2 K.B., p. 257).
Statements of the parishes within each court area as constituted
in April. 1913, are given in the " List of Courts of Summary
Jurisdiction in England and Wales," published by H.M.
Stationery Office.
13. COURTS OF SUMMARY JURISDICTION IN SCOTLAND. These are
the Sheriff Courts (see Regulation 58, p. 416). Each Sheriff dom
is either a county or a union of counties (see ss. 210, 12 of the
Sheriff Courts (Scotland) Act, 1870 (33 & 34 Viet,, c. 86) )^ There
is a Sheriff Court for each sheriffdom, or for each district into
which a sheriffdom is for such purposes divided.
References to the Orders of the Secretary for Scotland as to
such courts are given at p. 726 of " The Index to Statutory
Powders ajid Rules and Orders in Force, December 31, 1915,"
and a list of the Sheriff Courts showing what parishes are com-
prised in each district forms Division IV., pp. 677-706 of the
Scottish Law List, 19.17.
C. COURTS OF SUMMARY JURISDICTION IN IRELAND. In Ireland
a court of summary jurisdiction for the purpose of hearing and
determining complaints consists in the Dublin Metropolitan
Police Court District of a Divisional Justice or elsewhere of a
Justice or Justices sitting in petty sessions or in certain cases two
Justices sitting out of petty sessions.
Each county in Ireland is divided into petty session districts
for each of which there is a Petty Session Court. Resident
Magistrates have the powers of a justice of the peace.
(ii) So MUCH OF REGULATION 56 OF THE DEFENCE OF THE REALM
REGULATIONS AS PROVIDES AS TO WHEN AN ALLEGED OFFENCE
SHALL BE TRIED BY A COURT OF SUMMARY JURISDICTION.
[The portions relating to persons subject to the Naval Discipline Act or to
Military Law are hereunder printed in italics.]
56. (1) Except as otherwise provided by this regulation, a Courts for
person alleged to be guilty of an offence against these regulations trial of
may be tried either by court-martial, (a) or by a civil court with offenoe -
a jury,(b) or by a court of summary jurisdiction. (c)
(2) Where a person is alleged to be guilty of an offence which Court for
is by these regulations declared to be a summary offence he may, trial of
" summary
offences."
(a) TRIAL BY COURT-MARTIAL. The provisions thereto relating are
printed tinder 3, p. 425.
(b) TRIAL BY CIVIL COURT WITH A JURY. The provisions thereto
relating are printed under 2, p. 419.
(c) COURT OF SUMMARY JURISDICTION. i e., in Scotland by the sheriff
court, we Reg. 58, printed under (3), p. 416.
412
Investiga-
tion of case
other than of
"" summary
offence."
Release of
alleged
offender
where case
not pro
ceeded with.
Court for
trial of
offence
suitable for
-summary
trial.
Cases triable by Courts of Summary Jurisdiction.
if not subject to the Naval Discipline Act or to military law(ei)
be tried by a court of summary jurisdiction and not otherwise,
and if he is so subject he may be so tried or may be dealt with as
for an offence against the Naval Discipline Act or military
law(&>) as the competent naval or military authority (to) may
decide.
(3) Where a person is alleged to be guilty of an offence other
than an offence declared by these regulations to be a summary
offence, the case shall be referred to the competent naval or
military authority(b) who shall forthwith investigate the case(c)
and determine whether or not the case is to be proceeded with,
and if it is to be proceeded with, whether or not it is an offence
of such a character that it can adequately be dealt with by a
court of summary jurisdiction.
(4) If it is determined that the case is not to be proceeded
with, the alleged offender, if in custody, shall (unless he is
detained on some other charge) forthwith be released.
(5) If it is determined that the case is to be proceeded with,
but that the offence is of such a character as aforesaid, the
offender may, if he is not subject to the Naval Discipline Act or
to military law,(^) be tried by a court of summary jurisdiction
and not otherwise, and may be so tried notwithstanding that the
offence was committed more than six months before the institu-
tion of the proceedings before the court, (d) and, if he is so
subject, may be so tried or may be dealt with as for an offence
against the Naval Discipline Act or 7nilitary law,(*>) as the
competent naval or military authority (b) may decide.
(a) PERSONS SUBJECT TO NAVAL DISCIPLINE ACT OR TO MILITARY LAW.
See " 3, Trial and Punishment by Court-Martial or under Naval or Military
Law," p. 425.
(b) COMPETENT NAVAL OR MILITARY AUTHORITY. Reg. 62 of the Defence
of the Realm Regulations provides as follows :
" The Admiralty or Army Council may appoint any commissioned officer
of His Majesty's Naval or Military Forces, not below the rank of lieu-
tenant-commander in the Navy or field officer in the Army, to be a com-
petent naval or military authority and may authorise any competent naval
or military authority thus appointed to delegate, either uncondition-
ally or subject to such conditions as he thinks fit, all or any of his powers
under these regulations to any officer qualified to be appointed a com-
petent naval or military authority, and an officer so appointed , or to whom
the powers of the competent naval or military authority are so delegated,
is in these regulations referred to as a competent naval or military
authority. Where the holder of a designated office has been appointed
to be a competent naval or military authority, or any powers of the com-
petent naval or military authority have been delegated to the holder of
a designated office, then, unless express provision is made to the contrary,
the appointment or delegation shall be deemed to extend, and shall be
deemed always to have extended, to the person for the time being per-
forming the duties of the office designated, if he is so qualified as
aforesaid."
In the Army Act the expression " competent military authority " has
a different meaning. In that Act it means the Army Council (see s. 101)
and certain high military authorities (see s. 87, &c.).
(c) INVESTIGATION OF "PRESS" OR "MUNITIONS" OFFENCE. This is
effected not by the competent naval or military authority but by the Director
of Public Prosecutions (in Scotland by the Lord Advocate, and in Ireland by
the Attorney-General for Ireland). See Reg. 56 (13) (14), printed under " (4)
Special provisions as to "Press" and " Munitions " Offences," p. 418.
(d) LIMITATION OF TIME FOR PROSECUTION. The effect of this provision
is to exclude the operation of s. 11 of the Summary Jurisdiction Act, 1848
(11 & 12 Yict. c. 43). See Haye v. Cole, 80 L.J.K.B. 1084 ; 115 L.T.R. 783 ;
Cases triable by Courts of Summary Jurisdiction.
[Note. Subsection (7) of Regulation 56 provides that if on
further investigation any case which after investigation by the
competent naval or military authority has been handed over to
the civil authority for the purposes of trial it appears to the
prosecution that that case is of such a character as can be
adequately dealt with by a court of summary jurisdiction it may,
if the Admiralty or Army Council consent, or in Scotland if
the Lord Advocate after consultation with the Admiralty or
Army Council so directs, be so dealt with.
Subsection 8 of Regulation 56 provides that the Notice which
under the subsection has to be given as soon as practicable after
his arrest to an alleged offender of the general nature of the
charge and of his rights to trial by jury need not be given if
the offence is either
(i) a " summary offence " ; or
(ii) it has been determined that the offence is one which
has been determined to be of such a character that it can
adequately be dealt with by a court of summary jurisdiction.
Subsections (6) (10) of Regulation 56 which, save as in this
Note stated appear to have no application to trial by Courts
of Summary Jurisdiction are printed (pp. 419, 420, 422) under
"2. Trial and Punishment by a Civil Court with a Jury/'
Editor.]
414 Restrictions on Prosecutions before Courts of Summary Jurisdiction
in England and Ireland.
(2) Restrictions on Prosecutions in England and Ireland
without consent of Attorney-General.
So MUCH OF REGULATION 56 (11) or THE DEFENCE OF THE REALM
REGULATIONS AS RELATES TO RESTRICTIONS ON PROSECUTIONS
BEFORE COURTS OF SUMMARY JURISDICTION.
56. (11) In England and Ireland offences against these
regulations shall not be prosecuted****(a) before a court of sum-
mary jurisdiction by any person, other than the competent naval
or military authority(b) or a person authorised by him', or an
officer of police, an officer of customs and excise, (c) an aliens
officer, (d) or a person authorised by the Government Department
concerned, (e) except with the consent of the Attorney-General for
England or Ireland, as the case may be. Where any of these
regulations enables any Government Department to apply by
order the regulation or any provision contained in or appended to
the regulation, or to make rules or orders, the Government Depart-
ment by whose order the regulation or provision is applied, or
by which the rules or orders are made, shall, for the purposes
of this provision, as respects offences against the regulation as
so applied, or offences by way of contravention or failure to
comply with the rules or orders, be the Government Department
concerned; and where the administration of any regulation is
(a) OMITTED WORDS. These relate to " 2. Trial and Punishment by a
Civil Court with a Jury," under which they are printed, p. 423.
(b) COMPETENT NAVAL OR MILITARY AUTHORITY. See footnote (b) to
Reg. 56 (3), p. 41
(c) OFFICER OF CUSTOMS AND EXCISE. The Department of Customs and
Excise was formed as from April 1, 1909, by the Excise Transfer Ordeiv
1909 (S. R. & 0., 1909, No. 197), which transferred the excise powers of
the Commissioners of Inland Revenue to the new Board, and thereupon all
persons employed by the Inland Revenue in excise duties became officers of
customs and excise.
(d) ALIENS OFFICER. Article 15 of the Aliens Restriction (Consolidation)
Order, 1914 (printed at p. 72 of " The Manual of Emergency Legisla-
tion "), is as follows:
" 15. (1) The following persons, that is to say
(a) any immigration officers appointed under the Aliens Act, 1905;
and
(6) any persons appointed for the purpose by a Secretary of State ;
shall be aliens officers for the purposes of this Order at the various ports in
the United Kingdom, and shall in the exercise of their powers act under
general or special instructions from the Secretary of State, and, subject
to such instructions, shall have power to enter on board any vessel, and to
detain and examine all persons arriving at or leaving any port in the
United Kingdom, and to require the production of any documents by such
persons, and generally to take such steps as are sanctioned by this Order
or as may be necessary for giving effect to this Order."
Article 15 of the Aliens Restriction Order (S. R. & O., 1916, No. 122),
reproduces ipsissimis verbis, Article 15 of the 1914 Order which it revoked.
Restrictions on Prosecutions before Courts of Summary Jurisdiction 415
in England and Ireland.
assigned by the regulation to any special department, that
Government Department shall, for the purposes of this provision,
as respects offences against that regulation, be the Government
Department concerned. (a)
..__
(a) GOVERMENT DEPARTMENT CONCERNED. In pursuance of this power
the Food Controller by Order dated May 8, 1917 (p. 192), authorised Local
Authorities in England and Wales to prosecute before courts of summary
jurisdiction offences occasioned by breaches of such of the Controller's Orders
as they are empowered to enforce. Lists of the Orders in question are printed
in Part III., pp. 190, 191. Since Part III. of this Manual was printed off, the
Controller's Order of May last and a Local Government Board Order of the
same date which empowered local authorities to enforce certain provisions of the
Controller's Orders were revoked as from December 31st, 1917. Under the
(January, 1918) existing system, of which an outline is given in section II. (4)
(Food Control Committees) of the Introductory Note at the commencement of
this Manual, the enforcement of all the Controller's Orders, made or hereafter
to be made, and as regards England, Wales and Ireland summary prosecutions
under the same, is in the hands of the food control committees. By a further
Order of June 11, 1917 (p. 193), the Food Controller authorised Inspectors
of Weights and Measures to prosecute offences occasioned by breaches of certain
of the Controller's Orders.
416
Punishment.
Venue.
Summoning
witnesses
not within
court's juris-
diction.
Right to
claim jury
excluded.
Appeals.
Punishment by Courts of Summary Jurisdiction; Venue; Witnesses;
Appeals; Hearing in Camera.
(3.) Punishment ; Venue ; Summoning: of Witnesses ;
Appeals ; Hearing- in Camera.
REGULATION 58 OF THE DEFENCE OF THE REALM REGULATIONS.
58. A person convicted of an offence against these regulations
by a court of summary jurisdiction shall be lia*ble to be sentenced
to imprisonment with or without hard labour for a term not
exceeding six months or to a fine not exceeding one hundred
pounds, or to both such imprisonment and fine, and the court
may, in addition to any other sentence which may be imposed,
order that any goods in respect of which the offence has been
committed shall be forfeited. (a)
For the purpose of the trial of a person for such an offence
the offence shall be deemed to have been committed either at
the place in which the same actually was committed, or at any
place in which the offender may be, and the Court in Scotland
shall be the sheriff court.
In Ireland for the purposes of such trial a summons may be
issued by a justice to a witness who is not within his jurisdiction
and any such summons may, in Ireland, be issued, served and
enforced in the same manner as a summons to a witness within
the jurisdiction of the issuing justice. (b)
Section seventeen of the Summary Jurisdiction Act, 1879, (o)
shall not apply to the charge of offences against these regulations.
Any person aggrieved by a conviction of a court of summary
jurisdiction under these regulations may appeal in England to a
court of quarter sessions, (d) and in Scotland under and in terms
(a) PAYMENT AND ALLOCATION OF FINES AND FEES IN SUMMARY PROCEED-
INGS. The enactments relating to these matters in England and Wales are
printed in Appendix VIII., p. 512.
(b) SUMMONING WITNESS NOT WITHIN COURT'S -JURISDICTION IN ENGLAND OR
SCOTLAND. S. 36 of the Summary Jurisdiction Act, 1879, provides for summons-
in England of a witness not within the courts jurisdiction ; and ss. 4, 8 of the
Summary Jurisdiction Act, 1881 (44 & 45 Viet. c. 24), provide for the issue of
summonses by English courts to witnesses in Scotland, and by Scottish courts to
witnesses in England.
(c) CLAIM TO TRIAL BY JURY. S. 17 of the Summary Jurisdiction Act, 1879,
(42 & 43 Viet. c. 49), which is excluded by this Regulation, gave a person charged
before a court of summary jurisdiction in England with an offence (other than
assault) punishable by more than 3 months' imprisonment the right to claim
trial by jury.
(d) ALTERNATIVE APPEAL IN ENGLAND BY SPECIAL CASE. Or he may
appeal to the High Court (i.e., to a Divisional Court of the King's Bench
Division) by special case on the ground that the conviction or order of the
court of summary jurisdiction is erroneous in point of law, or is in excess of
jurisdiction (42 & 43 Viet. c. 49, s. 33) ; but if he does so he thereby abandons,
his right of appeal to quarter sessions " finally and conclusively and to all intents
and purposes" (20 & 21 Viet. c. 43, s. 14).
It is only on appeals from a court of summary jurisdiction that quarter
sessions have jurisdiction as to offences under the Regulations. They have no
jurisdiction to try a felony thereunder, i.e., an offence triable by a civil court
with a jury. See Reg. 56A, printed under " 2- Trial and Punishment by a Civil
Court with a Jury," p. 424.
The decision of the High Court (i.e., the Divisional Court) on a special case
relating to a summary offence under the Defence of the Realm Regulations is
final and conclusive and there is no appeal therefrom (s. 47 of Judicature Act r
1873).
Punishment by Courts of Summary Jurisdiction; Venue; Witnesses; 417
Appeals; Hearing in Camera.
of the Summary Jurisdiction (Scotland) Acts, (a) and in Ireland
in manner provided by the Summary Jurisdiction (Ireland)
Acts.(b)
In addition and without prejudice to any powers which a court Hearing in
may possess to order the exclusion of the public from any proceed- -amerS,
ings, if, in the course of proceedings before a court of summary
jurisdiction against any person for an offence against these
regulations or the proceedings on appeal, application is made
by the prosecution, in the public interest, that all or any portion
of the public shall be excluded during any part of the hearing,
the court may make an order to that effect, but the passing of
sentence shall in any case take place in public.
(a) APPEALS IN SCOTLAND. Under the Acts referred to {viz. : the Summary
Jurisdiction (Scotland) Act, 1908 (8 Edw. 7. c. 65), which consolidated and
amended the previous Acts, and the Summary Jurisdiction (Scotland) Act, 1908,
Amendment Act, 1909 (9 Edw. 7. c. 28) ), the appeal is by stated case to the
High Court of Justiciary (from which there is no appeal) under ss. 60-76 of
the 1908 Act or by any other competent mode of appeal, see s. 76. There is no
appeal " on the merits " in any case.
As to Fees on Appeals, see Act of Adjournal of December 18, 1896, printed in
Statutory Rules and Orders Revised, 1904, at p. 22 of title "Justiciary, High
Court of, S." No fee is payable by an appellant in custody in respect of an
appeal against the amount of caution fixed or on account of refusal of liberation
by the sheriff court, see the Act of Adjournal of March 20, 1909, printed
Statutory Rules and Orders, 1912, p. 1466.
(b) APPEALS IN IRELAND. The expression, " Summary Jurisdiction (Ireland)
Acts " means so far as respects the Dublin Metropolitan Police District, the
Acts regulating the powers and duties of justices of the peace or of the police
of that district, and as respects any other part of Ireland, the Petty Sessions
(Ireland) Act, 1851 (14 & 15 Viet. c. 93) and any Act, past or future, amending
the same. (See Interp. Act, 1889 (52 & 53 Yict. c. 63), s. 13 (9).)
Under those Acts the appeal is to Quarter Sessions, and by special case on
point of law to the High Court, see 20 & 21 Viet. c. 43.
418
Investigation in case of " Press " or " Munitions " Offence.
Investiga-
tion of case
of " press "
or " muni-
tions "
offence.
Definition of
" press
offence."
Definition of
" munitions
offence."
(4.) Special Provisions as Press and Munitions Offences.
REGULATION 56 (13) (14) OF THE DEFENCE OF THE REALM
REGULATIONS REPRODUCED IN CONSOLIDATED FORM.
Where a person is alleged to be guilty .of an offence against
these regulations which
(i) appears to the Director of Public Prosecutions(a) in
England, the Lord Advocate in Scotland, or the
Attorney-General for Ireland in Ireland, to be a press
offence ; or
(ii) appears to the Minister of Munitions to be a munitions
offence ;
the case, instead of being referred to the competent naval or
military authority, shall be referred to the Director of Public
Prosecutions, (a) the Lord Advocate, or the Attorney-General for
Ireland, as the case may be, who shall investigate the case and
determine whether or not the case is to be proceeded with, and,
if it is to be proceeded with, whether it is to be tried by a court
of summary jurisdiction, or by a civil court with a jury, or,
subject to the rights of the offender if a British subject under the
Defence of the Realm (Amendment) Act, 1915, and to the consent
of. the Admiralty or Army Council, by court-martial.
For the purposes of this provision " press offence " means the
publication or attempted publication, or communication or
attempted communication for publication, in any newspaper or
other periodical, or any reprint of any part thereof, of any
information, report, or statement in contravention of the pro-
visions of these regulations, and where the person alleged to be
guilty of such an offence is also alleged to be guilty of any other
offence against these regulations in relation to the information
so published or communicated, or attempted to be so published or
communicated, such other offence shall also be treated as a press
offence. The decision of the Director of Public Prosecutions, (a)
the Lord Advocate, or the Attorney-General for Ireland, as to
whether an alleged offence is a press offence or is to be treated as
a press offence, shall be conclusive. (b)
For the purposes of this provision " munitions offence " means
an offence in contravention of any order made or any directions,
regulations, or restrictions given or issued by the Minister of
Munitions under these regulations, or an offence against these
regulations in respect of any matter within the scope of the
powers and duties for the time being assigned to the Minister
of Munitions, and the decision of the Minister of Munitions as
to whether an alleged offence is a munitions offence shall be
conclusive.
(a) DIRECTOR OF PUBLIC PROSECUTIONS.- The duties of this office are
regulated by 42 & 43 Viet. c. 22, 47 & 48 Yict. c. 58, and 8 Edw. 7. c. 3, which
last statute severed it from that of the Treasury Solicitor. See nlso the Regu-
lations respecting the duties of the Director of Public Prosecutions, dated
Jan. 25, 1886, and printed in Statutory Rules and Orders Rev., 1904, IV,
" Criminal Procedure, E.," pp. 9-11.
The powers of the Director under Regs,. 56 (13) (14), are exercisable, in the
Isle of Man by the Attorney-General of the Isle, in Guernsey, Sark, Herm and
Jethou, by the Law Officers of the Crown in Guernsey, and in Alderney by
H.M.'s Procurer.
(b) " PRESS OFFENCE." &> Fox v Spicer, Times Law Rep.. Vol. 33, p. 172.
Trial bij Jury. Not affecting Courts of Summary Jurisdiction. 4)9
2. Trial and Punishment by a Civil Court with a Jury.
(1) Court for Trial of Offences,
p. 419.
(2) Claim by British Subject to
Trial by Jury, p. 420.
(3) Custody of alleged Offender,
p. 422.
(4) Restriction on Prosecutions,
p. 423.
(5) Punishment ; Sentence o/
Death ; Exclusion of
Quarter Sessions Jurisdic-
tion ; Venue, p. 424.
(1) Court for Trial of Offences.
REGULATION 56 (l)-(T), (13), (14) OF THE DEFENCE OF THE REALM
REGULATIONS.
[Subsections (l)-(5), which relate, inter alia, to " summary
offences " and investigation and determination by the competent
naval or military authority as to whether a\ case is to be proceeded
with and if so 'whether it is one which can " adequately be dealt
with by a court of summary jurisdiction" are printed under
" 1. Trial and Punishment by Courts of Summary Jurisdiction "
{pp. 411, 412).
Subsections (13) (14), which relate to the like investigation and
determination by the Director of Public .Prosecutions, fyc., in
the case of a "press" or"' 1 munitions" offence are reproduced
in consolidated, form under the same heading (p. 418).]
56. (6) If it is determined that the case is to be proceeded
with and that the offence is not of such a character as aforesaid
[i.e., "of such a character that it aan- adequately be dealt with by
a court of summary jurisdiction " (see Reg. 56 (3) p. 412)] then
(a) if the offender is a British subject and is not a person
subject to the Naval Discipline Act or to military
law,(a) and he claims, in the manner hereinafter pro-
vided, to be tried by a civil court with a jury instead
of being tried by a court-martial, the case shall be
handed over, for the purposes of trial, to the civil
authority ;
(b) if the offender, being a British subject, does not makts
any such claim, or if the offender is not a British
subject or is person subject to the Naval Discipline
Act or to military law. (a} the competent naval or
military authority(b) shall, subject to any general
or special instructions given by the Admiralty or Army
Council, order the case to be tried by court-martial, or,
whore in pursuance of such instructions the case is not
to be tried by court-martial, shall order it to be handed
over, for purposes of trial, to the civil authority.
(7) Any case which is handed over to the civil authority may
be tried by a civil court with a jury :
Provided that if on further investigation it appears to the pro-
secution that a case so handed over to the civil authority is of
such a character as can be adequately dealt with by a court of
summary jurisdiction it may, if the Admiralty or Army Council
consent, or in Scotland if the Lord Advocate after consultation
with the Admiralty or Army Council so directs, be so dea.lt with.
(a) PERSONS SUBJECT TO NAVAL DISCIPLINE ACT OK TO MILITARY LAW.
See Introductory Note to " 3- Trial and Punishment by Courts Martial" p. 425.
(b) COMPETENT NAVAL OR MILITARY AUTHORITY See footnote (b) to
Reg. 56 (3), p. 41-2.
3167 2
420
Claim to Trial by Jury. Not affecting Courts of Summary
Jurisdiction.
Notice of
general
nature of
Charge and
right to
Claim Trial
by Jury.
Claim to
Trial by
Jury.
Meaning of
" British
subject."
(2) Claim by British subject to Trial by Jury.
REGULATION 56 (8) (9) (12) OF AND PARTS I., II. OF THE SCHEDULE
TO THE DEFENCE OF THE REALM REGULATIONS.
56. (8) For the purpose of enabling* such a claim as aforesaid
(i.e., a claim "in the manner hereinafter provided, to be tried
by a civil court with a jury instead of being tried by a court-
martial." See Reg. 56 (6) printed under (1) " Court for Trial
of Offences," p. 419) to be made, the competent naval or military
authority shall, as soon as practicable after his arrest, give to
the alleged offender notice in writing 1 , in the form set out in
Part I. of the Schedule to these regulations, of the general nature
of tho charge and of his right (if he is a British subject and
not a person subject to the Naval Discipline Act or to military
law(a) to claim to be tried by a civil court with a jury instead
of being tried by court-martial :
Provided that it shall not be necessary to give such a notice if
the offence is an offence which is by these regulations declared to
be a summary offence or it has been determined that the offence
is an offence of such a character that it can adequately be dealt
with by a court of summary jurisdiction.
(9) A person to whom such a notice ha& been given may if he
is a British subject and not a person subject to the Naval Discip-
line Act or to military law (a.) within six clear days from the
date when it was so given to him claim to be tried by a civil court
with a jury instead of being tried by court-martial by giving
notice in writing to that effect to the competent naval or military
authority in the form set out in. Part II. of the Schedule to
these regulations.
(12) For the purposes of this regulation the expression
" British subject " includes a woman who has married an alien
but who before the marriage was a British subject.(b)
(a) PERSONS SUBJECT TO NAVAL DISCIPLINE ACT OR MILITARY LAW.
See Note to " 3. Trial and Punishment by Courts-Martial," p. 425.
(b) BRITISH SUBJECT. Sub-section (12) is identical with s. 1 (8) of the
Defence of the Realm (Amdt.) Act, 1915 (5 Geo. 5. c. 34), printed p. 7 of the
Defence of the Realm Manual (May, 1917 Edition). For the purposes of the
British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo. 5. c. 17).
" British subject " means a person who is a natural-born British subject or a
person to whom a certificate of naturalization has been granted, see s. 27 ( 1 }
thereof.
Claim to Trial by Jury. Not affecting Courts of Summary 421
Jurisdiction.
SCHEDULE.
PAIIT I.
Form of Notice to He given to an Alleged Offender.
To (a) () Here
You are hereby informed that the general nature of the charge against you insert name of
is (6) al j e ^d
offender.
(6) Here state
If you are a British subject [or {in the cuxe of a woman who las married an general nature
alien) were before marriage to an alien a British subject] and are not. a person f the charge,
subject to the Naval Discipline Act or to military law you are entitled to claim
to be tried upon the same charge[s] by a civil court with a jury [or in Scotland
by the High Court of Justiciary] instead of by a court martial.
If you are entitled and wish to make such a claim you must sign the form
appended hereto and send it within six clear days from the receipt of this notice
to the competent naval or military authority at the address designated below.
Dated the day of 1917.
Signature
Competent Naval [or Military]
Authority.
Address (<)_ - ( c ) Here insert
address to
N.B. The competent naval or military authority should cause a record to be which the
made of the date when this notice is received by the alleged defender. claim is to be
sent.
PAKT II.
Form of Claim to be appended to the Notice in Part I.
To the competent naval or military authority at (a) ,-. Tne
I, . , am a British subject [was before my comment ^
marriage to an alien a British subject] and am not a person subject to the naval or
Naval Discipline Act or to military law, and I claim to be tried for the said military
offence by a civil court with a jury [or in Scotland by the High Court of authority
Justiciary] instead of by a court martial. should be here
inserted.
Signed
This claim may be sent by registered post, or if you are in custody by
delivering it to the person in whose custody you are.
The competent naval or military authority should cause a record to be made
of the date when the claim is given to him.
3
422
Custody of
alleged
offender.
Bail'of
alleged
offender.
Custody and Bail of Alleged Offender. Not affecting Courts of
Summary Jurisdiction.
(3) Custody and Bail of alleged Offender in England
and Ireland.
REGULATION 56 (10) OF AND PART III. OF THE SCHEDULE TO THE
DEFENCE OF THE REALM REGULATIONS.
56. (10) If the alleged offender is in custody he shall, if he is
to he tried hy court-martial, he kept in or handed over to mili-
tary custody, and, if he is to he tried otherwise than hy court-
martial, be kept in or handed over to civil custody, and if he is
to he tried hy a civil court with a jury, may in England and
Ireland without any warrant from a justice of the peace he de-
tained in any of His Majesty's prisons, as a person committed for
trial for felony, until thence delivered in due course of law, and
an order to that effect in the form set out in Part III. of the
Schedule to these regulations shall, if application is made for
the purpose, he made hy a competent naval or military authority.
Provided that the alleged offender so in custody may apply to
the competent naval or military authority, and if the competent
naval or military authority signifies in writing that in his opinion
the case is a proper one for bail,( a ) the alleged offender may apply
to a justice of the peace for hail, and such justice may, on such
application, admit him to hail in like manner as if he had been
committed by such justice for trial for a felony, and nothing in
this regulation shall affect any power of the High Court, or any
power of any court of summary jurisdiction, to admit
any person to bail. In Ireland the powers conferred by this
proviso on justices of the peace shall be exercisable by resident
magistrates and Dublin divisional justices only.
SCHEDULE.
PART III.
Form of Order for Detention in Prison of Alleged Offender.
To the Governor of His Majesty's Prison at
Whereas it has been determined in accordance with the Defence of the Realm
Regulations, Number 56, that A.B. suspected of having committed offences
against the said regulations and now in military custody shall be tried by a civil
court with a jury instead of by a court martial.
Now, I, the undersigned, being the competent [naval or military] authority
within the meaning of the said regulations, do hereby request and require you
to receive the said A.B. into His Majesty's prison aforesaid and therein to detain
him as a prisoner committed to the said prison for trial for felony, and produce
him, as and when required, for the purpose of his said trial by a civil court with
a jury, and until he be delivered from your custody in due course of law.
Dated the
day of
1917.
(SignedX
Competent Naval [or Military]
Authority.
BAIL. As to bail on arrest we Regulation 55, printed at p. 429.
Restriction on Prosecutions on Trial by Jury. Not affecting Courts 423
of Summary Jurisdiction.
(4) Restriction on Prosecutions in England and Ireland.
'So MUCH or REGULATION 56 (11) AS APPLIES TO PROSECUTIONS
BEFORE A ClVIL COURT WITH A JURY.
56. (11) In England and Ireland offences against these Consent of
regulations shall not be prosecuted before a civil court with a Attorney-
jury except by or with the consent of the Attorney-General for
England or Ireland, as the case may be. [The remainder of this
subsection relates solely to Courts of Summary Jurisdiction in
England and Ireland and is printed at p. 414.]
.ii6v
424
tyc., on Trial hi/ /?//// Not affecting Courts of
Summary Jurisdiction.
(5) Punishment ; Sentence of Death ; Exclusion of
Quarter Sessions Jurisdiction ; Venue.
Punishment. 56 A . Any offence tried by a civil court with, a jury shall be
deemed to be a felony, and on conviction of the offender he
shall be liable to such punishment as might have been inflicted
under Regulation 57 if the case had been tried by a general court-
martial. () Provided that a sentence of death shall not be imposed
unless the offender has pleaded guilty to committing the offence
with the intention of assisting the enemy, or the jury find that the
offence was committed with such intention.(b)
Where sentence of death is passed by such a civil court, the
court may order the sentence to be executed in any manner in
which a court-martial may order a sentence of death to be exe-
cuted. If the manner in which the sentence is to be executed
is by shooting, the court may direct that the offender be handed
over to the military authority, and in such case the sentence shall
be executed as if it had been passed by a court-martial, but in
England shall not be carried into execution until after such
time as is allowed by the Criminal Appeal Act, 1907, for giving
notice of appeal or notice of application for leave to appeal under
that Act, nor pending such appeal or application ; or in Scotland
until after such date as may be specified in the sentence. (o)
In England and Ireland a court of quarter sessions shall not
have jurisdiction to try such a felony.
Execution of
sentence of
death.
Exclusion of
jurisdiction
of Quarter
Sessions.
Trial by
High Court
of Justiciary.
Venue.
In Scotland the court having jurisdiction to try such a felony
shall be the High Court of Justiciary, (d)
For the purpose of the trial of a person for such a felony, the
offence shall be deemed to have been committed either at the
place in which the same actually was committed, or in any place
in the United Kingdom in which the offender may be found, or
to which he may be brought for the purpose of speedy trial.
(a) PUNISHMENT INFLICTABLE UNDEK REG. 57 BY COURT-MARTIAL. See
Regulation 57 printed under 3 (1) p. 425.
(to) APPEALS FROM CONVICTIONS. (i) From convictions under this Regula-
tion in England an appeal lies to the Court of Criminal Appeal on questions of
law, or with leave of that Court on questions of fact, or against the sentence
(Criminal Appeal Act, 1907, 7 Edw. 7. c. 23. s. 3). As to procedure, see the
Criminal Appeal Rules, 1908 (printed in Annual Volume of Statutory Rules
and Orders, 1908, pp. 239-291). If the Attorney-General certifies that the
decision of the House of Lords involves a point of law of exceptional public
importance, and that it is desirable in the public interest that a further appeal
should be brought, either the prosecutor or the defendant may appeal to the
House of Lords (7 Edw. 7 c. 23, s. 1 (6)).
(ii.) In Scotland there is no appeal from the High Court of Justiciary.
(iii.) In Ireland points of law may be reserved by special case for the Court
of Crown Cases Reserved (11-2 V. c. 78, ss. 1-4, 40-1, V. c. 57, ss. 50, 65).
(c) EXECUTION OF SENTENCE OF DEATH. See s. 2 of the Criminal Law
(Scotland) Act, 1830 (11 Geo. 4. and 1 Will. 4. c. 37) which specifies the periods
within which the sentence of death is to be carried into execution.
(d) HIGH COURT OF JUSTICIARY. -See footnote (b) (ii) above.
Trial by Courts-Martial. Provisions not affecting Courts of 425
Summary Jurisdiction.
3. Trial and Punishment by Courts-Martial.
Note. The provisions comprised in this section relate to trial
only of offences :
(i) by persons subject to Naval Discipline Act, or Military
Law ; or
(ii) not triable summarily if committed by
(a) Aliens or British subjects riot claiming trial by jury ;
(b) any person, British or not, in area where 5 Geo. 5,
c. 34 is suspended.
(1.) Court for Trial of Offences ; \ (2.) Trials by Courts-Martial
Punishment, p. 425.
when 5 Geo. 5. c. 34 is
suspended, p. 427.
(1.) Courts of Trial of Offences ; Punishment.
REGULATION 56 OF THE DEFENCE OF THE REALM REGULATIONS.
[Subsections (l)-(5), which relate, inter alia, to " summary
offences " and investigation and determination by the competent
naval or military authority as to whether a case is to be proceeded
with and if so 'whether it is one which can " adequately be dealt
with by a court of summary jurisdiction" are printed winder
l< 1. Trial and Punishment by Courts of Summary Jurisdiction "
(pp. 411, 412).
Subsections (13) (14), which relate to the like investigation and
determination by the Director of Public Prosecutions, fyc. } in
the case of a "press" or "munitions" offence are reproduced
in consolidated form under the same heading (p. 418).
Subsections (6)-(10) (12), which relate to the claim by a British
subject (not being subject to Naval Discipline Act or to
Military Law) to trial by jury, and to the determination of when
a case shall be handed over for trial to the civil authority, and
to custody and bail of alleged offenders are printed under " 2.
Trial and Punishment by a Civil Court with a Jury " (pp. 419,
420, 422).
Subsection (11) which applies only to certain cases triable
summarily, or with a jury, is reproduced pp. 414, 423.]
REGULATION 57 OF THE DEFENCE OF THE REALM REGULATIONS.
57. A person found guilty of an offence against these reguiu- Punishment,
tions by a court-martial shall be liable to .be sentenced to penal
servitude for life or any less punishment, or if the court finds
that 'the offence was committed with the intention of assisting
the enemy to suffer death or any less punishment, and the court
may in addition to any other sentence imposed order that any
goods in respect of which the offence has been committed be
forfeited(a) :
(a) APPEALS FROM CONVICTIONS. From convictions by court-martial* there
is 110 appeal to the Court of Criminal Appeal or other civil court, but the
Acts and Regulations governing court-martials make provision for the review
of decisions.
426
No detention
in detention
barracks.
Maximum
sentence in
certain cases.
District
court-
martial.
Unit to
which
soldier be-
longs.
Summary
Trial by Courts-Martial. Provision* not affecting Courts of
Summary Jurisdiction.
Provided that a sentence of detention in detention barracks
shall not be awarded for an offence under these regulations and
that no sentence exceeding six months' imprisonment with hard
labour shall be imposed in respect of any contravention of
Regulations 12, 13, 21, 22, 24, 25, 26, 27, 28*, 53, 60, and
61 if the offender proves that he acted without any intention of
assisting the enemy or, in the case of Regulation 27, of causing
any such disaffection, interference or prejudice as is mentioned
in that regulation.
A court-martial having jurisdiction to try offences under these
regulations shall be a general or district court-martial convened
by an officer authorised to convene such description of court-
martial within the limits of whose command the offender may for
the time being be ; but nothing in this regulation shall be con-
strued as authorising a district court-martial to impose a sentence
of penal servitude.
Any person tried by court-martial under these regulations shall,
for the purposes of the provisions of the Army Act(a) relating to
offences, be treated as if he belonged to the unit in whose charge
he may Tie; but no such person shall be liable to summary punish-
mnishment ment by a commanding officer.
(a) A' MY ACT, see footnote (a), p. 428.
Trial by Courts-Martial when 5 Geo. 5. c. 34 is suspended. Pro-
visions in force in Ireland only not affecting Courts of Summary
Jurisdiction.
427
(2.) Trials by Courts-Martial when 5 Geo. 5. c. 34
is suspended.
Note. Section 1 (7) of the Defence of the Realm (Amendment)
Act, 1915 (5 Geo. 5, c. 34) (which is printed at length pp. 5-8
of the " Defence of the Realm Manual " (May, 1917, Edit.) ) is
as follows :
" (7) In the event of invasion or other special military
emergency arising out of the present war, His Majesty may by
Proclamation forthwith suspend the operation of this section,
either generally or as respects any area specified in the Proclama-
tion, without prejudice, however, to any proceedings under this
section which may be then pending in any civil court."
By Proclamation dated April 26th, 1916 (printed as Statutory
Rules and Orders, 1916, No. 256), the operation of section 1 of
the Defence of the Realm (Amendment) Act, 1915, was suspended
in Ireland.
That Proclamation is now (October 21, 1917) in force, and
no other like suspensory Proclamation has been issued.
Consequently Regulations 58A and 58D are now (October 21,
1917) in force throughout Ireland but nowhere else.
REGULATIONS 58A AND 58i) OF THE DEFENCE OF THE REALM
REGULATIONS .
58 A . Whenever His Majesty by Proclamation suspends the Trial by
operation of section one of the Defence of the Realm (Amendment) courts-"
Act, 1915, either generally or as respects any specified area, mart]
then, as respects all offences committed against these regulations, 5"^^
or (as the case may be), all such offences committed within the c> 34,
specified area, so much of Regulation 56 as relates to trial by a
civil court with a jury, and in particular paragraphs (6) to (10) and
(13) thereof, shall, so long as the Proclamation remains in force,
cease to have effect, without prejudice however to any proceedings
under the said section which may be pending at the date of the
issue of such Proclamation, and in lieu of the said paragraphs, the
following provision shall have effect:
"If it is determined that the case is to be proceeded with
and that the offence is not of such a character as afore-
said, the case may be tried by court-martial, and notwith-
standing anything in Regulation 57 a field general court-
martial convened by an officer authorized to convene such a
court-martial shall have the like jurisdiction to deal with the
case as in the last-mentioned regulation is conferred on a
general court-martial . ' '
42S
Trial by
courts-
martial of
offences
committed
by the
military
while 5 Geo.
i>, c. 34 is
suspended.
Trial by Courts-Martial when 5 Geo. 5. c. 34 is suspended. Pro-
visions in force in Ireland only not affecting Courts of Summary
Jurisdiction.
58 D . Where His Majesty has by Proclamation suspended,
either generally or as respects any specified area, the operation
of section one of the Defence of the Realm (Amendment) Act,
1915, then any person who is alleged to have committed any
offence (whether an offence against these regulations or otherwise)
at any place within the United Kingdom or within the specified
area, as the case may be, while the Proclamation was in force and
while he was subject to military law shall, unless the competent
military authority otherwise directs and notwithstanding any-
thing in any Act or law to the contrary, be liable to be tried
for the offence by court-martial and not otherwise, and on any
such trial the procedure of the court-martial and the punishment
to be inflicted in case of conviction shall be as prescribed by the
Army Act.()
Provided that nothing in this regulation shall be construed
as affecting the powers of commanding officers to deal summarily
with offences under the Army Act, (a) or of courts of summary
jurisdiction to deal with offences punishable on summary
conviction.
(aj ARMY ACT. The Army Act (44 & 55 Viet. c. 58) has been repeatedly
amended and has in accordance with s. 8 (2) of the Army Annual Act, 1885
(48 & 49 Viet. c. 8), been printed with the amendments made down to the end
of the session 5 & 6 Geo. 5, and such print has been put on sale.
S. 70 (5) of the Army Act was subsequently amended by 6 & 7 Geo. 5. c. 33.
by s. 4 of the Army (Annual) Act, 1916 (6 & 7 Geo. 5. c. 5), and by ss. 4, 5 of
the Army (Annual) Act, 1917 (7 & 8 Geo. 5. c. 9). See also the Army Transfers
Act, 1915 (5 & 6 Geo. 5. c. .43), which as amended by 6 Geo. 5. c. 15, s. 13,
amends s. 83 of the Army Act.
S. 8 (3) of the 1885 Act provides that references in any past or future
Act to the Army Act shall be construed to refer to the Army Act as so
amended.
(6.) Liability of Directors and
Officers, p. 433.
(7.) Obstruction
p. 434.
of Officers,
(8.) Public Duties, p. 434.
(9.) Search and Seizure; Interro-
gation, p. 434.
Aiding and
abetting ;
acts pre-
paratory to
offences ;
harbouring
offenders.
Aiding and Abetting; Arrest Provisions applying to Offences
Triable Summarily and otherwise.
4. Miscellaneous Provisions as to Offences.
Note. The whole of the Defence of the Realm Regulations are
as stated p. 5, published as one Consolidated Code. This Part
of this Manual contains only those which seem to have relation to
" Food " offences.
(1.) Aiding and Abetting, p. 429. I
(2.) Arrest and Bail, p, 429.
(3.) Assisting Enemy, General
Prohibition on, p. 431.
(4.) Burden of Proof of Lawful
Authority, p. 431.
(5.) False Reports or Statements ;
Publishing Confidential In-
formation ; Falsification ;
Forqery ; Personation, \
p. 431.
(1) Aiding* and Abetting-.
REGULATION 48 OF TITE DEFENCE OF THE REALM REGULATIONS.
[This Regulation is printed as now Jan. 31, 1918, in force with the
portions recently amended underlined.]
48. Any person who attempts to commit, or solicits or incites
or endeavours to persuade another person to commit, or procures,
aids or abets, or does any act preparatory to, the commission of,
any act prohibited by these regulations, or any order, rules, or
other instrument made thereunder, or harbours any person whom
he knows, or has reasonable grounds for supposing, to have acted
in contravention of these regulations, or any order, rules, or
other instrument made thereunder, shall be guilty of an offence
against these regulations, or, if the act constituted or would have
constituted a summary offence against these regulations, of a
summary offence against these regulations.
(2) Arrest and Bail.
REGULATION 55 OF THE DEFENCE OF THE REALM REGULATIONS.
55. Any person authorised for the purpose by the competent Arrest,
naval or military authority, (a) or any police constable or officer of
customs and excise(b) or aliens orHcer(c) may arrest without war-
rant^) any person whose behaviour is of such a nature as to give
reasonable grounds for suspecting that he has acted or is acting or
is about to act in a manner prejudicial to the public safety or the
defence of the Realm, or upon whom may be found any article,
book, letter, or other document, the possession of which gives
grounds for such a suspicion, or who is suspected of having com-
mitted an offence aganst these regulations, or of being in posses-
sion of any article or document which is being used or intended
to be used for any purpose or in any way prejudicial to the public
safety or the defence of the Realm ; and anything found on any
person so arrested which there is reason to suspect is being so
(a) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition, see foot-
mote (b), p. 412.
(b) OFFICER OF CUSTOMS AND EXCISE. For definition, see footnote (c), p. 414
(c) ALIENS OFFICER. For definition, see footnote (d), p. 414.
(d) ARRESTING WITHOUT WARRANT. Section 27 of the CriminalJustice Ad-
ministration Act, 1914 (4 & 5 Geo. 5. c. 58) (which section, see s. 42, applies to
Scotland, and, see s. 43, to Ireland), provides that where " under any Act
whether passed before or after the commencement of this Act there is power
429
Seizure of
articles.
Photographs
and finger-
prints of
arrested
person.
Seizure of Articles; Photograph^, $c., and Bail of Arrested
Person; Assisting Escape. Provisions applying- to Offences
Triable Summarily and otherwise.
used or intended to be used may be seized, and the competent
naval or military authority(a) may order anything so seized to be
destroyed or otherwise disposed of.
Any person so arrested shall, if so ordered by the competent
naval or military authority, (a) O r by the chief officer of police(b)
for the district, be photographed and finger-print impressions of
the fingers and- thumbs of both of his hands taken, (c) and if any
person refuses to allow such photograph or impressions to be
taken, or obstructs the taking thereof, he shall be guilty of a
summary offence against these regulations :
Provided that
(a) N"o photograph of a person so taken shall be published
except for the purpose of tracing that person, nor
shall a copy of any such photograph be shown to any
person except a person officially authorised to see it ;
and
(b) If .the person arrested neither has been nor is subse-
quently convicted of an offence against these regula-
tions, all photographs (both negatives and copies) and
finger-print impressions so taken shall be destroyed
as soon as they are no longer required for the purposes
of these regulations, and in any case forthwith after
the termination of the present war.
On a person being taken into custody under this regulation
he may apply to the competent naval or military authority(a) for
release on bail, and, if the competent naval or military authority
so directs in writing-, any officer of police, who under the Summary
Jurisdiction Acts has power to release on bail any person appre-
hended without warrant, may discharge the person so in custody
upon his entering into a recognizance, or, in Scotland, finding
caution, with or without sureties, for a reasonable amount to
appear at such time and place, to be named in the recognizance
or caution, as may be fixed by the competent naval or military
authority, (a) Provided that a person so taken into custody as
having committed a summary offence against these regulations
may be released on bail in manner aforesaid without applica-
tion to or direction from the competent naval or military
authority, (a)
If any person assists or connives at the escape of any person
who may be in custody under this regulation, or knowingly-
harbours or assists any person who has so escaped, he shall be
guilty of an offence against these regulations.
(a) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition, see
footnote (b), p. 412.
(b) CHIEF OFFICER OF POLICE. Reg. 62 provides as follows :
" For the purposes of these regulations the expression ' chief officer of
" police ' shall include any police officer duly authorised to take the place and
" exercise the powers of the chief officer of police during his absence from duty."
(c) PHOTOGRAPHS AND FINGER PRINTS. The Regulations under s. 8 of the
Penal Servitude Act, 191 (54 & 55 Yict. c. 69) as to the photographing and
taking of finger prints of all criminal prisoners are published as follows :
for England (Regs., June 20,1896, of Secy, of State) St. R. & O., Revised 1904,
X "Prison, E," p. 123.
for Scotland (Regs., August 20, 1904, of Secy, for S.) St. R. & O., 1904, p. 601.
for Ireland (Regs., March 30, 1897. of Lord Lieutenant) St. R. & O., Revised
1904, X " Prison I," p. 194.
Assisting Enemy; Burden of Proof; False Reports; Provisions 431
applying to Offences Triable Summarily and otherwise.
(3.) Assisting Enemy, General Prohibition on.
REGULATION 50 OF THE DEFENCE OF THE REALM REGULATIONS.
50. If any person does any act of such a nature as to be calcu- General
lated to be prejudicial to the public safety or the defence of the
Realm and not specifically provided for in the foregoing regula-
tions, with the intention or for the purpose of assisting the enemy,
he shall be deemed to be guilty of an offence against these
regula tions. (a)
(4.) Burden of Proof of Lawful Authority.
REGULATION 58B OF THE DEFENCE OF THE REALM REGULATIONS.
58 B . Where under these regulations any act if done without
lawful authority or without lawful authority or excuse is an proo f O f
offence against these regulations, the burden of proving that the lawful
act was done with lawful authority or with lawful authority or authority or
excuse shall rest on the person accused, (b) excuse on
accused.
(5.) False Reports or Statements; Publishing- Confidential
Information ; Falsification ; Forgery ; Personation.
So MUCH OF REGULATIONS 27, 44, AND 45 OF THE DEFENCE OF THE
REALM REGULATIONS AS WOULD SEEM TO HAVE ANY APPLICA-
TION TO CONTRAVENTIONS OF FOOD SUPPLY on PRODUCTION
REGULATIONS OR ORDERS.
27. No person shall by word of mouth or in writing or in
any newspaper, periodical, book, circular, or other printed Spreading
publication( c)_ false report
(a) spread false reports or make false statements ;. ' > * * (d) ^ a
and if any person contravenes any of the above provisions he shall statement.
be guilty of an offence against these regulations.
(a) PUNISHMENT FOR ASSISTING ENEMY. An offence committed with the
intention of assisting the enemy is punishable by death. See Regs. 56A, p. 424,
57, p. 425.
(b) "LAWFUL AUTHORITY OR EXCUSE." The following is a list of those of
the Defence of the Realm Regulations affecting Food supply or production and
therefore falling within the scope of this Manual which make specific exception
of acts done with " lawful authority " or with " lawful authority or excuse " :
Reg. 2G (4). (Wrongful disclosure of information as to food business),
p. 9.
Reg. 2N. (Entry on land in possession of Government Department under
Regs. 2L, 2M), pp. 260, 273.
Reg. 27. (Possession of prohibited report or statement), p. 431.
Reg. 27 A. (Publishing confidential information), p. 432.
Reg. 45 (a). (User or possession of forged permit, &c. , p. 432.
Reg. 45 (cc). (Possession of permit, &c., issued to another person), p. 433.
Reg. 45 (d). (Application to premises or articles of Government marks),
p. 433.
Reg. 45 (#). (Stating or inducing belief of connection with Government
Department), p. 433.
The meaning of the expression " lawful excuse " in s. 7 of the Post Office
(Protection) Act, 1884 (47 & 4^ Yict. c. 76) (now reproduced ipsissimis verbis
in s. 65 of the Post Office Act, 1908, 8 Edw. 7. c. 48), was considered in
Dickins v. Gill, Law Rep., 1896, 2 Q.B. 310.
(c) POWERS OF SEARCH AND SEIZURE OF TYPE AND PLANT. See Reg.
51, 5lA, printed at pp 434, 435.
(d) OMITTED WORDS. The omitted words relate to the spreading of reports
causing disaffection or prejudicing military discipline or otherwise providing as
to matters outside the scope cf this Manual.
432
Wrongful
possession of
prohibited
report or
statement.
Prohibition
on
publishing
confidential
information.
Falsificanor
of report or
document.
Forgery ;
alteration or
wrongful
user or
possession of
permit, &c.
Personation
of holder of,
or false
statement to
obtain
permit, &c.
Destruction
or wrongful
retainer of
permit, &c
Falsification of Reports, tyc.; Provisions applying to Offences
Triable Summarily and othenvise.
If any person without lawful authority or excuse(a-) has in his.
possession or on premises in his occupation or under his control
any document containing a report or statement the publication
of which would be a contravention of the foregoing provisions
of this regulation, he shall be guilty of an offence against these
regulations, unless he proves that he did not know and had no
reason to suspect that the document contained any such report
or .statement, or that he had no intention of transmitting or
circulating the document or distributing copies thereof to or.
amongst other persons. (b)
2*7 A ' * (c)
It shall not be lawful for any person *(o) without
lawful uuthority(a) to publish the contents of any confidential
document belonging to, or any confidential information obtained
from, any Government department, or any person in the service
of His Majesty.
If any person contravenes any provision of this regulation he
shall be guilty of an offence against these regulations.
44. If any person, verbally or in writing, in any report,,
return, declaration, or application, or in any document signed by
him or on his behalf of which it is his duty to ascertain the
accuracy, knowingly makes or connives at the making of any
false statement or any omission, with intent to mislead any
officer, 03* other person acting under the orders of any officer,
in the execution of his duties, he shall be guilty of an offence
against these regulations.
45. If any person
(a} forges, alters, or tampers with any naval, military,
police, or official pass, permit, certificate licence or
other document or any passport, or without lawful
authority (a-) uses or has in his possession any such
forged,- altered, or irregular pass, permit, certificate,
licence, or other document or passport ; or
(b) personates, or falsely represents himself to be or not to>
be, a person to whom such a pass, permit, certificate,
licence, or other document or passport has been duly
issued, or with intent to obtain any such pass, permit,
certificate, licence or other document or passport,
whether for himself or for any other person, knowingly
makes any false statement ; or
(c) destroys, makes away with, or by wilful neglect loses any
such pass, permit, certificate, licence, or other docu-
ment or passport, or retains it when he has no right to
retain it. or when it is contrary to his duty to retain it,
or fails to comply with any directions issued by lawful
authority with regard to the return thereof ; or
(a) " LAWFUL AUTHORITY OR EXCUSE." See Reg. 58s, p. 431.
(b) VALIDITY OF REG. 27. This Reg. is intra vires Norman v. Mathews-
(K.B.D., Feb. 10 ; C.A.. Feb. 14, March 3, 1916), Times Law Rep., vol. 32,
pp. 303, 369 ; 85 L.J.K., 13, 203 ; 114 L.T.R., 232 : 80 J.P., 156 ; 60 S J., 90 ;
25 Cox C.C., 263.
(c) OMITTED WORDS. These prohibit reports of proceedings at secret
sessions of Parliament and reports of Cabinet meetings and are omitted as
outside the scope of this Manual.
Liability of Director* and Officers. Provisions applying to
Offences Triable Summarily and otherwise.
(cc) allows any other person to have possession of any such
pass, permit, certificate, licence, or passport issued
for his use alone, or without lawful authority(a) has in
his possession any such pass, permit, certificate,
licence, or passport issued for the use of some person
other than himself, or on obtaining 1 possession of any
such pass, permit, certificate, licence, or passport, by
finding- or otherwise, neglects or fails to restore it to
the person or authority by whom or for whose use it
was issued or to a police constable ; or
(d) without lawful authority (a) applies to any vessel,
building 1 , structure, premises, vehicle or other article,
any
marks,
vessel,
article,
service
(b) lights,
calculated to lead to
building, structure,
is the proper cy or is
letters, colours, or
the belief that the
premises, vehicle or
being used for the
of His Majesty or any Government Depart-
ment; or removes, defaces, alters or adds to any such
lights, letters, colours, or marks which have been
lawfully so applied ; or
433
Wrongfu
user or
possession of
permit, iSL-e.
Wrongful
application
to premises
or articles of
marks
indicating
Government
service.
(g) personates or falsely represents himself to be a person in
the employment of or as acting for or on behalf of
His Majesty or any Government Department, or the
government of any of His Majesty's Dominions or any
foreign government ; or, without lawful authority or
excuse, makes any statement or does any act or thing
calculated to induce the belief that he is in any way
connected with any Government Department or the
government of any of His Majesty's Dominions or any
foreign goveriiment ; or
(7i) makes any statement or does any act intended or calcu-
lated to mislead -.or deceive any person in the employ-
ment of or acting for or on behalf of His Majesty or
any Government Department, or the Government of
any of His Majesty's Dominions or the Government
of any Allied State as to the quantity or quality of
any war material or other goods, or otherwise in rela-
tion to the manufacture, testing or supply thereof, or
with the like intent withholds any information in his
possession ;
he shall be guilty of an offence against these regulations.
re.) Liability of Directors and Officers.
48A. Where the person guilty of an offence or a summary
offence against these regulations is a corporation or company
every director and officer of the corporation or company shall be
guilty of the like offence unless he proves that the act constituting
the offence took place without his knowledge or consent.
(a) "LAWFUL AUTHORITY." See Reg. 58B, p. 431.
(b) OMITTED WORDS. The words omitted in paragraph (d), and the whole
of paragraphs (e), (f), are confined to naval and military matters and are there-
fore omitted as outside the scope of this Manual.
Personation
of Govern-
ment
Official, &c.
Misleading
statement as
to quantity
or quality of
goods.
Liability of
directors and
officers of
corporation
or company.
434
Obstruction
of officers,
&e., in
performance
of duties.
Duty of
compliance
with orders.
Duty of
disclosing
contra-
vention of
regulations.
Power to
search pre-
mises, &c.
Obstruction of Officers; Public. Duties; Search and Seizure; In-
Ici rotation. Prorisionx applying to Offences Triable Summarily
and otherwise.
(7.) Obstruction of Officers.
REGULATION 43 OF THE DEFENCE OF THE REALM REGULATIONS.
43. No person shall obstruct, knowingly mislead, or otherwise
interfere with or impede, or withhold any information in his
possession which he may reasonably be required to furnish from,
any officer or other person who is carrying out the orders of the
competent naval or military authority, (a) or who is otherwise
acting in accordance with his duty under these regulations, and
if he does so shall be guilty of an offence against these regula-
tions.
(8.) Public Duties.
REGULATIONS 47, 48 OF THE DEFENCE OF THE REALM REGULATIONS.
47. It shall be the duty of every person affected by any order
issued by the competent naval or military authority(a) or other
person in pursuance of these regulations to comply with that
order, and if he fails to do so he shall be guilty of an offence
against these regulations.
49. It shall be the duty of any person who knows or has good
reason for believing that some other person is acting in contra-
vention of any provisions of these regulations to inform the com-
petent naval or military authority(a) of the fact, and if he fails
to do so he shall be guilty of an offence against these regulations.
(9.) Search and Seizure ; Interrogation.
REGULATIONS 51, 5lA, 52 AND 53 OF THE DEFENCE OF THE REALM
REGULATIONS.
51. The competent naval or military authority, (a) or any
person duly authorised by him or any police constable may, if he
has reason to suspect that any house, building, land, vehicle,
vessel, aircraft, or other premises or any things therein are being
or have been constructed used or kept for any purpose or in any
way prejudicial to the public safety or the defence of the Realm,
or that an offence against these regulations is being or has been
committed thereon or therein, enter, if need be by force, the
house, building, land, vehicle, vessel, aircraft, or premises at any
time of the day or night, and examine, search, and inspect the
same or any part thereof, and may seize anything found therein
which he has reason to suspect is being used or intended to be used
for any such purpose as aforesaid, or is being kept or used in
contravention of these regulations (including, where a report or
statement in contravention of Regulation 27 or Regulation 27A(b)
has appeared in any newspaper or other printed publication, or
where a leaflet has been printed in contravention of Regulation"
27c,(c) any type or other plant used or capable of being used for
(a) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition see
footnote (b), p. 412.
(b) REGS. 27, "27 A. These relate to the spreading of false or prejudicial
reports, publication of confidential information, &c., and so far as appearing to
apply to "food " offences are printed pp. 431, 432 above.
(c) REG. 27c. This relates to peace propagandist, &c. leaflets, and is omitted
from this Manual as not appearing to be within its scope.
Search for and Seizure of Prohibited Documents. Provisions
applying to Offences Triable Summarily and otherwise.
the printing or production of the newspaper or other publication
or of the leaflet), and the competent naval or military
authority, (a) with the consent of the Admiralty or Army Council,
or a chief officer of police with the consent of a Secretary of
State, the Secretary for Scotland, or the Chief Secretary in
Iieland (as the case may be), may order anything so seized fo be
destroyed or otherwise disposed of.
435
51 A . If a justice of the peace is satisfied by information in Power to
writing upon oath laid before him by a competent naval or authorise
military authority (a) or any person duly authorised by him, or by S ^j S gg a
an officer of police of a rank not below that of inspector, that se i zure O f
any document containing any information, report or statement, prohibited
the publication whereof would be an offence against Regulation documents.
18(b) or Regulation 27 or Regulation 2TA,(c) is about to be issued
for publication or dispersion from, or that copies thereof are upon,
any premises, or that preparations are being made on any such
premises for the publication of any such information, report, or
statement, the justice may issue a warrant authorising a constable
to enter, at any time, and if need be by force, and search the
premises and to seize any such document, and any written or
printed copies thereof, and any type or other appliance w r hich has
been or is being used or is intended to be used or is in a condition
ndapted for use in the production of such copies and bring them
before a court of summary jurisdiction.
The court before which they are brought may issue a summons
calling upon the owner to show cause why the articles so seized
should not be destroyed, and if he does not appear in obedience
to the summons, or if upon appearance he does not satisfy the
court that the articles in question are not of such a character
or so adapted as in this regulation herein-before mentioned, the
court may order them to be destroyed or otherwise disposed of,
and in any other case shall order them to be restored after the
expiration of seven clear days to the owner, (d)
For the purposes of this regulation a summons shall be deemed
to be duly served if addressed to the owner of the articles without
further name or description, and left at or sent by registered post
to the premises on which the articles were seized.
(a) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition see
footnote (b), p 412.
(b) REG. 18. This relates to obtaining and communicating naval and military
information, and does not fall within the scope of this Manual.
(c) REGS. 27, 2?A. These which relate to the spreading of false reports, and
the publication of confidential information, are so far as within the scope of
this Manual printed pp. 431, 432.
(d) VALIDITY OF REG. MA. This Reg. is intra vires Norman v. Mathews
(K.B.D., Feb. 10 : C.A., Feb. 14, March 18, 1916), Times Law Rep., vol. 32,
pp. 303, 369 : 8f> L.J.K., 13, 203 : 114 L.T.R. 232 : 80 J.P. 156 : 60 S.J. 90 ;
2fi Cox C.C. 26: ) >.
436
Power to
stop and
search
vehicles.
Powers of
questioning.
Stoppage, Search and Seizure of Vehicles; Questioning. Pro-
visions applying to Offences Triable Summarily and otherwise.
If any person feels agrieved by an order made in pursuance
of this regulation he may appeal to quarter sessions, or in Scot-
land under and in terms of the Summary Jurisdiction (Scotland)
Acts,( a ) or in Ireland in manner provided by the Summary
Jurisdiction (Ireland) Acts.(b)
1$ in the course of any proceedings under this regulation
application is made by or on behalf of the informant that in the
public interest all or any portion of the public should be excluded
during any part of the hearing, the court may make an order to
that effect. (c)
In the application of this regulation to Scotland, " the sheriff ''
shall be substituted for " a justice of the peace" and "the jus-
tice" : " order" shall be substituted for " summons," and any
such order may be applied for at the instance of the procurator-
fiscal, who shall arrange; for the service thereof.
52. Any officer, or any soldier or sailor engaged on sentry
patrol or other similar duty, and any police officer, may stop any
vehicle travelling along any public highway, and, if he hn reason
to suspect that the vehicle is being used for any purpose or in any
way prejudicial to the public safety or the defence of the Realm,
may search and seize the vehicle and seize anything found therein
which he has reason to suspect is being used or intended to be
used for any such purpose as aforesaid.
53. It shall be the duty of any person, if so required by an
officer, or by a soldier or sailor engaged on sentry patrol or
other similar duty, or by a police constable, to stop and answer to
the best of his ability and knowledge any questions which may
be reasonably addressed to him, and if he refuses or fails to do
so he shall be guilty of an offence against these regulations. (d)
The competent naval or military authority(^) may by order
require any person or persons of any class or description to
furnish him, either verbally or in writing, with such informa-
tion as may be specified in the order, and the order may require
any person to attend at such time and such place as may be
specified in the order for the purpose of furnishing such infor-
mation, and if any person fails to comply with the order he shall
be guilty of an offence against these regulations.
(a) APPEAL IN SCOTLAND. See footnote (a) to Eeg. 58, p. 417.
(b) APPEAL IN IRELAND. See footnote (b) to Reg. 58, p. 417.
(c) HEARING IN CAMERA. Reg. 58, p. 417, makes general provision for the
exclusion on application by the prosecution of all or any portion of the public
during any part of the hearing of any proceedings before a court of summary '
jurisdiction or on appeal.
(d) MAXIMUM PENALTY UNDER REG. 53. No sentence exceeding six months
imprisonment with hard labour can be imposed for a contravention of Reg. 53 if
the offender proves that he acted without any intention of assisting the enemy
See Reg. 57, p. 426.
(e) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition see
footnote (b), p. 412.
[GENERA!..
43'
FART X.
PROOF AND CONSTRUCTION OF AND
OTHER PROVISIONS AS TO FOOD
REGULATIONS, ORDERS AND DOCU-
MENTS.
1. Proof of Regulations, Order ,
and Documents^ p 437.
2. Construction of Regulations
and Orders, p. 440.
3. Notices and Permits, p. 442.
1. Proof of Regulations, Orders and Documents.
The Documentary Evidence Acts, so far as relating to
proof ot Orders affecting- Food Supply and Pro-
duction.
EXTRACTS FROM ss. 2, 5 AND SCH. OF DOCUMENTARY EVIDENCE
ACT, 1868 (31 & 32 YICT., c. 37), AS AMENDED BY THE
DOCUMENTARY EVIDENCE ACT, 1882 (45 & 46 YICT., c. 9)
AND APPLIED BY THE ENACTMENTS MENTIONED IN THE 1ST
COLUMN OF THE SCHEDULE AS HERE PRINTED.
[Only that portion of these Acts which relates to the alternative modes of
proving the Orders and Rules of which the text is comprised or to which
references are made in this .Manual is here printed and is so printed in the
form which it appears now to assume.]
2. Primd facie evidence of any proclamation order or regula-
tion issued ... by His Majesty, or by the Privy Council or
by the Lord Lieutenant also of any . . . order or regula-
tion^) issued ... by or under the authority of any
such department of the Government or officer as is men-
tioned in the first column of the schedule hereto, may be given
in all courts of justice, and in all legal proceedings whatsoever,
in all or any of the modes hereinafter mentioned ; that is to say :
(1) By the production of a copy of the Gazette(b) purporting
to contain such proclamation order or regulation.
By the production of a copy of such proclamation, order
or regulation, purporting to be printed under the
authority of His Majesty's Stationery Office . . .
By the production, in the case of any proclamation order
or regulation issued by His Majesty or by the Privy
Council or by the Lord Lieutenant of a copy
(a) DOCUMENTS OTHER THAN ORDERS OR REGULATIONS. In the case of
each Department marked f ' (a) " in the Schedule the enactments mentioned in
the first column provide that the word " Regulations " in the Documentary
Evidence Acts includes any documents issued by the Department.
(b) UNNECESSARY GAZETTING. One of the objects of the Rules Publication
Act, 1893, was to avoid duplicate printing and unnecessary gazetting (see s. 3 (3)
thereof), and accordingly none of the Orders of the Food Controller have
foeen gazetted.
(2)
3)
438
Evidence of Food Supply (Mid Production Orders, fyc.
or extract purporting to be certified to be true by the
clerk of the Privy Council, or by any one of the lords
or others of the Privy Council (or of the Privy Council
in Ireland as the case may be) and, in the case of
any . . . order or regulation (a) issued by or
under the authority of any of the said departments or
officers, by the production of a copy or extract pur-
porting to be certified to be true by the person or
persons specified in the second column of the said
schedule in connection with such department or
officer.
Any copy or extract made in pursuance of this last provision
may be in print or in writing, or partly in print and partly in
writing.
No proof shall be required of the handwriting or official posi-
tion of any person certifying, in pursuance of this Act, to the
truth of any copy of or extract from any proclamation order or
regulation, (a)
********
5. . . . " Gazette " shall include the London Gazette, the
Edinburgh Gazette, and the Dublin Gazette, or any of such
Gazettes.
Schedule.
Column 1.
Name of Department or Officer.
Column 2.
Names of Certifying Officers.
The Treasury.
The Admiralty.
The Army Council.
[Evidence (Amdt.) Act, 1915, 5 & 6
Geo. 5. c. 94, s. 5.]
(a) The Minister of Munitions.
[Munitions of War Act, 19 1 5, 5 & 6
Geo. 5. c. 54, s. 18.]
Any Commissioner, Secretary,
or Assistant Secretary of the
Treasury.
Any of the Commissioners for
executing the office of Lord
High Admiral or either of
the Secretaries to the said
Commissioners .
Two members of the Army
Council, or the Secretary to
the Army Council, or any
person authorised by the
Army Council to act on their
behalf.
The Minister of Munitions or a
Secretary in the Ministry or
any person authorised by the
Minister to act on his behalf.
(a) DOCUMENTS OTHER THAN ORDERS OR REGULATIONS. In the case of
each Department marked " (a) " in the Schedule the enactments mentioned in
the first column provide that the word " Regulations " in the Documentary
Evidence Acts includes any documents issued by the Department.
Evidence of Food Supply and Production Orders, $c.
43!)
Column 1.
Name of Department or Officer.
Column 2.
Name of Certifying Officers.
The Secretary of State.
The Secretary for Scotland.
[Evidence (Amdt.) Act, 1915, 5 & 6
Geo. 5. c. 94, s. 5.]
The Board of Trade.
(b) The Local Government
Board.
[Local Government Board Act,
1871, 34 & 35 Viet. c. 70.]
The Local Government Board
for Ireland.
[Evidence (Amdt.) Act, 1915, 5 & G
Geo. 5. c. 94, s. 5.]
(a) The Board of Agriculture
and Fisheries. ,
[Documentary Evidence Act, 1885
58'& 59 Viet. c. 9, .1. ]
(a-) Department of Agriculture
and Technical Instruction for
Ireland.
[Agriculture and Technical In-
struction (I.) Act, 1899, 62 & 63 Viet,
c. 50, s. 21 (3).]
(a) The Food Controller.
[New Ministries and Secretaries
Act, 1916, 6 & 7 Geo. 5. c. 68, s. 4.]
Any Secretary or Under-Secre-
tary of State.
The Secretary for Scotland, or
an Under-Secretary, or Assis-
tant Under-Secretary for
Scotland.
Any member of the Committee
of Privy Council for Trade,
or any Secretary or Assistant
Secretary of the said Com-
mittee.
The President, or any Member
of the Local Government
Board, or any Secretary, or
Assistant Secretary of the
said Board.
A Commissioner of the Local
Government Board for Ire-
land or a Secretary or
Assistant Secretary of the
said Board.
The President or any Member
of the Board, or the Secre-
tary of the Board or any
person authorised by the
President to act on behalf of
the Secretary of the Board.
A Member of the Department,
or the Secretary of the
Department, or any person
authorised by the Depart-
ment to act on behalf of the
Secretary of the Department.
The Food Minister, a Secretary
of the Food Ministry, or any
person authorised by the
Food Controller to act on his
behalf.
(a) DOCUMENTS OTHER THAN ORDERS OR REGULATIONS. In the case of
each Department marked " (a)" in the Schedule the enactments mentioned in
the first column provide that the word "Regulations" in the Documentary
Evidence Acts includes any documents issued by the Department.
(b) ORDERS OF THE LOCAL GOVERNMENT BOARD. S. 12 of the Local
Government (Emergency Provisions) Act, 1916 (6 & 7 Geo. 5. c. 1*2), ss. 12 (1),
24 (2), provide that during the continuance of the War and a period thereafter
a letter signed by a Secretary or Assistant Secretary of the Board shall be as
valid in all respects and for the purposes of the Documentary Evidence Acts
have the same effect as a sanctioning, assenting or directing Order of the Board.
440
Application
of Interpre-
tation Act
to D.R.
Begs, and
Orders
thereunder.
Printing and
construction
of D.R,
amended.
Construction
of references
in other
documents
to D.H.
Regs.
Regs. 63, 64, 65 of the Defence of the Realm Regulations relating-
to Construction of the Regulations and of Orders thereunder.
2. Construction of Regulations and Orders.
63.
The Interpretation Act, 1889, applies for the purpose of
the interpretation of these regulations and of orders and rules
made thereunder, in like manner as it applies for the purpose of
the interpretation of an Act of Parliament and as if these
regulations were an Act of Parliament. (a)
64. Where by any Order in Council for the time being in
force, any regulations or words are directed to be added to or
omitted from these regulations, or to be tsubstituted for any
other regulations or words in these regulations, then copies of
these regulations printed under the authority of His Majesty's
Stationery Office after such direction 'takes effect may be printed
with the regulations or words added or omitted or substituted
for other regulations or words as such direction requires, and
with the regulations and paragraphs thereof numbered in accord-
ance with such direction ; and these regulations sharl be construed
as if they had, at the time at which such direction takes effect,,
been made with such addition, omission, or substitution. (b)
65. A reference in any Order in Council or other document
to the Defence of the Realm (Consolidation) Regulations, 1914,
or to the Defence of the Realm Regulations, or to any of them,
shall, unless the context otherwise requires, be construed to refer
to these regulations as amended by any Order in Council for the
time being in force.
(a) CONSTRUCTION OF REGULATIONS AND OF ORDERS THEREUNDER. The
effect of Reg. 63 would appear to be that :
(1) In the Regulations themselves all expressions denned by the Interpre-
tation Act (52 & 53 Yict. c. 63), though not occurring in the Defence
of the Realm Acts have the respective meanings so given to them
and all the rules of construction laid down by that Act for the con-
struction of Acts of Parliament apply to the construction of the
Regulations ;
(2) In an Order under the Regulations expressions occurring both in
the Order and in the empowering Regulations have the same meaning
as they have in the empowering Regulations (see s. 31 of the
Interpretation Act) ;
(3) But both as regards the Regulations and the Orders thereunder
such interpretation is excluded by anything in the Regulation or
Order importing " a contrary intention." (See the provision to this
effect which occurs throughout the Interpretation Act.)
Many of the Enactments, Regulations, and Orders relating to Food Supply
and Production, and therefore printed in this Manual, contain definitions of
words and expressions therein occurring : direct reference to each of such defini-
tions is given in the Analytical Index at the end of this Manual under the
name of each word or expression so defined.
(b) PRINTING OF REGULATIONS AS AMENDED. In accordance with Regula-
tion 64 :
(i) Such of the Defence of the Realm Regulations as fall within the scope
of this Food Manual are herein printed as amended ;
(ii) The whole of the Defence of the Realm Regulations are printed in the
" Defence of the Realm Manual " as a single Consolidated Code.
Reg. 66 of the Defence of the Realm Regulations relating to 441
Previous Operation of Revoked Regulations.
66. The fact that any regulation, or provision of a regulation Previous
is, or has been, revoked or superseded by any subsequent regula- operation of
tion .shall not affect, and shall be deemed not to have affected, ^^
1he previous operation of any regulation or provision so revoked D.R.Regs.
or superseded, or the validity of any action taken under any such
regulations or provision, or any penalty or punishment incurred
in respect of any contravention or failure to comply with any
such regulation or provision, or any proceeding or remedy in
respect of any such penalty or punishment. (a)
(a) PARALLEL PROVISION. A clause to the like effect of Reg. 66 forms
Art. 9 of the Order in Council of Nov. 6th, 1916 (St. R. & O., 1916, No. 764)
amending the Aliens Restriction Order (St. R. & 0., 1916, No. 122).
442
Regs. 60, 61 of the Defence of the Realm Regulations relating
to Notices and Permits.
3. Notices and Permits.
Publication
of Notice of
Orders.
Defacing or
tampering
with Notices.
Production
of Permits
for inspec-
tion.
Power to re-
voke Permit.
REGULATIONS 60 AND 61 OF THE DEFENCE OF THE EEALM REGULA-
TIONS SO FAR AS APPLYING TO FOOD ORDERS AND NOTICES.
60. The competent naval or military authority, (a) or any other
person by whom an order is made in pursuance of these regula-
tions, shall publish notice of the order in such manner as he may
consider best adapted for informing persons affected by the order,
and no person shall without lawful authority deface or otherwise
tamper with any notice posted up in pursuance of these regula-
tions, or any other notice, advertisement or placard, relating to
any of His Majesty's forces or any naval or military matters
exhibited or posted up under lawful authority, and if he does so
shall be guilty of an offence against these regulations. (b)
61. Any person claiming to act under any permit or permission
granted under or for the purposes of these regulations shall, if
at any time he is required to do so by the competent naval or
military authority (a) or any person authorised by him, or by any
naval or military officer, or by any sailor or soldier engaged on
sentry patrol or other similar duty, or by any officer of customs
and excise, officer or police or aliens' officer, produce the permit
or permission for inspection, and if he refuses to do so he shall
be guilty of an offence against these regulations. (1>)
Any permit or permission granted under or for the purposes of
any provision of these regulations may at any time be revoked.
(a) COMPETENT NAVAL OR MILITARY AUTHORITY. For definition, see
footnote (b), p. 412.
(b) MAXIMUM PENALTY UNDER REGS. 60 OR 61. No sentence exceeding
6 months imprisonment with hard labour can be imposed for a contravention of
Reg. 60 or Reg. 61 if the offender proves that he acted without any intention of
assisting the enemy. See Reg. 57, j). 426.
GENERAL. 443
FART XI.
RELIEF FROM LIABILITY UNDER CON-
TRACTS AFFECTED BY DEPARTMENTS'
REQUIREMENTS OR RESTRICTIONS.^)
[This part of the Manual comprises section 1 (2) of the Defence
of the Realm (Amendment) (No. 2) Act, 1915, reproduced as
amended and sections 1 (2) (3), 2, 3 of the Courts (Emergency
Powers) Act, 1917. Various Orders of the Food Controller
provide when contracts shall stand and when they shall be
avoided. Such provisions of such contracts are capitulated under
the heading " Contracts " in the Index to this Manual.
As to the effect of the Output of Beer (Restriction) Acts on
contracts see section 4 of the 1916 Act, printed in Appendix V.,
p. 472, .
Regulation 2^x (2) of the J3efeiice of the Realm Regulations
(p. 316) provides that a contract of tenancy shall not operate
^o as to interfere with the reduction of acreage under hops in
England and Wales, ami Regulation 2ivt (10) (p. 352) allows the
" making muirburn " in Scotland where the same would be other-
wise in contravention of a contract affecting land.
1. Powers of Court to Suspend or
Annul any such Contracts,
p. 443.
2. Relief from certain Liabilities
arising from Contract of
Tenancy, p. 444.
Alexander Pulling.]
3. Relief from Liability when
fulfilment of Contract in-
terfered with by action of
Government Department,
p. 445.
1. Powers of Court to Suspend or Annul any such
Contracts.
SECTION 1 (2) (3) OF THE COURTS (EMERGENCY POWERS) ACT, 1917
(T&8 GEO. 5, c, 25).
[Section 1 (1} relates solely to contracts for the construction of
or for the supply of materials for, building work; as to that sub-
section see Appendix VI. " 3 (2) Suspension of Building
Contract."
1. (2) Where, upon an application by any party to any
contract whatsoever, the court is satisfied that, owing to any
restriction or direction imposed or given by or in pursuance of
any enactment relating to the defence of the realm or any
regulation made thereunder, or owing to the acquisition or user
(a) CONTRACT BY MEMBER OF HOUSE OF COMMONS AS TO PRICE FOR
REQUISITIONED PROPERTY. See Appendix VII, " (2.) Relief from Disqualifi-
cation for Membership of House of Commons as regards certain Contracts," p. 511.
444
Relief from Liability arising from Contract of Tenancy.
by or on behalf of the Crown for the purposes of the present war
of any ship or other property, any term of the contract cannot be
enforced without serious hardship, the court may, after con-
sidering the circumstances of the case and the position of the
parties to the contract and any offer which may have been made
by any party for the variation of the contract, suspend or annul
the contract or stay any proceedings for the enforcement of the
contract or any term thereof or any rights arising thereunder on
such conditions (if any) as the court may think fit.
This subsection shall apply to any obligation relating to the
supply of water, heat, light, traction or power arising under any
Act of Parliament, or order having the force of an Act of"
Parliament, in like manner as it applies to a contract, except that
ift shall not be lawful for the court to annul any such obligation.
4 & 5 Greo. 5. (3) This section shall be construed as one with the Courts
c - 78 ' (Emergency Powers) Act, 1914.
Relief in
respect of
certain con-
t ractual
obligations.
2. Relief from certain Liabilities arising from Contract
of Tenancy.
SECTION 2 OF THE COURTS (EMERGENCY POWERS) ACT, 1917
(7 & 8 GEO. 5, c. 25).
2. Where, by virtue of any contract of tenancy, any person is
bound to do or abstain from doing or is under any liability if he
abstains from doing or does any act or thing, and by virtue of
any enactment relating to the defence of the realm or any
regulation made thereunder the doing of such act or thing is
wholly or partially restricted or ordered, he shall not, during the
continuance of the contract or on or after the termination thereof,
be liable to any mandatory : p 2
Dietaries for Prisons.
5. Prisons.
A. IN ENGLAND AND WALES.
Eules, dated April 21, 1917 (Statutory Eules and Orders, 1917,
No. 395) provide that:
" All prisoners in Local Prisons and in Convict Prisons
shall be supplied with a sufficient quantity of plain and whole-
some food in accordance with such dietary tables as may from
time to time be submitted by the Prison Commissioners and
approved by the Secretary of State/'
[These Rules suspend the Rules dated Sept. 2, 1901 (printed Statutory Rules and
Orders Revised, 1904, "Prisons, E.," pp. 56 and 109) relating to dietaries made for Local
Prisons and for Convict Prisons.]
B. IN SCOTLAND.
A Rule, dated May 25, 1917 (Statutory Eules and Orders, 1917,
No. 842) provides that:
' ' All persons confined in Prisons in Scotland shall be
supplied with a sufficient quantity of plain and wholesome
food in accordance with such dietary rates as may from time
to time be submitted by the Prison Commissioners for Scot-
land and approved by the Secretary for Scotland."
[This Rule suspends the Rules dated June 12, 190C as amended on Feb. 25, 1901 (printed
Statutory Rules and Ordeis Revised, 1904, " Prison, S.," p. 2) relating to dietaries for
convicts and prisoners.]
0. IN IRELAND.
Eules, dated November 26, 1917, which come into force after
laying, before Parliament for 40 days, provide that :
4 ' All prisoners in Ordinary Prisons and in Convict Prisons
shall be supplied with a sufficient quantity of plain and
wholesome food in accordance with such dietary tables as
may from time to time be submitted by the General Prisons
Board and approved by the Lord Lieutenant."
[These Rules
Orders Revised,
the Rules, dated
"iPrisou, I.," p. 140) relating to dietaries for Convict Prisons.]
Maintenance of Live Stock Act, 1915.
APPENDIX III.
MAINTENANCE OF LIVE STOCK ACT
AND ORDERS.(a)
453
3. Order as to Scotland, p. 457,
4. Orders as to Ireland, p. 459,
1. Maintenance of Live Stock
Act, 1915, p. 453.
2. Order as to England and
Wales, p. 455.
1. The Maintenance of Live Stock Act, 1915 (6 & 6 Geo.
5, c. 65).
An Act to make provision for securing* the Maintenance of a
sufficient Stock of Cattle, Sheep, and Swine, and for purposes
connected therewith. [29th July, 1915.]
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. (1) The Board of Agriculture and Fisheries(b) may, for the p wer to
purpose of maintaining a sufficient stock of animals to which this make order
Act applies, by order applicable to England and Wales or any for
part thereof(o)-
(a) prohibit or restrict the slaughter of animals except male
lambs ;
(b) prohibit or restrict the sale or exposure for sale of meat
of immature animals which has not been imported ;
{c) authorise any local authority specified in the order to
execute and enforce within their district all or any
of the provisions of the order, and provide for the
manner in which the expenses incurred by the
authority are to be defrayed ;
{d) authorise any officer of the Board or of a local authority
to enter any slaughter-house or other premises on
which animals are slaughtered for human food and
examine any animals or carcases therein ;
(e) prohibit or restrict the movement of animals out of any
area in* which the slaughter of such animals is pro-
hibited or restricted ;
(/) authorise or require the marking of animals for the
purposes of an order under this Act ;
(g) revoke, extend, or vary any order so made.
(2) The animals to which this Act applies are cattle, sheep,
and swine.
(a) FOOD CONTROLLER'S ORDEE. See now the Live Stock (Restriction of
Slaughter) Order, 1917, made by the Food Controller embodying the restrictions
on the slaughter of pregnant animals. That Order will be printed in the new
Edition of Part II of this Manual referred to in Section II 3 of the Introduc-
tory Note.
(b) BOARD OF AGRICULTURE AND FISHERIES. As to constitution, etc., of
Board see par. (4) of Introductory Note (p. 258) to Part V. of this Manual.
(c) ORDER AS TO ENGLAND AND WALES, Printed (as "2") in this
Appendix.
3167
P 3
454
Maintenance of Live Stock Act, 1915.
Offences.
Application
Short title,
repeal, and
duration.
4 & 5 Geo. 5,
c75.
2. If any person acts in contravention of or fails to comply with
any of the provisions of an order made under this Act, or with a
view to evade the operation of any such order marks or alters or
obliterates a mark on any animal, or obstructs or impedes any
officer in the execution of his powers or duties under any such
order, he shall, on conviction under the Summary Jurisdiction
Acts,(r) be liable to a fine not exceeding twenty pounds, or if the
offence is an offence committed with respect to more than four
animals to a fine not exceeding five pounds for each animal.
3. (1) This Act shall apply to Scotland with the substitution
of references to Scotland and to the Board of Agriculture for
Scotland for references to England and Wales and to the Board
of Agriculture and Fisheries. (to)
(2) This Act shall apply to Ireland with the substitution of
references to Ireland and to the Department of Agriculture and
Technical Instruction for Ireland for the references to England
and Wales and to the Board of Agriculture and Fisheries. (c)
4. (1) This Act may be cited as the Maintenance of Live
Stock Act, 1915.
(2) The Slaughter of Animals Act, 1914, is hereby repealed,
but nothing in this repeal shall affect any order made under that
Act, and any such ordef shall continue in force as if made under
this Act.(&)
(3) This Act shall remain in force during the continuance of
the present war and for a period of twelve months thereafter and
no longer, but the expiration of this Act and of any order then
in force shall not prejudice or affect the institution or prosecu-
tion of any proceedings for any offence committed before such
expiration.
(a) SUMMARY JURISDICTION ACTS. This expression means, in relation to
England and Wales, the Summary Jurisdiction Act, 1848 (11 & 12 Yict., c. 43),
and the Summary Jurisdiction Act, 1879 (42 & 43 Viet., c. 49), and any Act,
past or future, amending those Acts or either of them ; in relation to Scotland,
the Summary Jurisdiction (Scotland) Act, 1908 (8 Edw. 7, c. 65), and the
Summary Jurisdiction (Scotland) Act, 1908, Amendment Act, 1909 (9 Edw. 7,
c. 28) ; and in relation to Ireland, so far as respects the Dublin Metropolitan
Police District, the Acts regulating the powers and duties of justices of the
peace or of the police of that district, and as respects any other part of Ireland,
the Petty Sessions (Ireland) Act, 1851 (14 & 15 Yict., c. 93) and any Act, past
or future, amending the same. See Interp. Act, 1889 (52 & 53 Viet., c. 63), s. 13
(7)-(10) ; 8 Edw. 7, c. 65, s. 3, Sch. A ; 9 Edw. 7, c. 28, s. 1).
(b) BOARD OF AGRICULTURE FOR SCOTLAND. As to the constitution, etc.,
of this Board see par. (4) of Introductory Note (p. 342) to Part VI. of this
Manual. The Order of the Board is printed (as " 3 ") in this Appendix.
(c) DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. As to the constitution, etc., of this Department see par. (4) of Intro-
ductory Note (p. 380) to Part VQ. of this Manual. The Orders of the Depart-
ment are printed (as " 4 ") in this Appendix.
(d) SLAUGHTER OF ANIMALS ACT, 1914. All the Orders made under that
Act are repealed by the Orders printed in this Appendix, and s. 4 (2) (printed in
italics) is therefore " spent."
Order as to Maintenance of Live Stock in England and Wales. 455
2. Order as to England and Wales.
THE MAINTENANCE OF LIVE STOCK ORDER OF 1915. DATED
AUGUST 18, 1915. (a)
IN-CALF OR IN-PIG ANIMALS.
The Board of Agriculture and Fisheries, (a) by virtue and in
exercise of the powers vested in them under the Maintenance
of Live Stock Act, 1915, (c) and for the purpose of maintaining
a sufficient stock of cattle and swine, do hereby order as follows :
Restriction of Slaughter of Animals In-calf or In-pig.
1. An animal which is visibly or obviously in-calf or in-pig
shall not be slaughtered, or be caused or permitted by its owner
to be slaughtered.
Restriction of Slaughter of Calves.
2. [Article 2 is no longer in force, an Order of the Board dated
April 13, 1917 (Statutory Rules and Orders, 1917, No. 373)
pro viding as follows :
" Article 2 of the Maintenance of Live Stock Order of 1915
" (Restriction of Slaughter of Calves) and the Maintenance
" of Live Stock Order of 1916 shall cease to operate on the
11 nineteenth day of April, nineteen hundred and seventeen."]
Exceptions from Restrictions.
3. The restrictions of slaughter imposed by the preceding
Articles of this Order shall not apply to
(a) slaughter of an animal under the powers conferred by
the Diseases of Animals Acts, 1894 to 1914,( d ) or any
Order made thereunder; or
(b) slaughter of an animal necessary or desirable on account
of accidental injury to the animal or its illness ; or
(c) slaughter of an animal if in the opinion of the Board of
Agriculture and Fisheries the slaughter is desirable
for any exceptional reason or purpose, and the
slaughter is authorised by a licence granted by that
Board or an officer of that Board.
Local Authorities authorised to execute and enforce Order.
4. (1) The local authority for the purposes of the Diseases
of Animals Acts, 1894 to 1914, (d) and the executive committee
(if any) for those purposes of such local authority, may execute
and enforce the provisions of this Order within the district of
the local authority, and any expenses so incurred by a local
authority may be defrayed as if they were expenses incurred
under the said Acts.
(a) REVOCATION OP ORDER. This Order was revoked by Order of the Board
dated January 2, 1918, the restrictions on the slaughter of pregnant animals being
now embodied in the "Live Stock (Restriction of Slaughter) Order, 1917," made
by the Food Controller. This last-named Order will be printed in the new Edition
of Part II. of this Manual referred to in section II. 3 of the Introductory Note.
(b) BOARD OF AGRICULTURE AND FISHERIES. See footnote (a) to p. 453.
(c) Maintenance of Live Stock Act. Printed pp. 453, 454.
(d) DISEASES OP ANIMALS ACTS. As to these Acts and Orders thereunder,
see " 6. Diseases of Animals Acts and Orders " of Appendix VI. to this Manual.
3167 P 4
Order as to Maintenance of Live Stock in England and Wales.
(2) The council of a borough (including a metropolitan
borough) or urban or rural district may execute and enforce
the provisions of this Order within the borough or district, and
any expenses so incurred may be defrayed as part of the expenses
incurred by the council in the execution of the Public Health
Acts, or the Public Health (London) Act, 1891, as the case may
be.
(3) A council of a borough which is a local authority for the
purposes of the Diseases of Animals Acts, 1894 to 1914, may
defray the expenses under either of the powers conferred by this
Article or partly under each power, as the council shall determine.
Power of Entry.
5. For the purpose of executing and enforcing this Order any
officer of the Board of Agriculture and Fisheries may, subject
to any directions given by that Board, and upon production, if
so required, of his appointment, enter any slaughter-house or
other premises on which animals are slaughtered for human food,
and examine any animals or carcases therein; and any officer
of a local authority to which the preceding Article applies shall,
subject to any directions given by the local authority, have the
like power of entry of premises in the district of the local
authority in addition to any power of entry which he is otherwise
entitled to exercise.
Application of Order.
6. This Order applies to England and Wales.
Commencement.
Revocation of Existing Order.
7. This Order shall come into operation on the twenty-third day
of August, nineteen hundred and fifteen, and on that date the
Slaughter of Animals Order of 1915(a) shall cease to operate,
except in relation to proceedings for any offence committed
before such date, and any licence issued under that Order shall
have effect as a licence granted under this Order.
Short Title.
8. This Order mav be cited as the Maintenance of Live Stock
Order of 1915.
In witness whereof the Board of Agriculture and Fisherief
have hereunto set their Official Seal this eighteenth day of
August, nineteen hundred and fifteen.
Sydney Olivier,
Secretary.
(a) SLAUGHTER OF ANIMALS ORDER OF 1915. Printed at p. 309 of Supple
ment No. 4 to the " Manual of Emergency Legislation."
Order a* to Maintenance of Live Stock in Scotland.
3. Order as to Scotland.
THE MAINTENANCE OF LIVE STOCK (SCOTLAND) ORDER OF 1915.
DATED AUGUST 24, 1915.
IN-CALF OR IN-PIG ANIMALS ; CALVES.
The Board of Agriculture for Scotland, (*) by virtue and in
exercise of the powers vested in them under the Maintenance of
Live Stock Act, 1915, and for the purpose of maintaining a
sufficient stock of cattle and swine, do hereby order as follows :
Restriction of Slaughter of Animals In-calf or In-pi g.
1. No animal which is visibly or obviously in-calf or in-pig
shall be slaughtered or sold or exposed for sale to be slaughtered.
Restriction of Slaughter of Calves.
2. From the commencement of this Order until the thirtieth
day of September, nineteen hundred, and fifteen, no calf under
the age of twelve weeks shall be slaughtered or sold or exposed
for sale to be slaughtered (but this restriction shall not apply
to a male calf of any of the following dairy breeds, that is to say,
Channel Islands, Ayrshire and Kerry breeds.
3. (1) After the thirtieth day of September, nineteen hundred
and fifteen, until the Board shall by Order otherwise provide, and
subject to the provisions of this Article, no calf, as defined by
Clause (5) of this Article, shall be slaughtered or sold or exposed
for sale to be slaughtered.
(2) This Article shall not apply to the slaughter of a calf of
any of the following dairy breeds, that is to say, Channel Islands,
Ayrshire, Kerry and Dexter breeds.
(3) This Article shall also not apply to the slaughter of a calf
which has been offered for sale by public auction at any market
or saleyard in England, Wales or Scotland, without reserve or
subject to a reserve price of thirty shillings or less, and for which
no bid exceeding thirty shillings has been made on such occasion ;
but this provision shall have effect only
(a) if the calf so offered for sale is before movement from
the market or saleyard marked by or under the direc-
tion of the auctioneer in the manner prescribed by this
Article; and
(b) if such mark is on the calf at the time of slaughter.
(4) The prescribed mark for the purposes of this Article shall
be a broad arrow branded, in hot pitch or a mixture of hot pitch
.and tar, on the back of the calf midway between the hips, the
shaft and two barbs of the arrow to be a quarter of an inch in
width, and the length of the shaft and of the barbs (outside
measurement) to be two and a half inches.
(5) For the purposes of this Article the expression " calf "
means, except where otherwise expressly stated, a bovine animal
in which the first permanent molar or grinder tooth is not cut
and visible.
(a) BOARD OF AGRICULTURE FOR SCOTLAND. See footnote (b) to p. 454.
Order as to Maintenance of Live Stock in Scotland.
Exceptions from Restriction.
4. The restrictions of slaughter imposed by the preceding
Articles of this Order shall not apply to
(a) slaughter of an animal under the powers conferred by
the Diseases of Animals Acts, 1894 to 1914,() or any
Order made thereunder ; or
(6) slaughter of any animal rendered desirable by illness or
accidental injury; or
(c) slaughter of any animal authorised by a licence granted
by the Board of Agriculture for Scotland or an officer
of that Board on cause shown.
Powers of Entry.
5. For the purpose of executing and enforcing this Order any
officer of the Board of Agriculture for Scotland may, subject to
any directions given by that Board, and upon production, if so
required, of his appointment, enter any slaughter house or other
premises on which animals are slaughtered for human food and
examine any animals or carcases therein.
Application of Order.
6. This Order applies to Scotland.
Commencement.
Revocation of Existing Order.
7. This Order shall come into operation on the first day of
September, nineteen hundred and fifteen, and on that date the
Slaughter of Animals (Scotland) Order of 1915(b) shall cease to
operate, except in relation to proceedings for any offence com-
mitted before such date, and any licence issued under that Order
shall have effect as a licence granted under this Order.
Short Title.
8. This Order may be cited as the Maintenance of Live Stock
(Scotland) Order of 1915.
In witness whereof the Board of Agriculture for Scotland
have hereunto set their official seal this twenty-fourth
day of August, nineteen hundred and fifteen.
Robert P. Wright,
Chairman.
H. M. Conacher,
Secretary.
(a) DISEASES OF ANIMALS ACTS. As to these Acts and Orders thereunder,
tee " 6. Diseases of Animals Acts and Orders " of Appendix VI. to this Manual.
(b) SLAUGHTER or ANIMALS (SCOTLAND) ORDER OF 1915. Printed p. 310
of Supplement No. 4 to the " Manual of Emergency Legialation."
Orders as to Maintenance of Live Stock in Ireland. 459
4. Orders as to Ireland.
NOTE. The Maintenance of Live Stock (Ireland) (Temporary)
Order of 1917 (St. R. & 0., 1917, No. 1252), made after this
Manual was in greater part printed, temporarily restricts the
slaughter and export of certain female cattle and of milch
cows. This temporary restriction was by a further Order of
January 26th, 1918, continued until March 31st, 1918.
(i) Sucking Calves, p. 459. (iii) In- Calf Animals, p. 462.
(ii) Breeding Sows, p. 460.
(i) THE MAINTENANCE OF LIVE STOCK (IRELAND) ORDER OF 1915
(No. 2). DATED NOVEMBER 17, 1915.
SUCKING CALVES.
1915. No. 1118.
The Department of Agriculture and Technical Instruction for
Ireland(a') by virtue and in exercise of the powers vested in them
under the Maintenance of Live Stock Act, 1915, and for the
purpose of maintaining a sufficient stock of animals, do hereby
order as follows:
Sucking Calves not to be slaughtered or exported.
1. From and after the date of commencement of this Order,
no sucking calf shall
(a) be slaughtered, or be caused or permitted by its owner
to be slaughtered ; or
(b) be moved out of Ireland, or be caused or permitted by its
owner to be moved out of Ireland.
Exceptions from Restrictions.
2. The restrictions imposed by the foregoing Article shall not
apply to
(a) slaughter of an animal under the powers conferred by
the Diseases of Animals Acts, 1894 to 1914, (b) or any
Order made thereunder ; or
(b) slaughter of a male calf of any of the following dairy
breeds, that is to say, Channel Island, Ayrshire or
Kerry breeds; or
(c) slaughter of an animal necessary or desirable on account
of accidental injury to the animal or its illness ; or
(d) slaughter or movement out of Ireland of an animal if
in the opinion of the Department of Agriculture and
Technical Instruction for Ireland the slaughter or
movement out of Ireland is desirable for any excep-
tional reason or purpose and the slaughter or move-
ment is authorised by a licence granted by the
Department or by an officer of the Department.
(a) DEPARTMENT OP AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. See footnote (c), p. 454.
(b) DISEASES OF ANIMALS ACTS. As to these Acts and Orders thereunder
see "'6. Diseases of Animals Acts and Orders " of Appendix VI. to this Manual.
460 Orders as to Maintenance of Live Stock in Ireland.
Application of Order.
3. This Order applies to Ireland.
Commencement .
4. This Order shall come into operation on the twenty-second
day of November, nineteen hundred and fifteen.
Short Title.
5. This Order may be cited as the Maintenance of Live Stock
(Ireland) Order of 1915 (No. 2).
In witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto se<
their Official Seal this seventeenth day of November, nine
teen hundred and fifteen.
(L.S.) T. P. Gill,
Secretary.
(ii) THE MAINTENANCE OF LIVE STOCK (BREEDING Sows) (IRELAND)
ORDER OF 1916. DATED DECEMBER 11, 1916.
BREEDING Sows.
1916. No. 871.
The Department of Agriculture and Technical Instruction for
Ireland by virtue and in exercise of the powers vested in them
under the Maintenance of Live Stock Act, 1915, and for the
purpose of maintaining a sufficient stock of swine, do hereby order
as follows :
Breeding Sows not to be slaughtered or exported.
1. From and after the date of the commencement of this Order,
no breeding sow shall
(a) be slaughtered, or be caused or permitted by its owner to
be slaughtered; or
(&) be moved out of Ireland, or be caused or permitted by its
owner to be moved out of Ireland.
Definition.
2. For the purposes of this Order any sow which is in young
or which has had young shall be regarded as a breeding sow.
Exceptions.
3. The restrictions imposed by this Order shall not apply to
(a) slaughter of an animal under the powers conferred by the
Diseases of Animals Acts, 1894 to 1914, (a) or any
Order made thereunder; or
(a) DISEASES OP ANIMALS ACTS. As to these Acts and Orders thereunder
'see 6. " Diseases of Animals Acts and Orders " of Appendix VI. to this Manual.
Orders as to Maintenance of Live Stock in Ireland.
(b) slaughter of an animal the slaughter of which is certified
by a duly qualified Veterinary Surgeon to be necessary
or desirable on account of accidental injury to the
animal or its illness ; or
(c) slaughter or movement out of Ireland of a sow which the
Department of Agriculture and Technical Instruction
for Ireland are satisfied, after such investigation as
eeems to them necessary, is no longer fit for breeding
purposes, and the slaughter or exportation of which is
authorised by a Licence granted by the Department
or by an officer of the Department.
Licences.
4. (1) A Licence granted under Article 3 (c) of this Order
shall be subject to the conditions and limitations specified therein,
and shall be void if the person holding it fails to comply with
any requirement or to observe any condition thereof.
(2) Every application for a Licence must be lodged with the
police of the district where the animal to which it refers is located
in sufficient time before the date of the proposed slaughter or
exportation to permit of such enquiry being made as the Depart-
ment may deem necessary, and must be supported by such parti-
culars (in writing) as the Department may require for the purpose
of such enquiry.
Application of Order.
5. This Order applies to Ireland.
Previous restrictions superseded.
6. The provisions of the Maintenance of Live Stock (Ireland)
Order of 1915, (a) so far as that Order relates to swine, are super-
seded by this Order.
/
Commencement .
7. This Order shall come into operation on the 15th day of
December, nineteen hundred and sixteen.
Short Title.
8. This Order may be cited as the Maintenance of Live Stock
(Breeding Sows) (Ireland) Order of 1916.
In witness whereof the Department of Agriculture and Tech-
nical Instruction for Ireland have hereunto set their
Official Seal this eleventh day of December, nineteen
hundred and sixteen.
(L.S.) T. P. Gill,
Secretary.
(a) MAINTENANCE OP LIVE STOCK (IRELAND) ORDER, 1915. The
remainder of that Order (St. R. & 0., 1915, No. 825) is revoked by the Main-
tenance of Live Stock (Ireland) Order of 1917, printed p 462.
462 Orders as to Maintenance of Live Stock in Ireland.
(iii) THE MAINTENANCE OF LIVE STOCK (IRELAND) ORDER OF 1917.
DATED OCTOBER 15, 1917.
IN-CALF ANIMALS.
1917.- No. 1066.
The Department of Agriculture and Technical Instruction for
Ireland by virtue and in exercise of the powers vested in them
under the Maintenance of Live Stock Act, 1915, and for the
purpose of maintaining a sufficient stock of animals in Ireland,
do hereby order as follows :
In-calf animals not to be Slaughtered or Exported.
1. From and after the commencement of this Order no in-calf
animal shall
(a) be slaughtered in Ireland, or be caused or permitted by
its owner, or the person having charge if it, to be
slaughtered in Ireland ; or
(b) be moved out of Ireland, or be caused or permitted by its
owner, or the person having charge of it, to be moved
out of Ireland.
Application.
2. For the purposes of this Order an in-calf animal shall be
(1) any bovine animal visibly or obviously in-calf; or
(2) any bovine animal whicE a Veterinary Inspector of the
Department considers it reasonably probable is in-calf, and
in respect of which a Notice in writing, in the* Form in the
First Schedule to this Order, or to a like effect, is served on
the owner or person in charge by the said Veterinary
Inspector.
Forms of Notice.
3. A Notice in the Form in the First Schedule to this Order
shall continue in force until it has been withdrawn by a further
Notice in writing in the Form in the Second Schedule signed
by a Veterinary Inspector of the Department.
Marking of Animals.
4. (1) A Veterinary Inspector of the Department serving a
Notice in the Form in the First Schedule to this Order may
require the animal referred to in the Notice to be marked in such
manner as he thinks necessary for the purpose of identification
and as he prescribes in the Notice, and the animal shall be marked
in his presence accordingly.
(2) It shall be unlawful to alter or obliterate any mark placed
upon an animal in accordance with the provision in this Article,
or to slaughter or move out of Ireland, or cause or permit the
slaughter or movement out of Ireland, of an animal so marked,
until the Notice in respect of such animal has been formally with-
drawn In the manner prescribed in Article 3 of this Order.
Exceptions.
5. Nothing in this Order shall prevent the
(a) slaughter of an animal under the powers conferred by the
Diseases of Animals Acts, 1894 to 1914, or any Order
made thereunder(a) ; or
(a) DISEASES OF ANIMALS ACTS AND RDERS. See Appendix VI. (6)
' Diseases oi Animals Acts and Orders."
Orders as to Maintenance of Live Stock in Ireland. 463
(b) slaughter of an animal the slaughter of which is certified
in writing hy a duly qualified Veterinary Surgeon to
he necessary or desirahle on account of accidental
injury to the animal or its illness ; or
(c) slaughter or movement out of Ireland of an animal if,
in the opinion of the Department, the slaughter or
movement out of Ireland is desirahle for any
exceptional reason or purpose, and the slaughter or
movement is authorised hy a licence granted by the
Department or an officer of the Department.
Powers of Inspectors.
6. Any Veterinary Inspector of the Department or, suhject
to the direction of the Department, any Inspector of a Local
Authority may enter any slaughterhouse or other premises on
which animals are slaughtered for human food and examine any
animals or carcases therein.
Revocation.
7. The Maintainance of Live Stock (Ireland) Order of 1915, so
far as the same has not already been superseded, is hereby
revoked, (a)
Interpretation.
8. In this Order " the Department " means the Department of
Agriculture and Technical Instruction for Ireland ; ' ' Veterinary
Inspector of the Department " means a person appointed tempor-
arily or otherwise by the Department to be a Veterinary Inspector
for the purposes of the Diseases of Animals Acts, 1894 to 1914;
'Local Authority" means the Local Authority under the
Diseases of Animals Acts, 1894 to 1914; '" Animals," as used in
Article 3, means cattle, sheep and swine.
Commencement .
9. This Order shall come into operation on the eighteenth day
of October, Nineteen hundred and seventeen.
Short Title.
10. This Order may be cited as the Maintenance of Live Stock
(Ireland) Order of 1917.
In Witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto set their
Official Seal this fifteenth day of October, Nineteen
hundred and seventeen.
( L - s -> T. P. Gill,
Secretary.
fSt H 1 O fqA N ikV f ( TREL f ND > RDER OF 1915That Order
(St. R. & O., 1915, No. 825) was so far as relating to swine, superseded by the
Maintenance of Live Stock (Breeding Sows) (Ireland) Order of 1916 p 460
464
Orders as to Maintenance of Live Stock in Ireland.
* Insert
place of
examination.
f Here insert
description of
animal re-
ferred to.
J Here insert
description of
brand marka,
etc., required,
if any.
First Schedule.
FORM OF NOTICE. ARTICLES 2 (2) AND 3.
To.
of.
Take Notice that I a Veterinary Inspector of the
Department of Agriculture and Technical Instruction for Ireland, having
examined at* af belonging
to of consider it
reasonably probable that such animal is in-calf ; and that I require the animal
to be marked in the manner following, that is to sayj
Signed
Veterinary Inspector of the Department of A griculture and Technical Instruc-
tion for Ireland at on the day of_
191 .
Read the endorsement hereto.
To be printed as endorsement on Form of Notice in First Schedule.
The Maintenance of Live Stock Act, 1915.
SECTION 2. If any person acts in contravention of or fails to comply with
any of the provisions of an Order made under this Act, or with a view to evade
the operation of any such order marks or alters or obliterates a mark on any
animal, or obstructs or impedes any officer in the execution of his powers or
duties under any such order, he shall, on conviction under the Summary Juris-
diction Acts, be liable to a fine not exceeding twenty pounds, or if the offence ia
an offence committed with respect to more than four animals to a fine not
exceeding five pounds for each animal.
The Maintenance of Live Stock (Ireland) Order of 1917.
Article 4. (1) A Veterinary Inspector of the Department serving a Notice
in the Form in the First Schedule to this Order may require the animal referred
to in the Notice to be marked in such manner as he thinks necessary for the
purpose of identification and as he prescribes in the Notice, and the animal shall
be marked in his presence accordingly.
(2) It shall be unlawful to alter or obliterate any mark placed upon an
animal in accordance with the provision in this Article, or to slaughter or move
out of Ireland, or cause or permit the slaughter or movement out of Ireland, of
an animal so marked, until the Notice in respect of such animal has been
formally withdrawn in the manner prescribed in Article 3 of this Order.
Second Schedule.
Insert de
scription of
the animal
referred to as
given in origi-
nal Notice.
f Insert here
description of
brand marks,
etc. (if any),
as in the origi-
nal Notice.
FORM OF WITHDRAWING NOTICE. ARTICLE 3.
To all whom it may concern.
Take notice that I,
Department of Agriculture and
withdraw the Notice signed by
191 in respect of a*
of
a Veterinary Inspector of the
Technical Instruction for Ireland, do hereby
.belonging to
on
and marked as follows : f
Signed.
at.
on the
.day of.
191
Sale and Distribution of Government Imported Cheese.
APPENDIX IV.
REGULATIONS FOR THE SALE OF
GOVERNMENT IMPORTED CHEESE
AND MEAT.
1. Cheese, p. 465. | 2. Frozen Meat, p. 468.
1. Cheese.
GENEHAL REGULATIONS OF THE BOARD or TRADE FOR THE SALE
AND DISTRIBUTION OF CHEESE IMPORTED FROM AUSTRALIA,
CANADA, NEW ZEALAND AND UNITED STATES ON ACCOUNT OF
His MAJESTY'S GOVERNMENT. (a) (b)
(Subject to alterations should occasion arise.)
IMPORTER'S SECTION.
(1) Imported cheese available for consumption by the civilian
population will be distributed by H.M. Government through
importers and wholesalers in the cheese trade, as agents, to
retailers for sale to the public at a flat rate throughout the
United Kingdom of Is. 4d. (one shilling and fourpence) per Ib.
DEFINITION OF IMPORTER. The trader who in the ordinary course
of trade is drawn upon by the shipper in the country of origin,
or who is the first hand receiver of draft, invoice and /or shipping
documents from shipper in country of origin.
(2) The importer, as agent for the Board of Trade, shall
dispose of the cheese entrusted to him by the Board of Trade to
wholesalers (or in special cases direct to certain retailers) who
were in the habit of getting supplies of such cheese from him
during the year 1916, and who nominate him in the official
application form as the source, or partial source of their supplies,
but all such distribution and .sales shall be subject to the discre-
tion of the Board of Trade and must be made to conform to their
B/egulations and Provisions.
(3) The cheese shall be passed on by the importer to the
wholesaler, or in special cases indicated in clause 2 to the
retailer, at Is. 2d. (one shilling and two pence) per Ib. terms
(a) CHEESE not BOUGHT BY BOARD OF TRADE. The Cheese (Requisition)
Order, 1917 (p. 124), provides that all cheese (other than that agreed to be
"bought by the Board of Trade) which shall after May 29th, 1917, arrive in the
United Kingdom from the United States of America, the Dominion of Canada,
the Commonwealth of Australia, or the Dominion of New Zealand shall be
placed and held at the disposal of the Food Controller.
The Maximum Prices for British-made cheese are prescribed by the Cheese
(Maximum Prices) Order, 1917 (p. 126), as subsequently amended.
(b) EVIDENCE OF BOARD OF TRAPE REGULATIONS. See Part X, 1, "Proof
of Regulations," pp. 437-439 of this Manual.
Sale and Distribution of Government Imported Cheese.
nett cash within T days, 3J per cent, allowance off marked
weights of New Zealand and Australian, and 2| per cent, off
Canadian and 3 per cent, off United States cheese; no further
allowance for short weight and /or slight damage, and without
recourse for quality.
(4) The importer shall invoice the cheese on Government forms.
(5) The importer shall receive from the Board of Trade a
commission for his services at the rate of 2 per cent., this
commission to cover del credere.
(6) The importer shall, on behalf of the Board of Trade, allow
the wholesaler a commission of 5 per cent, (to cover del credere),
which he may recover from the Board of Trade on lodging whole-
saler's receipt and the retailer's undertaking and receipt of the
cheese mentioned in clause 17 hereof. Wholesalers may retain
retailer's receipt for cheese referred to in clause 17 for production
to the Board of Trade when so required.
(7) The importer shall pay the Board of Trade, against delivery
order, 90 per cent, of the invoiced value of the cheese, and shall
forward to the Board of Trade account sales when the cheese
has been disposed of, together with the balance owing to H.M.
Government, from which he may deduct the authorised com-
missions.
(8) The importer shall take all risks pertaining to the cheese
from the date of receipt of the delivery order.
(9) In no case is the storage rent payable by the Board of Trade
to exceed 14 days from the date of the issue of the delivery order.
(10) An importer, who is also a wholesaler, or who, as agent
for the Board of Trade, sells cheese to retailers or distributes
cheese to his own retail shops, can only operate in one capacity
in the distribution of Government cheese, and, having applied
under a particular category and subject to the discretion of the
Board of Trade, he will require to obtain all his supplies of such
cheese according to the regulations laid down as applicable to
him in that capacity, >and will only be entitled to the remunera-
tion or profit due to that class of operator.
(11) In the case of an importer who is also a wholesaler and
distributes his cheese to a retailer, and who is operating under
the Government Scheme in the capacity of an importer receiving
2| per cent., he will receive, in the event of any such lots dis-
tributed not exceeding 6 boxes or 3 crates to one firm within one
week, and on such cheese only, the wholesaler's commission of
5 per cent., instead of 2| per cent.
(12) The importer shall pay, on behalf of the Board of Trade,
and /or allow, to wholesaler against vouchers all. railway carriage
or steamer freight necessary to deliver cheese to railway station
or port nearest to retailer to whom such cheese is sold, and shall
recover from the Board of Trade on lodging such vouchers and
wholesaler's receipt. So far as is possible these amounts are to
be deducted when rendering account sales.
Sale cmd Distribution of Government Imported Cheese.
(13) The importer shall take delivery of the cheese at the place
most convenient to the Board of Trade, and in order to minimise
transport in distribution the cheese should be distributed in the
areas served by the port at which delivery is taken.
WHOLESALER'S SECTION.
(14) On behalf of the Government the wholesaler shall sell
the cheese at Is. 2d. (one shilling and two pence) per 'lb. to
retailers who were in the habit of getting their supplies from him
in the year 1916 and who nominate him in the official application
form as the source or partial source of their supplies, but all
such distribution and sales shall be subject to the discretion of
the Board of .Trade and must be made to conform to their
Regulations and Provisions.
(15) The terms of sale shall be nett cash within 7 days, 3| per
cent, allowance off marked weights of New Zealand and Aus-
tralian cheese and 2J per cent, off Canadian, 3 per cent, off
United States; no further allowance for short weight and /or
slight damage, and without recourse for quality.
(16) The wholesaler shall invoice the cheese on Government
forms.
(17) The wholesaler shall receive from the Board of Trade
through the importer a commission for his services as agent for
the Board of Trade at the rate of 5 per cent, on the proceeds of
such cheese for which he lodges a retailer's undertaking and
receipt in prescribed form, his commission to cover. del credere.
(18) In the case of a wholesaler who is also a retailer or who
distributes cheese to his own retail shops, the same conditions
apply as set forth in clause 10 as applicable to importers who
are also wholesalers and /or retailers.
(ISA) A wholesaler who has also a retail business, and has been
accustomed to sell cheese both wholesale and retail, may continue
to do so. On cheese sold by him wholesale, he will receive only
the wholesaler's commission of 5 per cent., on cheese sold retail
in his own shops he shall be entitled only to the retail profit of
2d. per lb.
NOTE. In such cases, application for the oheese required
should be made on the wholesaler's (buff) form, and the wholesale
and retail quantities shown separately.
A separate application must also be made on the retailer's
(green) form for the quantity required for applicant's retail
trade. Both these application forms should be securely attached
to each other.
(19) The wholesaler shall pay railway carriage and steamer
freight on cheese to railway station or port nearest to the retailer
to whom he has sold such cheese, and may recover same from
the importer on lodging vouchers for such expenditure.
(20) The wholesaler shall supply retailer with Government
labels to be displayed with the cheese when offered for sale to
the public.
468 Sale of Government Frozen Meat.
RETAILER'S SECTION.
(21) The retailer shall sell the Government cheese supplied to him
at the uniform price of Is. 4d. (one shilling and four pence) per lb.,
and shall display prominently with the cheese the Government label*
supplied to him.
If it is shown to the Board of Trade that any importer, wholesaler
or retailer has contravened the foregoing Regulations he may, with-
out prejudice to any other action which the Board of Trade may take,
be struck off the list for their supplies.
I or we undertake to conform to the above Regulations and Conditions.
Si (i nature f
A ddras
1917
2. Frozen Meat.
GENERAL REGULATIONS OF THE BOARD OF TRADE FOR THE SALE OF
FROZEN MEAT IMPORTED FROM AUSTRALIA AND NEW ZEALAND
ON ACCOUNT OF HlS MAJESTY'S GOVERNMENT. (a)
1. On the arrival of cargoes of frozen meat from Australia
and New Zealand any meat not required for the Forces is to be
disposed of through the ordinary channels at the market rate of
the day of sale for consumption by the civilian population.
2. The firms to whom the disposal of the meat is to be entrusted
on behalf of the Board of Trade are to be those firms who in the
past have been in the habit of handling the various consign-
ments from the different freezing works. As a rule these
firms will be ascertained from the information which the
Australasian Governments have been asked to procure from the
freezing works proprietors and to forward with the Bills of
Lading.
3. The remuneration of the selling agents shall be a commission
of one per cent, on sales ex ship, and of two per cent, on other
sales ; this commission shall cover del credere.
(a) REQUISITION OF SHIPS AND OF INSULATED SPACES FOB CARRIAGE OF
FROZEN MEAT. An Order in Council of April 13, 1915 (St. R. & p., 1915,
No. 303), requistioned for the carriage of refrigerated produce the insulated
spaces in all British steamships usually engaged in trading* between the.
Commonwealth of Australia or the Dominion of New Zealand and the United
Kingdom.
A further Order in Council of Nov. 10, 1915 (1915, No. 1071), empowered the
President of the Board of Trade to requisition for the carriage of foodstuffs any
British ship registered in the United Kingdom.
These two Orders in Council are printed at pp. 400, 407 respectively of Vol. I.
of the Annual Volume of St. R. & O. for 1915.
Regulation 39BBB (3) of the Defence of the Realm Regulations (printed p. 55
of Sept., 1917 (monthly) edition of the Regulations) empowers the Shipping
Controller to requisition any ships or any cargo spaces in any ships " in order
that they may be used in the manner best suited for the needs of the country.'
Sale of Government Frozen Meat. 469
4. The selling agent may sell either ex ship or ex store, with
a warranty within thirty days after the importing vessel has com-
pleted discharge that the meat is sound as per " A. 1 : " clause in
ordinary insurance policies. The meat shall be sold on freezing
works' grade certificate without recourse against the sellers.
5. The selling agents shall sell the meat in the same manner
in which it has customarily been sold, so that it shall, as far as
possible, pass through the ordinary channels and in usual
quantities.
6. If a selling agent, in addition to selling on commission, has
been in the habit of buying meat on his own account for subse-
quent 'resale, either wholesale or through his own retail shops,
he may sell to himself at the market price(a) quantities pro-
portional to those which he has been in the habit of buying, but
he shall not receive any commission on such sales.
7. The selling agents shall disclose confidentially to Sir
Thomas Robinson the names of the buyers in every case in which
one hundred or more carcases of lamb or mutton or twenty-five
quarters of beef are sold to one buyer. In the case of sales of
smaller quantities the selling agents shall, if required, place their
books at the disposal of the Board of Trade in order that buyers'
names may be ascertained.
8. Buyers to whom meat is sold by the selling agents of the
Board of Trade shall purchase subject to the express condition
that they shall resell only to bond fide retailers. The buyers
shall, if required, place their books at the disposal of the Board
of Trade in order that their adherence to this Regulation may be
tested, (b)
9. The Incorporated Society of Meat Importers will publish
regularly in their periodical lists particulars of the prices al
which meat is from time to time sold on behalf of the Board of
Trade.
10. If it is shown to the Board of Trade that any selling agent
has contravened the foregoing Regulations, or has given undue
preference to any buyer either under Regulations 5 and 6 or
otherwise, or has made himself a party to any pro forma sales for
the purpose of avoiding the foregoing Regulations, he may, with-
out prejudice to any other action which the Board may decide
to take, be struck off the list of selling agents. If any buyer is
proved to have contravened the foregoing Regulations or has made
himself a party to any pro forma sales for the purpose of avoid-
ing them, he may, if the Board of Trade so direct, be refused
supplies in future.
11. The selling agents shall forward to the Board of Trade
account sales immediately after the sale of the meat, and shall
remit to the Board Ihe proceeds of sales as and when due.
(a) MARKET PRICK. i.e., as fixed by Board of Trade assessors.
(b) SALES BY WHOLESALER TO RETAILER. It was subsequently arranged
that the wholesaler in selling to the retailer should not add more than $d. per lb.
to the price at which he bought.
470 Output of Beer (Restriction) Acts as amended in Consolidated
Form.
APPENDIX V.
OUTPUT OF BEER (RESTRICTION) ACTS.
THE OUTPUT OF BEER (RESTRICTION) ACT, 1916 (6 & 7 GEO. 5,
C. 26) AS AMENDED BY THE OUTPUT OF BEER (RESTRICTION)
AMENDMENT ACT, 1916 (6 & 7 GEO. 5, c. 57) AND BY THE
FOOD CONTROLLER (TRANSFER OF POWERS) ORDER, 1917
(STATUTORY RULES AND ORDERS, 1917, No. 287) REPRODUCED
IN CONSOLIDATED FORM.
[In this consolidation, for which the Editor of the Manual is alone
responsible, all variations from the text of the first named, i.e.,
the " principal " Act as first enacted by Parliament, are denoted
by thick lines.]
1. (1) A brewer shall not brew at his brewery or breweries
during the first four(a) quarters to which this Act applies more
than the aggregate maximum barrelages for those quarters as
determined for the purposes of this Act, and shall not brew at
his brewery or breweries in any subsequent quarter to which
this Act applies more than his maximum barrelage for the
quarter as determined for the purposes of this Act.(b)
(2) If a brewer acts in contravention of this provision he
- shall be liable in respect of each offence to an Excise penalty
of one hundred pounds, and, in addition, to an Excise penalty
of two pounds for every barrel of beer brewed by him exceeding'
the maximum barrelage.
(3) This section shall not apply to brewers other than brewers
for sale.
2. (1) The maximum barrelage shall be determined by the
Commissioners in the case of each brewery and shall be, as respects
any quarter, the standard barrelage as defined in this section
with the addition as respects any quarter after the first quarter
of the surplus barrelage as so defined.
(2) The standard barrelage for the purposes of this section shall
be
(a) in the case of a brewery whicli was working during the
corresponding quarter in the year ending the thirty-
first day of March nineteen hundred and sixteen, the
n amber of barrels which appear to the Commissioners
to have been brewed at' the brewery in that quarter ;
and
(b) in the case of a brewery which was not working in the
corresponding quarter of that year, the number of
barrels which appear to the Commissioners to be
reasonable having regard to the average number of
(a) FIRST PERIOD FOR CHFCKING BREWINGS. The extension from " first
three " to " first four " quarters was effected by 6 & 7 Oeo. 5. c. 57, B. 1.
Cb) FrRTHER RESTRICTIONS ON OUTPUT OF BEER. See Clause 1 of the
Intoxicating Liquor (Output and Delivery) Order, 1917 (p. 72.)
Output of Beer (Restriction) Acts as amended in Consolidated 471
Form.
barrels brewed at the brewery during the time the
brewery has been working ; and
(c) In the case of any special brewery where the Commis-
sioners are satisfied that, owing to the transfer of a
brewing business or any other change in the circum-
stances of the brewery taking place after the thirty-
first day of March nineteen hundred and fifteen, the
standard barrelage as ascertained under the foregoing
provisions does not afford a proper standard of com-
parison or affords no standard of comparison, such
number of barrels as the Commissioners think just
having regard to the special circumstances of the
case;
reduced in each case by fifteen per cent. :
Provided that if a brewer gives notice to the Commissioners
before the first day of August nineteen hundred and sixteen
that he desires that the foregoing provisions of this section should
be applied to his brewery with the substitution of the year
ending the thirtieth day of September nineteen hundred and
fourteen for the year ending the thirty-first day of March nine-
teen hundred and sixteen and of thirty per cent, for fifteen per
cent., those provisions shall be applied to his brewery with those
substitutions, subject to the power of His Majesty by Order in
Council to withdraw this privilege as from a subsequent date
to be fixed by the Order in Council or to substitute any higher
percentages pro rata if, at any time after the expiration of six
months from the first day of April nineteen hundred and sixteen,
it appears that the rate of the total output of beer in the United
Kingdom is not reduced to below a rate of twenty-six million
barrels a year. (a)
Where the year ending the thirtieth day of September nine-
teen hundred and fourteen is adopted by a brewer under this
proviso for the purpose of computing standard barrelage, and
the brewer proves to the Commissioners that during or since the
year so adopted the brewer has closed any brewery at which beer
was brewed during that year either by the brewer himself or by
any person then in possession of the brewery, and that the brewery
was so closed as part of the private brewing arrangements of the
brewer and has not since been used as a brewery, so much of
any beer so brewed at the closed brewery as the Commissioners
think just in the circumstances shall be deemed to be beer brewed
at the brewer's brewery for the purpose of this section, (b)
(3) If any licensed premises shall, after the thirty-first day
of March nineteen hundred and fourteen, have been or be sold,
transferred, mortgaged, or leased to any brewer, the brewer shall
be entitled thereafter to supply to the licensed premises the
same quantity (less fifteen per cent.) of beer as has previously
been supplied to those premises, and if the beer has previously
Ord
a) ORDERS IN COUNCIL WITHDRAWING OR VARYING PRIVILEGE. No
ler in Council has (Oct 21, 1917), been issued under this power,
(b) ADDITION TO PKOVISO TO SI-CTION 2 (2). The provisions indicated by
the thick line were added by s. 2 of the Amendment Act (6 & 7 Geo. 5, c. 57).
472 Output of Beer '{Restriction} Acts as amended in Consolidated
Form.
been supplied by another brewer the maximum barrelage of that
other brewer shall be reduced by the amount of such supply,
and the maximum barrelage of the brewer to whom the premises
shall be so sold, transferred, mortgaged, or leased, shall be
similarly increased. The transfer of a mortgage on any licensed
premises shall be deemed to be a transfer of licensed premises
within this section. (a)
(4) For the purposes of this section the surplus barrelage shall
be, as respects any quarter, the number (if any) of barrels by
which the aggregate number of barrels brewed during the pre-
vious quarters to which the Act applies is less than the aggregate
standard barrelage for those quarters.
Restriction 3. A manufacturer's licence for a brewer for sale shall not after
on establish- the date of the passing of this Act be granted while this Act is in
o P era ^^ on except to a person holding such a licence and for the
same premises as those in respect of which the licence is held or
for premises substituted for those premises.
Effect of 4. Where the provisions of this Act interfere with any contract
Act on made by a brewer before the first day of April nineteen hundred
and sixteen to sell or supply beer or in connexion with the delivery
of beer, that contract shall be modified so as to conform with the
provisions of this Act in such manner as may be agreed upon
between the parties to the contract, or, in default of agreement,
determined in England by arbitration, in accordance with the
52&53Yict. Arbitration Act, 1889, in Scotland by a single arbiter to be
appointed by the sheriff, and in Ireland in accordance with the
19 & 20 Yict. Common Law Procedure Amendment Act (Ireland), 1856, and for
c. 102. the purposes of that Act, but subject to any agreement of the
parties to the contrary, this provision shall have effect in like
manner as a submission to arbitration by consent authorising a
leference to a single arbitrator and incorporating paragraph (t) of
the schedule to the Arbitration Act, 1889.
Supply of 5. (1) Any licence-holder, in so far as he is not bound by
beer to free any covenant, agreement, or undertaking to obtain a supply of
beer from any particular brewer, and who has, at airy time
anTto during the year ended the thirty-first day of March nineteen
onicers' and hundred and sixteen, been supplied with beer by any brewer or
sergeants' brewers, shall be entitled, on giving not less than fourteen days'
messes. notice in writing, to obtain from such brewer or brewers parti-
culars of the number of bulk barrels of each description of beer
supplied and also a certificate or certificates stating the total
number of standard barrels represented by the beer supplied
during each quarter of the year ended the thirty-first day of
March nineteen hundred and sixteen or such shorter period as the
supply has continued.
(2) The licence-holder shall, after forwarding any such certi-
ficate to the Commissioners, be entitled to obtain, during any
(a) SUSPENSION OF RIGHTS OF BREWERS. The rights of brewers under
section 2 (3) are suspended by clause 1 (4) of the Intoxicating Liquor (Output
and Delivery) Order, 1917 (p. 73), whilst that Order is in force.
Output of Beer '(Restriction) Acts as amended in Consolidated 47
Form.
corresponding quarter to which this Act applies, the same number
of standard barrels (reduced by fifteen per cent.) from any other
brewer who may be willing to supply him therewith, and in every
such case the maximum barrelage of the brewer ceasing to supply
the licence-holder shall be reduced by the amount stated in the
certificate (less fifteen per cent.), and that amount shall be trans-
ferred to the brewer who has undertaken to supply : Provided
that where the licence-holder .is himself a brewer for sale the
certificate shall not be used to obtain a transfer of barrelage to
himself, and that where a certificate forwarded under this section
relates to "any quarter in which the licence-holder is supplied with
beer by the brewer from whom he obtained the certificate, the
number of barrels which he is entitled to obtain from another
brewer, and which are transferred accordingly, shall be reduced
by the quantity with which he is so supplied.
(3) In this section the expression " licence-holder" means the
holder of an Excise licence authorising the sale of beer whether
wholesale or by retail ; and includes, where any licensed premises
have changed hands, the licence-holder for the time being; and
where any premises on which beer is sold are under the manage-
ment of the Central Control Board (Liquor Traffic), the Central
Control Board, (a) and where the holder of the licence is a manager
managing the licensed premises on behalf of any other person or
a tenant of any other person who controls the ordering of beer
for the premises, the person who so controls the ordering of the
beer.
(4) This section shall apply to registered clubs as it applies to
licensed premises, with the substitution of tlie person managing
the club for the licence-holder.
(5) Where, during the year ended the thirty-first day of March
nineteen hundred and sixteen, beer has been supplied by any
brewer to a canteen held under the authority of the Secretary of
State or the Admiralty, the same rights as are conferred under
this section upon a licence-holder shall be exercisable in respect of
that beer by the Secretary of State or the Admiralty, as the case
may be.
(6) This section shall apply to officers' messes and sergeants'
messes of units of the regular forces, the Royal Marines, the
territorial force, and any Imperial force, as it applies to licensed
premises, with the substitution of the officer commanding the
unit for the licence holder. (b)
6. The Food Controller may, at the request of the Army Special pro-
Council, grant a special certificate to any brewer authorising him vision as to
to brew beer in excess of the limits prescribed by this Act if the beer for
canteens.
(a) CENTRAL CONTROL BOARD. The constitution and powers of this Board
are derived from the Defence of the Realm (Amendment) No. 3 Act (5 & 6
Geo. 5, c. 42) and the Defence of the Realm (Liquor Control) Regulations
(St. R. & O., 1915, Nos. 552 and 997).
(b) AMENDMENT OF SECTION 5. What is here printed as a. 5 (6) forms a. 3
of the Amendment Act (6 & 7 Geo. 5, c. 57).
474 Output of Beer (Restriction) Acts as amended in Consolidated
Form.
addition is required for the use of military canteens, and the
amount of beer which that brewer is entitled to brew shall
thereupon be increased by the number of barrels stated in the
certificate, and this Act shall have effect accordingly. (a)
Definitions. 7. In this Act, unless the context otherwise requires,
The expressions ' ' brewer " and ' f brewer for sale ' ' have
43 & 44 Viet. the same meaning as in the Inland Revenue Act, 1880,
and include the Central Control Board (Liquor Traffic),
and the expression " beer " has the same meaning as in
10 Edw. 7. p art u of tne Finance (1909-10) Act, 1910 ;
C w.
The expression " brewery " means premises in respect of
which a manufacturer's licence to a brewer for sale is in
force ;
The expression ' ' barrel ' ' means the standard barrel con-
taining thirty-six gallons of beer of original gravity of
1,055 degTees;
The expression " quarter " means the three months com-
mencing on the first day of January, the first day of
April, fc^.e first day of July, and the first day of October
in any year ; and
The expression " Commissioners " means the Commis-
sioners of Customs and Excise.
Short title 8. This Act may be cited as the Output of Beer (Restriction)
and dura- Act, 1916, and shall apply to the quarter wEich commenced on
the first day of April nineteen hundred and sixteen and to every
subsequent quarter which commences during the continuance of
the present war.
(a) AMENDMENTS OF SECTION 6. Section 6 is here reproduced in the form
which it appears to take in consequence of the amendments made by s. 4 of the
Amendment Act (6 & 1 Geo. 5, c. 57) and the Food Controller (Transfer of
Powers) Order, 1917 (St. R. & 0., 1917, No. 287).
Manufacture of Agricultural Machines and Implements.
APPENDIX VI.
EPITOME OF ACTS AND ORDERS
MORE INDIRECTLY AFFECTING
FOOD SUPPLY OR PRODUCTION.
[The full text of all the Orders of the Minister of Food and of the
Agricultural Departments as to the Maintenance of Food Supply
and the enabling Defence of the Realm Regulations as in force
October 21st, 1917, will be found in Parts I to III and V to VII of
this Manual. As to subsequent legislation to January 31st, 1918,
see the Addenda at the end of this volume. The Corn Production
Act and Regulations will be found in Part IV and in the Addenda,
and the Maintenance of Live Stock Act and Orders and the Output
of Beer Restriction Acts in Appendixes III and V respectively.
This present Appendix comprises an epitome of Orders, &c., as
to Agricultural matters which, though outside the immediate
purposes of this Manual, are connected with Food Production.]
1. Agricultural Machines, Im-
9. Flax (Home Grown), p. 492.
plements, etc., p. 475.
10. Hay and Straw, p. 495.
2. Allotments, Small Holdings
11. Hides and Pelts, p. 498.
and Land Settlement, p. 477.
1 2 . Importation ( Restrictions on ),
3. Buildings (Agricultural),
p. 499.
p. 479.
13. Manures, p. 500.
4. Census Orders, p. 480.
14. Oils and Fats, p. 501.
5. Destructive Insects and
15. Road Materials, p. 505.
Pests, p. 481.
1 6. Sale of Food and Drugs Acts
6. Diseases of Animals Acts
and Orders, p. 505.
and Orders, p. 483.
17. Seeds, p. 507.
7. Exportation (Restrictions on),
18. Timber (Home Grown), p.
p. 484.
1508.
8. Fertilisers and Feeding Stuff's
19. Wool (Raw- Home Grown),
Acts and Orders, p. 491.
p. 509.
1. Agricultural Machines, Implements, Vehicles, and
Cart-Horse Collars and Hames.
[The full text of ALL Orders as to Machinery, Tools, Apparatus and
Vehicles will be printed in the " War Material Supplies Manual "
of which the 1st Edition covering to January 31st, 1918, is now
in the press.]
(3) Requisitioning of Cart- Horse
Collars, p. 476.
(4) Census of Implements, p. 476.
(5) Export and Import, p. 477.
(1) Manufacture of Implements^
p. 475.
(2) Supply of Cranes, p. 476.
(1) MANUFACTURE OF AGRICULTURAL MACHINES, IMPLEMENTS,
&c. By ^Order (printed p. .195 of the "Defence of the Realm
Manual," May, 1917, Edition) the Minister of Munitions pro-
hibited as from Jan. 10th, 1917, any person from carrying out,
except under and in accordance with the terms of a permit issued
under the authority of the Minister, any work consisting in the
manufacture or erection of any machine, implement, vehicle or
other article or any part thereof, designed or adapted or commonly
Supply of Cranes; Requisitioning of Cart-Horse Collars; Census
of Agricultural Implements.
used for agricultural or dairy purposes. The Order does not
prevent the completion of any work remaining to be done under a
contract in writing entered into before Jan. 10th, 1917, upon any
article of the nature aforesaid intended for use in thia country,
or the carrying out of any necessary repairs.
All applications with regard to this Order should be addressed
to the Director, Agricultural Machinery Branch, Armament
Buildings, Whitehall Place, London, S.W.I.
(2) SUPPLY OF CRANES. By an Order (printed p. 203 of the
" Defence of the Eealm Manual, " May, 1917, Edition) the
Minister of Munitions prohibited the sale or supply of any crane,
whether steam, electric, hydraulic, or hand-driven, except under
and in accordance with the terms of a permit issued under the
authority of that Minister.
Applications for permits should be addresed to the Director,
T.M.4 (Cranes), Ministry of Munitions, Armament Buildings,
Whitehall Place, London, S.W.I, giving full particulars of the
crane, maker's name and number of machine, name and address
of intending purchaser, price to be paid, and purpose for which
crane is required.
(3) REQUISITIONING OF CERTAIN CLASSES OF CART-HORSE COLLARS
AND HAMES. On Aug. 18th, 1917, the Army Council gave
Notice (London Gazette, Aug. 31st, 1917) of their intention to
take possession of all cart-horse collars and hames of the classes
specified below in the hands of makers, merchants, or other
persons in the 20 extensive areas mentioned in Schedule B
annexed to the Order, and not in regular use at the date thereof.
Any person (after this Notice) having in his custody or control
any such cart-horse collars and hames sells, removes or secretes
the same or deals with them in any way contrary to any permit
that may have been granted in respect thereof, will be guilty of
an offence against the Defence of the Realm Regulations.
All persons having in their custody or control cart-horse collars
or hames of the classes specified below are required to furnish to
the Director of Raw Materials, Imperial House, Tothill Street,
Westminster, S.W.I, all such particulars as are specified in
Schedule C annexed to the Order and such further and other
particulars as may be required by or on behalf of the Director of
Raw Materials and verified as he may direct.
Classes of Cart-Horse Collars and Hames.
1. Cart-Horse Collars, new or old, of the sizes 21 to 26 inches, fitted with
Hames with Hook Draught attachment.
2. Cart-Horse Collars, new or old, of the above-mentioned description, but
without Hames.
3. Hames, new or old, with Hook draught attachment to fit Cart-Horse
Collars of the sizes 21 to 26 inches.
(4) CENSUS or AGRICULTURAL IMPLEMENTS. An Order of the
Competent Military Authority (printed p. 506 of the " Defence
of the Realm Manual," May, 1917, Edition) under Reg. 15 of
the Defence of the Realm Regulations (printed ibi. p. 84) provided
for a census of all the classes of agricultural implements men-
tioned in Schedule B to that Order, which were on or about lands
and premises in Great Britain on April 21st, 1917.
(5) EXPORT AND IMPORT OF AGRICULTURAL MACHINERY. For
restrictions hereon see Appendix VI. 7. Exports, p. 488; 12.
Imports, p. 499.
Small Holdings, Allotments and Land Settlement in England and 477
Wales.
2. Allotments, Small Holdings and Land Settlement.
(1) In England and Wales, (2) In Scotland, p. 478.
p. 477.
(3) In Ireland, p. 478.
(1) In England and Wales.
The enactments with respect to Small Holdings and Allotments
in England and Wales were consolidated by the Small Holdings
and Allotments Act, 1908 (8 Edw. 7, c. 36). That Act confers
on county councils powers and duties of providing " small
holdings " (i.e., agricultural holdings exceeding one acre but not
exceeding 50 acres or 50 annual (income tax) Value) and of
purchasing or hiring land for the purpose either by agreement or
compulsorily. These powers, which are exercised through the
councils' small holdings and allotment committee can be dele-
gated to borough and urban district councils. On default of the
county council the Small Holdings Commissioners (who are
officially appointed by the Board of Agriculture and Fisheries)
act. The small holding may be sold or let to a cultivator who may
use it for keeping and breeding of livestock, poultry, or bees or for
fruit or vegetable growing, but if so sold cannot for 20 years be
divided or sublet without the county council's consent.
During the continuance of the war and 12 months thereafter
the Board of Agriculture and Fisheries may by agreement
purchase or lease land (to a limit of 6,000 acres) for the purpose
of providing experimental small holding colonies for ex-sailors
or ex-soldiers and other persons (6 & 7 Geo. 5, c. 38).
A further Act of the same year, 1916 (6 & 7 Geo. 5, c. 60)
empowers the Board of Agriculture and Fisheries or any county
or county borough council to accept and administer gifts for the
settlement or employment in agriculture on land of ex-sailors and
soldiers.
The Act of 1908 also imposes on borough, urban district, and
parish councils the duty of providing allotments at a reasonable
rent, and confers on such councils powers of purchasing or hiring
land for the purpose either by agreement or compulsorily, and
of appointing allotment managers. Outside boroughs, the county
council act through their small holdings and allotment committee
in default of the district or parish council, and in default of
the county council the Small Holdings Commissioners act.
An allotment must not exceed 5 acres and must not be sub-let.
The compulsory purchase of land for both ^small holdings and
allotments is governed by Regulations of March 24, 1908 (Statu-
tory Rules and Orders, 1908, No. 310) and December 7, 1908
(Statutory Rules and Orders, 1908, No. 1178) and compulsory
hiring of land for such purposes by further Regulations of March
24, 1908 (Statutory Rules and Orders, 1908, No. 309). These
Regulations were made by the Board of Agriculture and Fisheries
who are the central authority under both the 1908 and 1916 Acts.
In addition to the "district and parish council" allotments
there are allotments for the labouring poor of two varieties, viz.,
" inclosure act allotments" and "poor arid fuel allotments."
478 Small Holdings, Allotments and Land Settlement in Scotland and
Ireland.
(2) In Scotland.
The Small Holdings Act, 1892 (65 & 56 Viet. c. 31), whicli
now applies to Scotland only, confers on county councils the
power of acquiring land for " small holdings " whose area is
limited as by the 1908 English Act (see above). The small
holding may be sold or let to a cultivator, who may use it as in
the English case, and if so sold is subject for 20 years to various
restrictions.
During the continuance of the war and for 12 months there-
after the Board of Agriculture for Scotland may by agreement
purchase or lease land (to a limit of 2,000 acres three-fourths of
which must be arable) for the purpose of providing experimental
small holding colonies for ex-sailors, ex-soldiers and other persons
(6& 7Geo. 5, c. 38).
That Board or a county or town council may also accept and
administer gifts for the settlement or employment in agriculture
on land of ex-sailors and soldiers (6 & 7 Geo. 5, c. 60).
A second Act of 1892, the Allotments (Scotland) Act, 1892
(55 & 56 Viet. c. 54) empowers county, town, or parish councils to
purchase or hire lands for allotments. The allotment must not
exceed one acre, except where it is part of land hired compulsorily
by a parish council. In burghs there are allotment managers
appointed by the town council.
(3) In Ireland.
The Labourers (Ireland) Acts, 1883 to 1914 (as to the pro-
visions of which see the title '' Labourers Cottages, Ireland " in
the 1916 Edition of the " Index to the Statutes in Force ") provide
for schemes by rural district councils for the erection of labourers
cottages with plots of not exceeding one acre attached.
The Department of Agriculture and Technical Instruction for
Ireland or a county or county borough council can accept and
administer gifts for the settlement or employment in agriculture
on land of ex-sailors and soldiers (6 & 7 Geo. 5, c. 60).
The Local Government (Allotments and Land Cultivation)
(Ireland) Act, 1917 (7 & 8 Geo. 5, c. 30) empowers the Local
Government Board for Ireland to make orders authorising urban
district councils to hire land for allotments, and any district
council to supply manures, seeds and agricultural implements to
the holders or tenants of allotments, labourers plots, or small
holdings. Thereunder that Board made on December 17th two
Orders of which the Urban Allotments (Ireland) Order, 1917
(Statutory Rules and Orders, 1917, No. 1378) authorised the
letting to wage-earners of land hired by urban councils in allot-
ments not exceeding one-eighth of an acre and the supply therefor
of seeds, manure and implements, and the other Order (Statutory
Rules and Orders, 1917, No. 1377) provided for certain expenses
incurred in previously supplying manures and seed.
Licence for Building; Suspension of Building Contract.
3. Buildings (Agricultural).
(1) Licence for Building ) p. 479. I (2) Suspension of Building Con-
tract, p. 479.
(1) LICENCE REQUIRED FOR BUILDING on REPAIRS. An Order of
the Minister of Munitions (" Defence of the Realm Manual,"
May, 1917, Edit., p. 465) provides that the construction, altera-
tion, repair, decoration or demolition of buildings shall not be
commenced or carried on without a licence from the Minister.
Applications for licenses must be made in writing to the General
Secretary, Ministry of Munitions, 6, Whitehall Gardens, S.W.I,
giving full particulars of the description and locality of the work
the purpose for which it is intended and its estimated cost and
such further information as the Minister may require and appli-
cants must comply with restrictions or conditions subject to
which the grant of such licence may be made.
No licence is required where the work in question :
(a) is such that the total cost of the whole when completed
will not exceed 500 and the use of constructional steel
is not involved ; or
(b) is being or is to be carried out by or under contract with
(i) any Department of H.H.'s Government, or is
declared by any such Department to be a
Government contract for the purpose of the
Order, or
(ii) any local authority which has been authorised
by any Government Department since
March 25th, 1915, to borrow money in respect
of such work.
A further Order of July 25th, 1917 (St. E. & O., 1917, No. 912),
prohibits Sunday labour on any such work with the exception of
work for a Government Department who authorise Sunday work
thereon and the occasion of sudden emergencies.
(2) SUSPENSION OR ANNULMENT BY COURT OF BUILDING CON-
IRACT. Section 1 (1) of the Courts (Emergency Powers) Act, 1917
(7 & 8 Geo. 5, c. 25), empowers the Court upon an application by
any party to a contract for the construction of any building or
work or for the supply of any materials therefor entered into
before August 4th, 19 14, (a,) if satisfied that, owing to the pre-
vention or restriction of, or the delay in, the supply or delivery
of materials, or the diversion or insufficiency of labour, occasioned
by the present war, the contract cannot be enforced without
serious hardship, to suspend or annul the contract or stay pro-
ceedings for enforcement of the same.
(a) AUGUST 4TH, 1914. i.e., the date as from which a State of War existed
between Great Britain and Germany. See Notification printed p. 1 of the
" Manual of Emergency Legislation."
480 Orders providing for Agricultural Censuses.
4. Census Orders.
In pursuance of Regulation 15 of the Defence of the Realm
Regulations (p. 84 of the " Defence of the Realm Manual/* May,
1917, Edition) the Competent Military Authority made two Orders
dated April 17th, 1917, of which one (p. 506 of the same Manual)
provided for a Census of Cattle, Sheep, Pigs and Agricultural
Implements in Great Britain and other one (p. 503 of the same
Manual) for a Census of Horses and Mules in Great Britain
both returns to be made of ownership as on April 21st, 1917. By
a further Order dated May llth, 1917 (p. 505 of the same
Manual) a Census of Horses and Mules in Ireland was provided
for.
In pursuance of Regulation 15o (p. 87 of the same Manual) the
Army Council by Order of May 22nd, 1917 (pp. 525-532 of the
same Manual) required returns of acreage of crops and numbers
of live-stock as on June 4th, 1917, throughout Great Britain.
Destructive Insects ant]
cts and Orders.
481
5. Destructive Insects and Pests.
[Regulation 2it of the Defence of the Realm Regulations
empowers the Agricultural Departments to take action to prevent
injury to crops, trees, &c., by vermin or pests. That Regulation
is printed :
So far as applying to England and Wales, p. 320.
Scotland, p. 371.
,, ,. Ireland, p. 404.
and as so printed is accompanied by the Orders made thereunder
and affecting the respective parts of the United Kingdom.
Section 10 of the Corn Production Act, 1917 (p. 219) as applied
to Scotland by section 18 (1) (p. 224) and to Ireland by section 18
(2) (/) (p. 226) confers 011 those same Departments powers as to
similar matters which are suspended as to Great Britain, but in
force in Ireland.]
(1) Decretive Insects and Pests
Acts and Orders, p. 481.
(2) Noxious Weeds
p. 482.
in
Ireland.,
(1) Destructive Insects and Pests Acts and Orders.
(i) Acts of Parliament, p. 481.
(ii) Orders as to England and
p. 481.
(iii) Orders as to Scotland, p.
482.
(iv) Orders as to Ireland, p. 482.
(i) ACTS OF PARLIAMENT. The Destructive Insects Act, 1877
(40 & 41 Yict. c. 68), which was directed to the prevention of
the introduction into this country of the Colorado Beetle and the
destruction of and payment of compensation (by local authorities)
for crops thereby affected, was extended by the Destructive Insects
and Pests Act, 1907 (7 Edw. 7, c. 4) to all other insects, fungus
or pests destructive to crops, trees and bushes.
These provisions are administered under Orders made as to
England and Wales by the Board of Agriculture and Fisheries,
as to Scotland by the Board of Agriculture for Scotland (see
1 & 2 Geo. 5, c. 49, ss. 4, 28 (2) sch. 1), and as to Ireland by
the Department of Agriculture and Technical Instruction foi
Ireland, (a)
The General Orders made by the Agricultural Departments for
the three parts of the United Kingdom and now (Oct. 21, 1917)
in force are specified below : they are all printed for sale as
" Statutory Rules and Orders." In addition to these certain
local Orders have been made as to American Gooseberry Mildew,
and Wart Disease of Potatoes.
(ii) ORDERS AS TO ENGLAND AND WALES. The Destructive
Insects arid Pests Order of 1910 (1910, No. 467) provides for
notification of discovery of the Colorado Beetle and certain other
insects and pests, confers powers of entry, provides for action by
local authorities, imposes a penalty on sale or use for planting of
diseased seeds, etc.. and prohibits the sale of live specimens.
(a) AGRICULTURAL DEPARTMENTS. As to the Constitution of the three
Agricultural Departments, see the Introductory Notes to Part Y. (p. 257),
Part VI. (p. 341), and Part VII. (p. 379), respectively.
31b7 O
Destructive Insects and Pests Orders; Noxious Weeds in Ireland.
Three Orders, the American Gooseberry Mildew Order of 1911
(1911, No. 940), the American Gooseberry Mildew (Fruit) Order
of 1915 (1915, No. 517) and the American Gooseberry Mildew
(Infected Areas) Order of 1915 (1915, No. 533) provide for the
notification of, and precautions to be taken against, spread of
gooseberry mildew, and the American Gooseberry Mildew (Im-
portation of Fruit) Order of 1916 (1916, No. 438) prohibits the
landing in England and Wales of gooseberries from any place
outside Great Britain and the Channel Islands.
The Wart Disease of Potatoes (Infected Areas) Order of 1914
(1914, No. 1T4), the Wart Disease of Potatoes Orders of 1914
(1914, No. 220), and 19] 7 (1917, No. 198), and the Potatoes
(Corky Scab) Orders of 1914 (1914, No. 1034), provide for the
notification and precautions to be taken against the wart and
corky scab potato diseases and restrict the planting of potatoes on
places where disease has occurred.
(iii) ORDERS AS TO SCOTLAND. The Destructive Insects and
Pests Order of 1910 and the American Gooseberry Mildew Order
of 1911 (both of which were made before the Scottish powers were
vested in a separate Board) are also in force in Scotland.
Potato disease is in Scotland regulated by the Wart Disease of
Potatoes (Scotland) Order of 1913 (1913, No. 489) and the Corky
Scab of Potatoes (Scotland) Order of 1914 (1914, No. 1162).
(iv) ORDERS AS TO IRELAND. The Colorado Beetle (Ireland)
Order of 1877 (printed Statutory Rules and Orders Revised, 1904,
Vol. IV., " Destructive Insect,'' P- 3), is directed against the
spread of that insect.
The American Gooseberry Mildew and Black Currant Mite
(Ireland) Order, 1912 (1912, No. 1720) provides for the notifica-
tion and prevention of spread of those two diseases, and prohibits
the importation of gooseberry or currant bushes into Ireland
without a licence.
The Black Scab in Potatoes (Ireland) Order, 1908 (1908,
No. 777) provides for the notification and prevention of spreading
of that disease, and the Foreign Potatoes (Ireland) Order, 1910
(1910, No. 185) prohibits the landing in Ireland of any potatoes
from the continent of Europe.
(2) Noxious Weeds in Ireland.
Section 1 of the Weeds and Agricultural Seeds (Ireland) Act,
1909 (9 Edw. 7 c. 31) empowers the Department of Agriculture
and Technical Instruction for Ireland with the consent of the
council of any county, to make an order declaring that through-
out the county ragwort, charlock, coltsfoot, thistle, and dock or
all or any of those plants are noxious weeds.
Section 2 empowers the Department to serve upon the occupier
of any land (including in the case of a road the road authority
(see Section 9)) a notice in writing requiring him to cut down or
destroy noxious weeds. Contravention of a notice is an offence
punishable summarily.
Diseases of Animals Acts and Orders.
6. Diseases of Animals Acts and Orders.
The Diseases of Animals Act, 1894 (57* & 58 Viet. c. 57),
which consolidated the previous Acts relating to contagious
diseases of animals, as amended by subsequent Acts confers
extensive order making powers on the Board of Agriculture and
Fisheries (who are for this purpose the central authority for
Scotland as well as for England and Wales) and on the Depart-
ment of Agriculture and Technical Instruction for Ii eland.
The Orders are very numerous, nearly 5,000 having been made
by the Board of Agriculture and Fisheries alone since the 1894
Act was passed, and most of them are of a temporary and the
great majority of a local character.
None of these Orders are printed under the -Rules
Publication Act, but a full list of the General Orders in force on
December 31st, 1915, is given at pp. 17, 18 of the Index to
Statutory Powers and Rules and Orders in Force (1916 Edition)
and the Annual Volumes of Statutory Rules and Orders for each
year contain lists of all Orders made during the year. All these
Orders are published in the London or Dublin Gazettes : copies
of them can also be obtained from the two Departments above
named.
Certain of the Orders deal with specific diseases of animals
whilst others place restrictions on the importation of various
animals and of hay and straw, impose on railway companies the
obligation to provide water for animals carried on their railways,
and effect other objects connected with the health of animals or
the prevention of disease.
8167 Q 2
Restrictions on Exportation of Articles of Food and Drink.
7. Exportation (Restrictions on).
{The Imports and Exports (Temporary Control) Bill (H.C.
Bill 102) simplifies and continues for a period of three years
after the termination of the War the powers under which the
Proclamations and Orders of Council referred to under (1) and (2)
below have been issued.]
(1.) Restrictions on Exportation
from the United Kingdom
of Particular Goods under
Customs Acts, p. 484.
{2.) Restrictions on Exportation
from the United Kingdom
of Goods unless Consigned
as Specified, p. 489.
(3.) Restrictions on Exportation
from one part of the
British Islands to another,
p. 489.
(4.) Restrictions on Exportation
to the Enemy, *c v p. 490.
<1.) Restrictions on Exportation from the United King-
dom of Particular Goods under Customs Acts.
[Whilst this Manual was in the press, this part of the Appendix has
been revised to January 31st, 1918.]
By Proclamation of May 10th, 1917 (St. E. & 0., 1917,
No. 431), as amended by Orders of Council of June 22nd, 1917
(St. E. & 0., 1917, No. 587), August 14th, 1917 (St. E. & 0.,
1917, No. 828), August 28th, 1917 (St. E. & 0., 1917, No. 907),
October 18th, 1917 (St. R. & 0., 1917, No. 1070) and November
27th, 1917 (St. E. & 0., 1917, No. 1218) (reference to other
amending Orders not affecting matters within the scope of this
Manual being omitted) the exportation of inter alia the follow-
ing goods from the United Kingdom or Isle of Man was prohibited
as follows :
(1) Goods marked (A), to all destinations;
(2) Goods marked (B), to all ports and destinations abroad
other than ports and destinations in British Possessions
and Protectorates ;
(3) Goods marked (c), to all destinations in foreign
countries in Europe and on the Mediterranean and
Black Seas, other than France and French Possessions,
Eussia, Italy and Italian Possessions, Spain and
Portugal, and to all ports in any such foreign coun-
tries, and to all Eussian Baltic ports.
I. ARTICLES OF FOOD AND DRINK:
(A) Aerated and mineral waters ;
(A) Animals, living, for food;
(A) Arrowroot ;
(A) Baking powder ;
(A) Banana meal and banana Hour and preparations
containing the same ;
(A) Barley, barley meal, and pearled and pot
barley ;
(A) Bean flour and meal ;
(A) Beer and ale ;
Restrictions on Exportation of Articles of Food and Drink.
(A) Bread, Biscuits, and Cakes;
(A) Butter and Margarine;
(A) Caramel, liquid or solid ;
(A) Cassava powder ;
(A) Cereals, prepared foods wholly or partially
derived from :
(A) Cheese;
(A) Chicoiy:
(A) Cocoa, raw, and manufactures thereof; cocoa
husks ; and cocoa shells ;
(A) Coffee;
(A) Coffee essence, including' coffee essence contain-
ing chicory;
Condiments, the following:
(B) Mustard;
(A) Pepper;
(c) All other condiments except table salt ;
(A) Cornflour;
(A) Corn grits ;
(A) Eggs in shells, egg powder, and egg, yolk and
liquid :
(A) Farina ;
(A) Fish;
(A) Fruit, including nuts used as fruit, and fruit
preserves ;
(A) Game ;
(A) Ginger, crystallised or preserved ;
(A) Hominy;
(A) Honey, and articles, mixtures, and preparations
containing honey ;
(A) Lard of all kinds (including imitation lard) ;
(A) Lentil flour and meal ;
(A) Levulose ;
(A) Macaroni ;
(A) Malt, malt extract, and preparations containing
malt extract (see also under " Sugar ") ;
(A) Mandioca ;
(A) Meat of all kinds (including tinned and potted
meat), and extract of meat;
(A) Milk, condensed or preserved, milk powder
(see also under ; ' Sugar " ) ;
(A) Oatmeal and rolled oats ;
(A) Pea flour and meal ;
(A) Pickles:
(A) Potato flour:
(A) Poultry;
(A) Rennet powder, rennet extract, and other pre-
parations of rennet ;
(A) Rice and rice flour, and articles, mixtures, and
preparations containing rice or rice
(A) Rye and rye flour and meal ;
(a) PREPARATIONS CONTAINING RICE OR RICE FLOUR. e.g., face powder.
3167 Q 3
486 Restrictions on Exportation of Agricultural Products and
Adjuncts.
(A) Sago and sago flour and meal ;
(c) Sauces;
(A) Sausages;
(A) Semolina;
(A) Soups, compressed and desiccated ;
(A) Spaghetti;
Spirits :
(A) Spirits of a strength of not less than
43 degrees above proof ;
(A) Spirits, potable, of a strength of less
than 43 degrees above proof;
(A) Sugar and other sweetening substances :
Sugar (cane or beet), molasses, glucose,
saccharin, invert sugar, malt sugar
(maltose), and milk sugar (lactose) ; and
articles, mixtures, and preparations con-
taining sugar (cane or beet), molasses,
glucose, saccharin, and invert sugar; and
articles and preparations containing malt
sugar(a) ;
(A) Syrups which may be used as food for man :
(A) Tapioca and tapioca flour;
(A) Tea;
(A) Tomato pulp ;
(A) Vegetables of all kinds, whether fresh, dried,
preserved, canned or bottled ;
(A) Vermicelli;
(A) Wheat, wheat flour, and wheatmeal, and
articles, mixtures, and preparations con-
taining them ;
(A) Wine;
(A) Yeast, and articles, mixtures, and preparations
containing yeast.
II. OTHER AGRICULTURAL PRODUCTS AND ADJUNCTS.
(i) Flax.
(A) (Raw flax).
(ii) Forage and food which may be used for animals, the
following :
(A) Beans, all kinds, including haricots;
(A) Buckwheat;
(A) Cakes and meals, the following :
Biscuit meal ;
Calf meal;
Coconut and poonac cake ;
Compound cakes and meal;
Cotton seed cake, and cotton seed meal;
Fishmeal and concentrated fish ;
Gluten meal or gluten feed ;
(a) PREPARATIONS CONTAINING SUGAR, &c. e.g., blacking containing
molasses sngar-coated pills.
Restrictions on Exportation of Agricultural Products and 487
Adjuncts.
Ground nut or earth nut cake and meal ;
Herapseed cake and meal;
Husk meal;
Linseed cake and meal;
Locust bean meal;
Maize germ meal ;
Maize meal and flour;
Meat meal;
Palmnut cake and meal;
Poppy seed cake and meal ;
Rapeseed or colzaseed cake and meal ;
Sesame seed cake and meal ;
Soya bean cake and meal ;
Sunflower seed cake and meal;
Whale cake;
Whale meal;
(A) Chick peas;
price shall not exceed such prices as are set out in the Schedules
hereunder :
Schedule 1. (LONG HAY AND STRAW).
Maximum Prices per Ton which a Producer may not exceed.
Hay.
Oat
Straw.
i
Wheat
Straw.
To 31st December, 1917
31st January, 1918
,, 28th February, 1918
31st March, 1918
After 31st March, 1918
*.
5 10
5 12
5 15
5 18
6 1
d.
9
6
3
3
3
3
3
d
i
3
4
G
d.
6
6
2
2
2
2
')
.s.
11)
11
12
13
15
d.
3
6
9
The above prices are deemed to include the cost of carting to nearest railway
station or a distance equivalent thereto, but riot the cost of cutting, trussing
and tying, or baling.
Schedule 11 (LONG HAY AND STRAW).
Maximum Prices per Ton for Quantities exceeding 10 cwt. which a Seller may
not exceed.
i
Hay
Oat
Straw.
Wheat
Straw.
8.
d.
R.
d.
g.
d.
To
3 1st
December, 1917 ... i 7
10
5
4
10
7>
31st
January, 1918 ... ! 7
12
9
5
1
15
4
11
3
-5>
28th
February, 1918
7
15
6
5
3
4
12
6
1
31st
March, 1918... 7
18
3
5
4
(]
4
13
9
After 31st March, 1918
8
1
6
4
15
The above prices are deemed to include commission and all costs and charges
incurred, of whatever nature, for hay and straw delivered on to the consumer's
or purchaser's premises.
Schedule III. (LONG HAY AND STRAW).
Maximum Prices per Stone of 14 Ibs. for quantities of 10 cwt. or less, which a
Seller may not exceed.
.
Hay.
Oat Straw.
Wheat Straw.
-s. d.
d.
d.
To 31st December, 1917
1
8i
Ik
. 31st January, 1918
1 1
9
Q
. 28th February, 1918
1 1
9 8
31st March, 1918
1 2
9i 8*
After 31st March, 1918
1 2
9i
8i
The above prices are deemed to include commission and all costs and charges
incurred of whatever nature for hay and straw delivered on to the consumer's
or purchaser's premises.
Maximum Prices for Chopped Hay and Straw.
497
Schedule IV. (CHOPPED HAY AND STRAW.)
Maximum Prices per Ton for Quantities exceeding 10 cwt. which a Seller may
not exceed.
Chopped Hay
mixed with
Chopped
Chopped
20 per cent, of
Oat Straw.
Wheat Straw.
Chopped Straw.
I! 9. d.
*. d.
s. d.
To 31st December, 1917
7 10
500
4 10
31st January, 1918
7 12 9
5 1 6*
4 11 3
28th February, 1918
7 15 6
530
4 12 6
31st March, 1918
7 18 3
546
4 13 9
After 31st March, 1913
8 1
560
4 15
The
incurred
chaser's premises, excepting that where it is delivered in returnable sacks or bags
a sum equal to 7s. 6d. per ton may be added to the above prices.
above prices are deemed to include commission and all costs and charges
id of whatever nature for " chop " delivered on to the consumer's or pur-
Sckedule V. (CHOPPED HAY AND STRAW.)
Maximum Prices per Stone for Quantities of 10 cwfc. or less which a seller may
not exceed.
Chopped Hay
mixed with
Chopped Chopped
20 per cent, of Oat Straw: Wheat Straw.
Chopped Straw.
s. d.
d.
d.
To 31st December, 1917
1
H*
Ik
31st January, 1918
1 1
9
8
28th February, 1918
1 1
9
8
31st March, 1918
1 2
91
8|
After 31st March, 1918
1 2
9*
8i
The above prices are deemed to include commission and all costs and charges
of whatever nature for " chop " delivered on to the consumer's or purchaser's
premises, excepting that where it is delivered in returnable sacks or bags an
additional \d. per stone may be added to the above prices.
3. PERCENTAGE OF STRAW IN CHOPPED HAY IN GREAT BRITAIN.
An Army Council Order of May 9th, 19.17 ("Defence of the
Realm Manual," May, 1917, Edit., p. 208), provides that no
Chaffed or Chopped Hay shall be manufactured, purchased, sold
or delivered in Great Britain unless it contains not less than 20
per cent, of chopped straw.
4. RESTRICTION ON USE OF OAT STRAW IN ENGLAND. The same
Order of May 9th, 1917, as amended by the two Orders of
July 17th referred to under 1 and 2 above provides that no oat
straw shall in England or Wales be used for any purpose other
than the feeding of live-stock, except under licence from the
District Purchasing Officer of the District or County concerned
a list of whom is appended to the Order.
5. EXPORTATION OF HAY AND STRAW. For Restrictions as to this
see 7 " Exportation (Restrictions on) " (p. 487) above.
498 Prices of Hides and of Sheep and Lamb Pelts.
11. Hides and Pelts.
[The full text of ALL Orders as to Hides, Leather and Tanning-
Materials will be printed in the " War Material Supplies Manual ' r
of which the 1st Edition covering to January 31st, 1918, is now in
the press.]
1. HIDES (Ox, HEIFER, Cow AND BULL). An Army Council
Order of April 7th, 1917 (London Gazette, June 22nd, 1917),
provides, inter alia, that no Ox, Heifer, Cow or Bull Hides shall
be bought by or on behalf of any tanner or delivered to any tanner
or to any person on his behalf without a permit issued by or on
behalf of the Director of Army Contracts, or at prices other than
those set out in the annexed schedule or at such other prices as
in any particular case may be allowed by or on behalf of the
Director of Army Contracts.
Schedule.
Runts, Here-
fords and
Highlands.
Ox and
Heifer.
Cow.
Bull.
per Ib.
per Ib.
per Ib.
per Ib.
Firsts
10?d.
10d.
8|<*.
Sd.
Seconds j lOJd.
9|d.
8id.
7K
" Casualty," " Fallen " or "Chance" Hides of whatever description 8 pence
per Ib.
These prices are the maxima to be paid by Tanners for Hides dehorned and
properly trimmed according to the usual market custom.
2. SHEEP PELTS. An Army Council Order of April 9th, 1917
(London Gazette, April 13th, 1917) prohibits the purchase or sale
of sheep or lamb pelts at prices exceeding those specified in the
Schedule to the Order.
An Army Council Order of June 5th, 1917 (London Gazette,
June 8th, 1917), provides that no person shall without a permit
issued by or on behalf the Director of Army Contracts :
(a) purchase, sell, or make or take delivery of, or repayment
for, any Basils or Sheep Pelts at a price exceeding*
the average price received by the seller thereof for
Basils or Pelts of corresponding qualities and descrip-
tions during the month ending 31st May, 1917;
(6) sell any Basils or Sheep Pelts otherwise than in exchange
for a guarantee by the purchaser thereof that he
intends to put the said Basils or Pelts into work for
the purposes of a Government contract or order.
3. EXPORT AND IMPORT OF HIDES. For restrictions hereon see
Appendix VI. 7 (Exports), p. 488; 12 (Imports), p. 499.
Restrictions on Importation of Articles of Food, fyc.
12. Importation (Restrictions on).
[The Imports and Exports (Temporary Control) Bill (H.C. Bill
102) simplifies and continues for a period of three years after the
termination of the War the powers under which the Proclama-
tions referred to below have been issued.]
By the " Prohibition of Import (Consolidation and Amend-
ment) Proclamation, 1917" of March 30th, 1917 (St. E. & 0.,
1917, No. 284), as amended by the "Prohibition of Import
(No. 19)* Proclamation, 1917 " of August 29th, 1917 (St. E. & 0.,
1917, No. 916), and the " Prohibition of Import (No. 20)
Proclamation, 1917 " of November 16th, 1917 (St. E. & 0., 1917,
No. 1175) (reference to other amending Proclamations not
affecting matters within the scope of this Manual being omitted)
the importation of inter alia the following goods into the United
Kingdom or Isle of Man was prohibited :
I. ARTICLES OF FOOD AND DRINK :
Aerated, mineral and table waters.
Bacon.
Beer.
Birds, live, including quail but excluding other poultry and
game.
Bladders, casings and sausage skins.
Butter.
Cocoa, preparations of.
Cocoa, raw.
Coffee.
Fruit (canned, bottled, dried and preserved), except currants.
Fruit, raw, of all descriptions (except lemons and bitter
oranges), and almonds and nuts used as fruit.
Hams.
Hops.
Lard (other than neutral lard).
Lobsters, canned.
Salmon, canned.
Spirits and strong waters, of all kinds.
Sugar, articles and preparations containing, used for food
(except condensed milk).
Tea,
Tomatoes.
Vegetables, canned, bottled, dried, preserved, and in brine,
and pickles.
Wine.
Yeast,
II. OTHER AGRICULTURAL PRODUCTS AND ADJUNCTS:
Binder or reaper twine.
Bulbs, flower roots, plants, trees and shrubs.
Hides, wet and dry.
Machinery, agricultural and dairy.
Soya beans.
Wood arid timber of all kinds, hewn, sawn or split, planed
or dressed.
600 Supplies to Cultivators, and Maximum Prices of Manures.
13. Manures.
(1) SUPPLY OF MANURES TO CULTIVATORS. Provision as to the
supply of Manures to Cultivators is made as regards England and
Wales by Art. 5 of the Cultivation of Lands Order, 1917 (No. 2)
(p. 261), and Memorandum of the Board of Agriculture and
Fisheries (V), p. 295, as regards Scotland by Memorandum of
the Board of Agriculture for Scotland (p. 360) and as regards
Ireland by Memorandum of the Department of Agriculture and
Technical Instruction for Ireland (pp. 386, 391).
(2) MAXIMUM PRICES FOR CERTAIN MANURES. Maximum Prices
for Superphosphates were fixed by Order of the Minister of
Munitions dated August 20th, 1917 (London Gazette, August
21st, 1917) and for Compound Fertilisers by Order of that
Minister dated October 13th, 1917 (London Gazette, October 16th,
1917) : the latter Order provided for the giving to purchasers of
invoices stating the percentages of constituents in the fertilisers.
Under amending Orders (London Gazette, November 20th and
November 16th, 1917) the Orders do not apply to export from the
United Kingdom of superphovsphates except to the Channel
Islands and the Isle of Man nor to export of compound fertilisers
except to the Isle of Man.
By Order of October 17th, 1917 (London Gazette, October 19th,
1917) the Minister prohibited the sale of certain potassium com-
pounds without a licence from the Controller of Potash Produc-
tion.
The full text of all Orders of the Minister of Munitions relating
to these and similar substances will be printed in the " War
Material Supplies Manual " of which the 1st Edition covering to
January 31st, 1918, is now in the press.
(3) ANALYSIS AND SAMPLES OF MANURES. Provision is made as
to these matters by the Fertilisers and Feeding Stuffs Acts and
Orders as to which see 8 " Fertilisers and Feeding Stuffs/'
p. 491 above.
(4) EXPORT OF MANURES. Set 1 " Exports (Restrictions on) "
above.
Licences for Dealings in Oils and Fats.
501
14. Oils and Fats.
[NOTE. Since October 21st, 1917, the date to which Pait II. of
this Manual is revised, the Food Controller has made a series
of Orders relating 1 to Oils and Fats which will, as stated in
section II. 3 of the Introductory Note at the commencement
of this Manual, appear in the forthcoming new Edition of
that Part. As to restrictions on the export of oils and fats
$ee Appendix VI. 7 (Exports), p. 488.]
Under the Defence of the Realm Regulations the Minister of
Munitions has issiied the following- 5 Orders and Notices as to Oils
and Fats :
Date of
Order.
Subject of O*der or Notice.
Where published.
1917.
Mayl
May 9
May 22
June 19
Prohibition on certain dealings without
a licence and maximum prices for
certain seeds oils and fats.
New Schedule of Maximum prices
Licence for sales and purchases of seeds
for cultivation and of home made
tallow and grease.
Notice explanatory of terms of Orders...
Varied maxim am prices for castor and
palm oil.
Defence of the Realm
Manual (May, 1917,
Edition), p. 224.
ill, p. 226.
Hi, p. 228.
ibi, p. 228.
Lond. Gaz. June 22, 1917.
The administration of these Orders has been transferred to the
Ministry of Food and their present (October 21, 1917) effect is
as follows :
1. LICENCE REQUIRED FOR CERTAIN DEALINGS. No person
may purchase, sell or, except for the purpose of carrying
out a contract in writing existing prior to May 1st, 1917,
for the sale or purchase of any of the Articles specified in the
First Schedule hereto, deal in any of the said Articles, whether
situated within or without the United Kingdom, except under
and in accordance with the terms of a licence issued by or under
the authority of the Minister of Food or of a licence already
issued by the Ministry of Munitions.
But no licence is required
(i) By a seller for the sale of any of the said articles
situated within the United Kingdom in quantities not
exceeding one ton, provided that the total quantity of
all the said articles sold by him or on his behalf to
or on behalf of any one purchaser during any one
calendar month does not exceed five tons.
(ii) By a purchaser for the purchase of any of the said
articles situated within the United Kingdom in quan-
tities not exceeding one ton, provided that the total
quantity of all the vsaid articles purchased by him or
on his behalf in any one calendar month does not
exceed five tons.
502 Maximum Prices for Seeds, Nuts, Kernels, Oils and Fats.
First Schedule.
ARTICLES TO BE DEALT WITH UNDER LICENCE.
Seeds, Nuts and Kernels.
Castorseed. Linseed.
Gingelly (Sesame Seed). Palm Kernels.
Kapokseed. Shea Nuts.
Nigerseed. Cottonseed.
Rapeseed. Hempseed.
Sunflowerseed. Mowrahseed.
Copra . Poppyseed .
Ground Nuts.
Oils and Fats.
Castor Oil. Nigerseed Oil.
Gingelly (Sesame). Palm Oil.
Kapokseed. Rapeseed Oil.
Mowrahseed Oil. Sunflowerseed Oil.
Palm Kernel Oil. Seal Oil.
Premier Jus. Cotton Oil.
Soya Oil. Hempseed Oil.
Neutral Lard. Oleo Oil.
Acid Oils (from Refineries). Maize Oil.
Coconut Oil. Poppy seed Oil.
Ground Nut Oil. Shea Butter.
Linseed Oil. Tallow.
All applications for Licences should be addressed to
THE CONTROLLER OF OILS AND FATS,
Palace Chambers,
Westminster, S.W.I.
On May 9th, 1917, the Minister of Munitions gave notice that
he thereby licensed until further notice all sales and purchases
of special quality seeds of any of the descriptions referred to in
the said Orders specifically for cultivation, irrespective of quan-
tity, and also all sales and purchases of home melt tallow and
grease for any purposes and in any quantities.
2. MAXIMUM PRICES FOR CERTAIN SEEDS, NUTS, KERNELS,
OILS AND FATS. No person may purchase, sell or" deal in or
of er to purchase, sell or deal in any of the articles specified in
the Second Schedule hereto at a price exceeding the price set
opposite to the same in the Second Schedule.
But this restriction on price does not apply to any sale or
purchase of any of the said articles which (as stated above) is
authorised to be effected without any licence issued by or under
the authority of either of the Ministries.
Maximum Prices for Seeds, Nuts, Kernels, Oils and Fats.
503
Schedule.
MAXIMUM PRICES.
Per Ton.
s.
1. Seeds, Nuts and Kernels.
Castorseed 3T
Copra
Cottonseed ...
Gingelly (sesame)
seed
Groundnuts
Hempseed ...
46
19
32
32
30
Per Ton
s.
Linseed 30
Nigerseed 28
Palm kernels
East Coast ports 26
West Coast ports 26
Rapeseed ... 30
All the above prices are net prices for seeds, nuts and kernels
in bags ex ship, quay or warehouse in the United Kingdom.
, Oils and Fats.
Castor oil
Pharmaceutical
Ordinary
Coconut oil
Crude
Refined
Cotton oil-
Crude
Refined soap oil
Refined edible oil
American refined
Gingelly (sesame)
Groundnut oil
Ctude
Refined
Kapokseed oil
Crude
Refined
Linseed oil
Raw
Boiled
Per Ton.
oil
88
80
70
85
60
67
75
95
65
78
90
55
70
58
61
Per
Ton
Linseed oil
Refined
63
^l igerseed oil (crude)
60
Oleo oil
120
Palm kernel oil
Crude, extracted ...
51
Crude, crushed
52
Refined
67
Palm oil
Bleached
50
Unbleached
44
Premier jus
94
Rapeseed oil
Crude
66
Refined
71
Edible
81
Soya oil
Crude
60
Refined
75
Seal oil (crude)
60
Tallow (imported)
68
All the above prices are for oil or fat net naked ex ship, mill
or warehouse in the United Kingdom .
Packages may be charged extra at current market rates, but
not exceeding 4 per ton on the oil or fat, or (in the case of
Castor Oil sold for any special purpose in special packages)
such higher sum per ton (if any) as may from time to time be
authorised to be charged by the Controller of Oils and Fats.
504 Maximum Prices for Seeds. .V//.v. Kernels^ Oils and Fat*.
3. INTERPRETATION OF THE ORDERS. The expression " ex
ship " and all other expressions used in the said Orders, and the
Schedules thereto, are to be interpreted in accordance with
recognised trade or port customs or usages as to the meaning
of such expressions. The Orders do not, by fixing maximum
prices for dealings in such articles, or any of them, prohibit
(a) the observance of recognised trade or port customs or
usages with regard to dealings therein ; or
(b) the incorporation in any contract for sale or purchase at
the maximum price of any terms and conditions as to
arriving at weights, allowances for ullage, etc., which
it is customary to incorporate in contracts for the
sale or purchase of such article ; or
(c) the use, for dealings in any article at the maximum
price, of any recognised trade Association form of
contract for dealings in such articles.
4. INFORMATION AND RETURNS. All parties to any of the
transactions must :
(a) require or disclose (as the case may be) all such informa-
tion as may be necessary for or required by such
parties or by or under the authority of the Food
Controller for the purpose of satisfying them or him
that the provisions of the Orders have not been
contravened .
(6) make all such returns as to stocks, purchases, sales,
payments, prices and dealings in any of the articles
specified in the First Schedule above as shall from
time to time be required by or under the authority of
the Food Controller.
Restrictions on Transport of Road Materials. 505
15. Road Materials.
In pursuance ot Regulation OGG of the Defence of the Realm
Regulations which us amended confers powers on the Army
Council as to road stone quarries the Army Council by Order of
August 7th, 1917 (London Gazette, August 7th, 1917) took
possession of all road stone quarries in England and Wales except
those producing only gravel and flint.
By the Road Stone Transport Order, 1917 (London Gazette,
September 4th, 1917) the Army Council imposed various restric-
tions on the transport of quarried stone, slag, dehydrated tar,
tarred slag or tarred stone and similar material usable foi road
.construction and maintenance with a view to effecting economies
in transport and facilitating and maintaining the supply of such
material. The Order further provides for the abrogation of
impeding contracts.
Sale of Food and Drugs Acts and Orders.
16. Sale of Food and Drug's Acts and Orders.
The Sale of Food and Drugs Acts comprise 5 Acts passed in
18T5, 18T9, 1887, and 1899, and 1907.
I lie Acts, which are administered part by the three Agricultural
Departments, and in part by the three Local Government Boards,
are directed to securing that food and drugs shall be sold in a
pure state and prohibit the mixing with the article sold of
ingredients which are injurious or are intended to fraudulently
increase bulk, weight, or measure or to conceal inferior quality.
They provide as to the appointment and duties of analysts, and
as to warranties and invoices ; their provisions as to the latter
matter have been applied by certain Orders of the Food Controller
see the heading " Warranties and Invoices " in the Index.
The 1887 and 1907 Acts make provisions for the registration
of manufactories of butter, margarine and margarine cheese.
All the above enactments are fully indexed under the title
" Adulteration 1. Foods and Drugs " in the 1916 Edition of the
'' Index to the Statutes in Foice " and reference to the numerous
Regulations male by the administering Departments above-named
under the same heading in the 1916 Edition of the
" Index to Statutory Powers and Rules and Orders in Force."
The Law relating to milk and dairies was consolidated as to
Scotland by the Milk and Dairies (Scotland) Act, 1914 (4 and 5,
Geo., 5 c. 46) and extended provision made to secure the purity
of milk supplies, and as to England and Wales by the Milk and
Dairies (Consolidation) Act, 1915 (5 and 6 Geo., 5 c. 66). But
the operation of both these Acts has been suspended until a period
after the termination of the War.
Supply of Seeds to Cultivators; Export; Oleaginous Seeds. 507
17. Seeds.
Provision as to the Supply of Seeds to Cultivators is made as
regards England and Wales by Art. 5 of the Cultivation of Lands
Order, 1917 (No. 2) (p. 261) and Memoranda of the Board of
Agriculture and. Fisheries (pp. 265, 281) and as regards Ireland
by Memoranda of the Department of Agriculture and Technical
Instruction for Ireland, pp. 386, 391.
The Adulteration of Seeds Act, 1869 (32 and 33, Viet. c. 69) as
amended in 1878 makes it an offence to destroy the germinating
power of seeds or to apply .to them any process of colouring or
sulphur smoking.
As to the restrictions on export of certain seeds, see 7
" Exportation (Eestrictions on) " (p. 488) above, and as to
dealings in oleaginous seeds, see 14 " Oils and Fats " (p. 501)
above.
Since October 21st, 1917, the date to which Part II. of this
Manual is revised, the Food Controller has made Orders relating
to the testing of, and other provisions as to seeds. Such Orders
will as stated in Section II. 3 of the Introductory Note at the
commencement of this Manual appear in the forthcoming new
Edition of Part II.
508 Purchase or Sale of Home Grown Timber.
18. Timber (Home Grown).
[The full text of ALL Orders as to Timber Supplies will be printed in
the "War Material Supplies Manual" of which the 1st Edition
covering to January 31st, 1918, is now in the press.]
(1) PURCHASE OR SALE OF TIMBER. The Standing Timber
(United Kingdom) Order, 1917(a) (London Gazette, July 6th,
1917), prohibits any person without a permit issued by or on
behalf of the Controller of Timber Supplies from buying any
Standing Timber in the United Kingdom. This restriction does
not apply to any purchase of :
(a) Real Estate having Timber Standing thereon ;
(b) Standing Timber for an amount not exceeding in the
aggregate for any one purchaser in respect of any
period of 3 months the sum of 300.
The Home Grown Timber Prices Order, 1917 (London Gazette,
December 4th, 1917) made by the Board of Trade prohibits any
person from selling or purchasing any Timber grown in the
United Kingdom at prices exceeding the prices set out in the
Schedule thereto.
(2) PARTICULARS OF TIMBER PURCHASE OR SALE BUSINESSES.
An Order of April 2nd, 1917(a) (London Gazette, April 3rd, 1917)
requires all persons engaged in the purchase or sale of Timber
shall furnish such particulars- as to their business as may be
required by or on behalf of the Controller of Timber Suppliers.
(3) EXPORT OF TIMBER. The Export of Timber (Ireland)
Order, 1917 (London Gazette, December 7th, 1917) made by the
Board of Trade prohibits the export from Ireland to Great Britain
of round or sawn timber of any description grown in Ireland
without a permit issued by or on behalf of the Controller of
Timber Supplies.
For restrictions on the export of Timber from the United
Kingdom and the Isle of Man, see 7 " Exportation (Restrictions
on) " (p. 489) above.
(a) This Order, made by the Army Council, has effect as if made by the
Board of Trade. See Reg. 2jj (4) of the Defence of the Realm Regulations.
Sale of Raw Home Grown Wool. 509
19. Wool (Raw Home Grown).
[The full text of ALL Orders as to Wool will be printed in the " War
Material Supplies Manual " of which the 1st Edition covering to
January 31st, 1918, is now in the press.]
(1) SALE or RAW WOOL OF 1917 CLIP. '' The Sale of Wool
(Great Britain) Order, 1917 " (London Gazette, June 29th, 1917)
provides as follows :
1. No person shall sell raw Wool grown or to be grown on
sheep in Great Britain and the Isle of Man during the season of
1917, including Fleece Wool and Skin Wool, but not including
Baggings, Locks, Brokes, arid Fallen Wool, otherwise than to
persons authorised by or on behalf of the Director of Army
Contracts, or at prices other than those set out in the schedules
annexed to the Order or at such other prices as in any particular
case may be allowed by or on behalf of the Director of Army
Contracts.
2. No person shall sell raw Wool (as hereinbefore defined)
grown or to be grown on sheep in Ireland during the season of
1917 otherwise than in accordance with the provisions of the
Sale of Wool (Ireland) Order, 1917.
3. No person shall make or take delivery of or payment for
any Wool of the description aforesaid otherwise than in accord-
ance with the provisions of the Ordef , whether in pursuance 'of
any contract entered into prior to the date hereof or otherwise.
4. All persons having in their custody or control any stocks of
Wool of the description aforesaid are hereby required to sell such
Wool to any persons authorised by or on behalf of the Director
of Army Contracts as may be required by him or on his behalf,
and to make deliveries to such persons in such quantities and at
such times and places as may be specified by him or on his behalf.
5. No person shall mix or wind in any Fleeces of the descrip-
tion aforesaid any Brokes or dead Wool, Locks, Baggings or other
matter whatsoever.
(2) SALE OF RAW WOOL OF 1916 OK EARLIER CLIPS. This is
regulated by Orders printed pp. 249-257 and 562 to 564 of " The
Defence of the Realm Manual " (May, 1917. Edit.).
(3) RESTRICTIONS ON EXPORT OF WOOL. See 1" Exportation
(Restrictions on) " (p. 489) above.
51 Non-Vacation of Seat in House of Commons on transfer to another
Office.
APPENDIX VII.
RELIEF FROM VACATION OF SEAT IN AND
DISQUALIFICATION FOR MEMBER-
SHIP OF HOUSE OF COMMONS;
OFFICES OF PROFIT IMMEDIATE
SUCCESSION FROM THE ONE TO
THE OTHER OF WHICH DOES NOT
VACATE SEAT IN HOUSE OF COM-
MONS.
(1.) Offices of Projit immediate
succession from the one to
the other of which does not
Vacate Seat in House of
Commons, p. 510.
Relief from Disqualification
for Membership of House
of Commons, as regards
certain Contracts, p. 511.
(1.) Offices of Profit immediate succession from the one
to the other of which does not Vacate Seat in House
of Commons.
SECTION 52 OF THE REPEESENTATION OF THE PEOPLE ACT, 186T
(30 & 31 VICT. c. 102).
Where a person lias been returned as a member to serve in
Parliament since the acceptance by him from the Crown of any
office described in Schedule (H) to this Act annexed, the subse-
quent acceptance by him from the Crown of any other office or
offices described in such schedule in lieu of and in immediate
succession the one to the other shall not vacate his seat.
EDITORIAL NOTE. This section is in identical terms with those of s. 51 of
the Scottish Act (31 & 32 Viet. c. 48), and s. 11 of the Irish Act (31 & 32 Viet.
c. 49), saved that in the last named Act the Schedule is numbered " E." The
Schedule to each of the three Acts was as enacted in 1867 and 1868 in identical
terms, but it has been extended by numerous enactments, and certain
Ministerial Offices existing in 1867 are now obsolete. Alexander Pulling.
Dec. 31, 1917.
SCHEDULE H OF THE REPRESENTATION OF THE PEOPLE ACT, 1867
(30 & 31 VICT. c. 102), REPRODUCED IN THE FORM IT NOW
APPEARS TO ASSUME.
Offices of Profit referred to in this Act.
Lord High Treasurer.
Commissioner of His Majesty's Treasury.
President of the Privy Council.
Comptroller of His Majesty's Household. 9
Treasurer of His Majesty's Household.
Vice-Chamberlain of His Majesty's Household.
Relief from Disqualification for Membership of House of oil
4 Commons as regards certain Contracts.
Equerry or Groom in Waiting- on His Majesty.
Any Principal Secretary of State.
Chancellor and Under Treasurer of His Majesty's Exchequer.
Paymaster General.
Postmaster General.
Lord High Admiral.
Commissioner for Executing the Office of Lord High Admiral.
Secretary for Scotland.
Commissioner of His Majesty's Works and Public BuildiogB.
President of the Board of Trade.
Minister of Labour.
President of the Local Government Board.
President of the Board of Agriculture and Fisheries.
President of the Board of Education.
Chief Secretary for Ireland.
Chancellor of the Duchy of Lancaster.
Attorney General for England.
Solicitor General for England.
Lord Advocate for Scotland.
Solicitor General for Scotland.
Attorney General for Ireland.
Solicitor General for Ireland.
Minister of Munitions.
Minister of Pensions.
Food Controller.
Shipping Controller.
Director-General of National Service.
Minister of Reconstruction.
(2.) Relief from Disqualification for Membership of House
of Commons as regards certain Contracts.
>
SECTION 9 OF THE COURTS (EMERGENCY POWERS) ACT, 1917
(7&8GEO. 5, c. 25).
9. (1) Whereas by reason of the emergencies of the present Relief from
war members of the Commons House of Parliament have some- disq,ualifica-
times been, or may hereafter be, required to supply property to, tion for
or to permit the use thereof by, a Government department for membership
purposes connected with the present war, it is hereby declared Commons in
that none of the provisions of the House of Commons (Disqualifi- certain cases,
cation) Act, 1782, or of the House of Commons (Disqualifications) 22 Geo. 3.
Act, 1801, shall be construed so as to extend to a contract or c. 45.
agreement entered into during the present war as to the price 41 & eo * 3>
or compensation to be paid for any property so requisitioned Cl 52>
or taken or as to any other terms on which any property so
requisitioned or taken is to be handed over or supplied.
(2) This section shall not affect any legal proceedings instituted
T>efore the twenty-first day of February, nineteen hundred and
seventeen .
512 Payment and Allocation of Fines and Fee* in England and Wales.
*
APPENDIX VIII
PAYMENT AND ALLOCATION OF FINES
AND FEES IN ENGLAND AND WALES.
Section 5 of the Criminal Justice Administration Act, 1914
(4 and 5 Geo. 5, c. 58), which section has effect throughout
England and Wales but. not in Scotland or Ireland is as follows :
Payment "5. (]j ^ court of summary jurisdiction in fixing- the
" amount of any fine to be imposed on an offender shall take
tion of fines ( . . . ,
and fees. into consideration, amongst other things, the means 01 tne
'' offender so far as they appear or are known to the court; and
' ' where a fine is imposed the payment of the court fees and
11 police fees payable in the case up to and including conviction
>k shall not be taken into consideration in fixing the amount of the
' ' fine or be imposed in addition to the fine, but the amount of
" the fine, or of such part thereof as may be paid or recovered,
" shall be applied as follows:
" (a) in the first place in the repayment to the informant
or complaint of any court or police fees paid by
him;
" (b) in the second place in the payment of any court fees not
already pa*kl by the informant or complainant which
may be payable under the table of fees set out in the
First Schedule to this Act ;
" (c) in the third place in the payment of any police fees not
already paid by the informant or complainant; and
" (d) the balance (if any) remaining after the aforesaid pay-
ments have been made shall be paid to the fund or
person to which the fine is directed to be paid by the
enactments relating to the offence in respect of
which the fine was imposed, or, if there is no such
fund or person, then to the fund into which the court
fees are paid.
"(2) In this section the expression 'police fees' means all
" duly authorised fees payable to anv constable in the execution
"of his duty."
Court Fees in Summary Trials under Defence of the Realm 513
Regulations in England and Wales.
The Table of Court Fees yet out in the First Schedule to the
Act has been amended by Order of the Secretary of State dated
April 1st, 1915 (St. R. & 0., 1915, ISTo. 279) made under section
6 (3) of the Act.'
The following is a Table of such of these Fees as so amended
as appears to be applicable in the case of offences under the Defence
of the Realm Regulations Triable Summarily before Courts of
Summary Jurisdiction.
*. d.
NON-lNI)ICTABLE OFFENCES :
For the performance of all the several duties in respect
of an.y offence dealt with summarily (other than an
indictable offence dealt with summarily, in pursuance of
the Summary Jurisdiction Act, 1879, and any Act
amending the same) up to and including the conviction
or the dismissal of the charge (including any order and
recognizance under the Probation of Offenders Act, 1907,
and any order for sureties and any recognizance conse-
quent thereon), in respect of each defendant whether
charged jointly or separately ... ... ... ... 4
CASE FOR THE OPINION OF SUPERIOR COURT (20 & 21 VICT.
c. 43, SECTION 3) :
Drawing case and copy, when the case does not exceed
five folios of 90 words 10
For every additional folio beyond five ... ... ... 1
Taking recognizance as required by the Act ... ... 5
Every enlargement or renewal thereof ... ... ... 2 6
For certificate or refusal of case ... ... ... ... 2
CONVICTION :
For drawing up a conviction, when required, and
lodging same with the Clerk of the Peace (to include all
persons convicted on the same charge except in cases
where all persons convicted on the same charge cannot
be included in the same conviction) ... ... ... 2 6
COPY:
Of any document per folio of 72 words ... ... ... 4
DUPLICATE:
( One-half
For the duplicate of any document ... ... < ' ' 1
( fee.
EXAMINATION. (See Information.)
3167 It
514 Court Fees in Summary Trials under Defence of the Realm
Regulations in England and Wales.
EXHIBIT: ^ ^
Each document annexed to or referred to in any affidavit
or declaration and marked ... ... . . , ... 1 Q
HEARING :
When no order is made ... ... ... ... ... 1
INFORMATION :
Each information or examination (including oath) ... 1
OATH :
Every oath, affirmation, or solemn declaration not other-
wise charged ... ... ... ... ... ... 1 Q
(Vide note at end of table.)
RECOGNIZANCE :
Every recognizance ... ... ... ... ... ... 2 6
Notice to each person bound ... ... ... ... 6
SUMMONS :
Every summons (to include all the names included in
the >same churge or intended to be summoned as
witnesses in the same case for the prosecution or
defence if applied for at the same time) ... ... 1
Every copy ... ... ... ... ... ... 6
Backing summons for service from outside jurisdiction 1
WARRANT :
Every warrant of distress when not otherwise provided
for 2
To commit after conviction or order in which the con-
viction or order is set forth ... ... ... ... 2
Every other warrant ... ... ... ... ... 1
Return to warrant or endorsing warrant, including oath 1
Backing warrant for execution from outside jurisdiction 1
NOTE. Nothing herein contained shall be construed to author-
ise the demand of any fee for re-swearing any person to any
' examination.
The Court Fees set out in Part I. of the First Schedule to the
Act as thus amended have effect in all courts of summary jurisdic-
tion except the Metropolitan Police Courts and the Courts of the
City of London and are subsituted for any previous tables of fees,
and such fees, and 110 other f-ees may be charged by clerks to
justices.
The Fees in Metropolitan Police Courts were fixed by an Order
of the Secretary of State, February 16th, 1909, printed pp. 153-
155 of fne 5th (1911) Edition of the "Metropolitan Police
Guide."
Payment of Penalties in Metropolitan Police Courts. 515
Section 47 of the Metropolitan Police Courts Act, 1839 (2 & 3
Viet., c. 71) as amended by section 9 of the Metropolitan Police
Courts Act, 189T (60 & 61 Viet., c. 26) and by the Customs and
Excise Transfer Order, 1909 (St. R & 0. 1909, No. 19T) provides
as follows :
k ' 47 . Where by any Act or Acts any penalties or forfeitures, Penalties
"or shares of penalties or forfeitures, are or shall hereafter andforfeit-
, it- IP i ures to be
be made recoverable in a summary manner before any justice - d to the
" or justices of the peace, and by such Act or Acts respectively receiver,
"the same are or shall be limited and made payable to any except those
" body corporate, or to any person or persons whomsoever, save payable to in-
" the informer who shall sue for the same, or any party ^^penalties
" aggrieved, in every such case the same, if recovered or adjudged un der
' ' before any of the said magistrates(a) } shall be recovered for and Customs
" adjudged to be paid to the said receiver for the time being, Acts, &c.
' ' and not to any other person ; but this enactment shall not
" extend to any penalties or forfeitures recovered under any
" Act relating to the customs, or to trade or navigation, and
" sued for by the direction of the Commissioners of Customs
" and Excise which shall be paid to such person as the said
" commissioners shall direct to receive the same."
(a) i.e. before Metropolitan Police Court Magistrates.
3167 R 2
ANALYTICAL INDEX TO ACTS, REGULA-
TIONS, ORDERS, APPENDIXES, AND
INTRODUCTORY AND OTHER NOTES
AND TO ADDENDA.
517
[All the Index entries are in double form, i.e., they refer both to the
Section of the Act, Number of the Regulation, Short Title, or Date
of the Order in reference, and to the Page of this Manual on which
the document or editorial note referred to is printed. The entries
relating to matters not in force, whether owing to the Enactment,
Order, &c., having been revoked or having expired, or (as e.g.,
Part IV of the Corn Production Act being suspended in operation as
regards England, Wales and Scotland) are printed in italics. The
scope and arrangement of the Manual is explained at the com-
mencement of the Introductory Note (p. iii). Editor.'}
In this Index the following abbreviations are employed :
Art. ..
D.R. .,
E.
H.M. .
I.
Introd. ..
O.
Pt.
par.
a
Sch.
U.K.
Article.
Defence of the Realm.
England and Wales.
His Majesty the King.
Ireland.
Introductory Note.
Order.
Part.
paragraph.
Defence of the Realm Regulations.
Scotland.
Schedule,
the United Kingdom.
PAGE.
Abetting-. See AIDING OK ABETTING.
J4 Able-bodied man " denned for purposes of Pt. II. of Corn Pro-
duction Act, 1917 (s. 5 (9)) 215
Accepting- brewer denned by Intoxicating Liquor (Output and
Delivery) Order (No. 2), 1917 footnote (a) to p.
80
133
151
Accommodation Ittilk.
Defined for purpose of Clause 4 of Milk Order, 1917
Accommodation sale of potatoes permitted (Potatoes O., 1917, Art. 47)
Accounts of War Agricultural Executive Committees (Memoranda tinder
Cultivation of Lands O., 1917 (No. 3)) 286
of Local Authorities, under Art. 6 of Cultivation of Lands Order
(No. 2), subject to District Auditor's Audit (Memorandum XV 7 and
footnote (a) thereto) ... ... ^ >>t 268
Act Preparatory
to commission of prohibited act an offence (Reg. 48) 429
3167
518; Index.
PAGE.
Admiralty.
CONTRACTS. Necessity of complying with Admiralty requirements
defence to action for non-fulfilment of contract (Part XI.) ... 445
DESIGNS. Authorisation by Admiralty of use by Contractor of
registration design ; payment for such use (Reg. 8c) 13
EVIDENCE OP ORDERS. Documentary Evidence Acts apply to
Admiralty Orders (Part X., 1) 437
FOOD. Power for Admiralty to take possession of food, &c. (Reg. 2s)
Power for Admiralty to regulate dealings in food, &c. (Reg. 2B) 6
Food Powers of Admiralty (Part VII [.) 407,408
HORSES. Horses exclusively used for Admiralty purposes exempted
from rationing (Horses (Rationing) O. No. 2, 1917, Art. 2, Sch. 1) 61, 64
INVENTION, &c. Power for Admiralty to require particulars of
invention, &c., for better production of war material (Reg. 8cc) 14
SEAT IN PARLIAMENT OP LORD OF ADMIRALTY. List of Offices
of Profit immediate succession of one to the other of which
does not vacate seat in House of Commons ... 510
TRIAL OP OFFENCES. Powers of Admiralty as to Trial by court-
martial (Reg. 5G (6) (7) (13) (14)) <.. 418,419
Consent of required for certain cases, handed over for trial by jury,
to be dealt with by Court of Summary Jurisdiction (Reg. 56 (7) ) 419
Adulteration of.
Cattle and poultry foods under Fertilisers and Feeding Stuffs Act
(Appendix VI.. 8) 491
Foods (human) and Drugs. Under Sale of Food and Drugs Acts
(Appendix VI., 10) 506
Manures. Under Fertilisers and Feeding Stuffs Act (Appendix VI., 8) 491
Seeds. Under Adulteration of Seeds Act, 1869 (Appendix 17) ... 507
Advisory Committee (Customs and Excise).
Appointment of to assist Commrs. of Customs and Excise (Treasury
Rules (6) ) ... ... ... ... ... ... ... ... 77
Members, secretary, and address of committee
(footnote (a) to Treasury Rules (6) ) 77
Advisory Committee on Food Production in Ireland. See
FOOD PRODUCTION, IRELAND.
Aerated Waters.
Export of (Appendix VI., 7)
Import of (Appendix VI., 12) 499
Agents' Commission. Sec. COMMISSION.
Agricultural Employment.
INFORMATION ON CESSER. Duty in E. and S. to furnish information
on cesser of agricultural employment (including market garden-
ing and forestry) of male person of 16 years or over (Reg. 41AAA) 340,
Information to be sent in E. to . secretary of Agricultural Executive
Committee (Agricultural Employment O., 1917) 340
MINIMUM WAGE. See WAGES OF AGRICULTURAL WORKERS.
Agricultural Executive Committees, England and
Wales.
Outline of provisions as to (Introd.) ... ... xxiii
Power for Board of Agriculture and Fisheries to authorise formation
of such Committees (Reg. 2M (6) ) ... ... 272
NOTE. Reg. 2M as subsequently amended to Jan. 31, 1918, is
printed in the Addenda 620-623
Appointment of executive committees by Board of Agriculture and
Fisheries for each administrative county in England and Wales,
and delegation to same of powers of Board, except as to deter-
mination of tenancies (Cultivation of Lands O.. 1917 (No. 8) ) ... 273
Cultivation of Lands O., 1918, of January 11, 1918, revoking previous
Orders (Addenda) 617-619
Index.
PAGE.
Agricultural Executive Committees, England and
Wales continued.
Exercise by Town Council's consent of powers within County
Boroughs (Cultivation of Lands (County Boroughs) O., 1917) (Addenda) 1)27
Committee for Birmingham and powers
(footnote (a) to Art. 4 of Rabbits O.) 332
Summary of Board of Agriculture and Fisheries Memoranda as to :
Constitution of Committees .................. 277
Control by the Board .................. 277
Sub-Committees ..................... 278
Staff of Committees ..................... 284
Accounts and Expenses .................. 286
Office accommodation .................. 291
Supply of maps ... ... ... ... ... ... ... 291
Utilisation of Valuation Records ... ... ... ... ... 291
Insurance of buildings, &c ................... 291
Sanction by Committee to entry on land by councils (Cultivation of
Lands O., 1917 (No. 2) ) .................. 261
Powers of as to drainage of lands and prevention of floods (Drainage
of Lands Orders, 1917) ............... 307,313
Memoranda thereunder ... ... ... ... ... 309, 311, 314
NOTE : These Drainage of Lands Orders are revoked by Art. 15
of the Cultivation of Lands Order, 1918, of Jan. 11, 1918
(Addenda) ..................... 619
Authorisation by for destruction of :
Pheasants (Destruction of Pheasants O., 1917) (No. 2) ...... 324
Memoranda by Board of Agriculture and Fisheries there-
under ..................... 326
Rabbits (Rabbits O., 1917) .................. 331
Memoranda by Board thereunder ... ... ... ... 332
Books (Rookeries O., 1917) ........ ' ......... 328
Memorandum by Board thereunder ... ......... 329
Power of to authorise entry on land for purpose of Pheasants (Rear-
ing) Order. 1917 ..................... 323
Memorandum of Board thereunder ... ... ... ... 324
Notice to of person ceasing to be employed in agriculture (Agricultural
Employment O., 1917) ..................... 340
Power for Committee to issue licences to part with horses in case
of an agricultural holding situated wholly or partly in the admin-
istrative county under that Committee's control (Sale of Horses O.,
1917) ........................... 336
Power coming into force Aug. 21, 1918, or on termination of War,
for Board of Agriculture and Fisheries to authorise persons
consisting primarily of members of Agricultural Executive Com-
mittees, to exercise any of the powers as to cultivation of land and
protection of crops specified in Part IV. of Corn Production Act,
.ll2 ........................ 220
Agricultural Executive Committees (District) Scotland.
Outline of provisions as to (Introd.) ... ... ... ... ... xxvi
Power for Board of Agriculture for Scotland to authorise formation
of such Committees ( Reg. 2M (6) ) ............... 351
NOTE : Reg. 2M as subsequently amended is printed in the Ad-
denda ........................ 629
Summary of circular letters and memoranda issued by the Board :
Scottish Food Production Departmental Committee appointed by
Secretary for Scotland to enquire into question of food pro-
duction in S. (Memoranda. I) ............... 353
First formation and first duties of Executive Committees
(Memoranda, II, 1, 2) .................. 353
Area of Executive Committees (Memoranda, II, 3) ......... 354
Agricultural machines to be provided by co-operation organised by
Executive Committees (Memoranda, VI) ... ... ... ... 362
Compulsory action by Board where necessary (Memoranda, VII. 6) 364
Compulsory Orders of Board (Memoranda, IX) ......... 365
3167 R 4
520 Index.
PAGl.
Agricultural Executive Committees (District) Scot-
land continued.
Summary of circular letters and memoranda issued by the Board
continued.
Constitution of Executive Committees (Memoranda, III, 2) 357
Cultivation, powers of Executive Committees to issue directions as
to (Reg. 2M (1) (0; Memoranda, IV, 2) 350,359-
Increased cultivation in 1918 (Memoranda, VII) 362-364
Deer forests, recommendation of Departmental Committee, and
intimation by Board, as to use for grazing sheep and cattle
(Memoranda, VIII) 365
Duty of Executive Committees (Memoranda, II, 2) 354
Entry on land by Board recommended by Executive Committees
in special cases (Reg. 2M (1) (a) ; Memoranda, IV, 3) ... 350, 360
Executive Officer to be appointed by each Committee (Memoranda
VII, 2) 363
Expenses of Executive Committees (Memoranda, 111,4) ... ... 357
Grass parks, breaking up of by Executive Committees (Memoranda
VII, 7) ... 364
Horses to be provided by co-operation organised by Executive
Committees (Memoranda, VI) 362
Leases, power of Executive Committee to override restrictive
clauses (Reg. 2M (2) ; Memoranda, IV, 1) 351, 358
Ploughing of larger area than that authorised by lease
(Memoranda, X) 367
Local Committees to be organised by Executive Committees
(Memoranda, V) 361
Local enquiries by members of Executive Committees (Memoranda,
VII, 4, 5) 363
Local representatives of Executive Committees (Memoranda, VII, 3) 363
Manuring. Arrangements for supply of fertilisers by Executive
Committees (Reg. 2M (1) (e) ; Memoranda, IV, 4) 350, 360
Ploughing of larger area than that authorised by lease (Memoranda
X) ' 367
Possession taken of land by Board on recommendation of
Executive Committee in special cases (Reg. 2M (1) (a) ;
Memoranda, IV, 3) 350,360
Procedure of Executive Committees (Memoranda, II, 5) 355
Staff of Executive Committees (Memoranda, III, 3) 357
Stock, displacement of by action of Executive Committees
(Memoranda, VII, 8) 364
Women's work on Executive Committees (Memoranda, 11,4) ... 355
Power, coming into force, Aug. 21, 1918, or on termination of War,for
Board of Agriculture for S., to authorise persons consisting
primarily of members of District Agricultural Executive Com-
mittees, to exercise any of the powers as to cultivation of land and
protection of crops specified in Part IV. of Corn Production Act,
1917 (s. 11 (2)) ... .... 220
Agricultural Holding*.
Defined as agricultural or pastoral land, or land cultivated for market
gardening (Reg. 2T) 335
Reduction of acreage cultivated with hops in E. to one-half holding of
June, 1914 (Reg. 2XN ; Memoranda thereunder, I.) ... ... 316,317
Army Council Order providing for agricultural returns in E., W.,
and S. (Appendix VI., 4) "* 480
Power for three Agricultural Departments to require agricultural
returns as to crops and live stock (Corn Production Act, 1917, s. 15) 223-
Authorisation by Board of Agriculture for S. for occupier of holding
in S. to enter adjoining moorland, woodland or heath, to take and
kill rabbits, between July 1 and April 30 following (O., June 14,
1917)
Restriction on raising rent (Corn Production Act, 1917, s. 8) ..- .- 215
Cultivation of. See CULTIVATION OF LANDS.
Compulsory tillage in Ireland. See COMPULSORY TILLAGE, I.
Index.
PAGE.
Agricultural Machines, Implements and Vehicles.
Prohibition on manufacture or erection (Appendix VI., 1 (1)) 475
Census of agricultural implements (Appendix VI., 1 (4) ) 476
Export of (Appendix VI., 7) 488
Import of (Appendix VI, 12) 499
Provision of implements by Local Authorities in E. (Art. 5 of Cultiva-
tion of Lands O., 1917 (No. 2), and Memoranda thereunder, IX.) 261, 265
Provision of, by District Agricultural Executive Committees in S.
(Memoranda, VI) 362
Provision of, by Department of Agriculture and Technical Instruc-
tion for Ireland in I. (Memoranda (2), III) 387, 389
Requisition of, by Boards of Agriculture for E. and S. (Reg. 2M (1) (ft)) 270
Power delegated to Agricultural Committees in E.; establishment
of Machinery sub-committees under War Agricultural Executive
Committee (Art. 13 of Cultivation of Lands O., 1917 (No. 3) ; Memo-
randa thereunder, III) 276,281
Duties of Machinery Officer (Art. 3 of Cultivation of Lands O., 1917
(No. 3); Memoranda thereunder, IV.) 275,285
Supply by Irish Urban Councils (Appendix VI 2 (3)) 478
Agricultural Rents. See RENTS.
Agricultural Wag*es Boards and Committees. to p. 268
Authorities for Delivery of Wine and Spirits. See SPIRITS ;
WINE.
Average price for wheat or oats to be calculated in accordance with
Corn Returns Act, 1882, and with regard to minimum price fixed bv
Part I. of Corn Production Act, 1917 (as. 1 and 2 of the latter Act) 210, 211
Bacon.
Included in " meat " for purposes of Order (Public Meals O., 1917) ... 158
Maximum prices fixed for sale by importer, manufacturer or curer
(Bacon, Ham and Lard (Maximum Prices) O., 1917) 21
Maximum prices of certain descriptions of bacon varied (General
Licence of Sept. 21, 1917) 23
Bag s. See PACKAGES.
Baking: Powder.
Export of ( Appendix VI, 7) 484
Bail.
Application for to competent naval or military authority by :
person arrested on suspicion ; discharge by police on his entering
into recognisance or finding caution (Re?. 55) 429
( alleged offender in custody ; admission to bail by justice of the
peace (Reg. 56 (10) 422
Release on by police of person arrested on suspicion for summary
offence (Reg. 55) ... 429
Fees on recognizances in E. (Appendix VIII) 512
Banana.
Export of banana meal and flour (Appendix VI. 7) 484
Bar. See PUBLIC BAR.
Barley.
EXPORT of barley, barley meal, pearled and pot barley prohibited
(Appendix VI, 7 1 484
Manufacture of MALT from barley, etc., restricted (Brewers (Malt
Purchases) O., 1917) 68
MIXTURE WITH WHEATEN FLOUR. Percentage (Manufacture of Floui
and Bread Orders Nbs. 2 and 3) ...32,36
PRICE of Barley of 1916 Crop (Wheat, Barley and Oats (Prices) O., 1917) 37
Maximum price of 1917 Crop and terms of trading fixed ; sales to be
by weight (Grain (Prices) O., 1917) ... ... 49
RATIONS. Barley flour and meal included in " flour " for rationing by
bulk (Public Meals O., 1917) .". 158
REQUISITION of Barley (Barley Requisition ()., 1917) ... 38
USE of barley restricted to seed and manufacture of flour ; barley flour
only to be used for human food ; prohibition on damaging barley
(Barley (Restriction) p., 1917) 52
Power for Local Authorities
in E. to enforce, and prosecute under Barley (Restriction) Order
1917 ... 52,192
in S. to enforce Barley (Restriction) Order, 1917 52
Enforcement now by food committees. See ADDENDA 1 603
Index.
PAGE.
Barrel. Defined for purposes of Output of Beer (Restriction) Act,
1916 (S. 7 of that Act as amended) 474
Barrelagre. See BEER.
Beans.
Mixture of with wheaten flour (Manufacture of Flour and Bread Orders,
NOB. 2 and 3) 32,36
Equivalent proportion to oats for rationing horses (Horses (Rationing)
O. No. 2, 1917, Art. 3 ( &)) 62
Beans (except Burmah beans) imported into U.K., requisitioned by
Food Controller (Beans, Peas and Pulse (Requisition) O., 1917) ... 25
Maximum prices fixed ; to be sold by weight and for human food
only (Beans, Peas and Pulse (Retail Prices) O , 1917) 26
Winter-sown beans in Great Britain to be used for seed only until
Dec. 1st, 1917 (Winter Beans O., 1917) 28
Export of bean flour and meal, and all kinds of beans for animal
food (Appendix VI., 7) 484
Power for Local Authorities
in E. to enforce, and prosecute under Beans, Peas and Pulse
(Retail Prices Order), 1917 26,192
Winter Beans Order, 1917 28,192
in S. to enforce Beans, Peas and Pulse (Retail Prices) Order, 1917 26
Winter Beans Order, 1917 28
Enforcement now by food committees. See ADDENDA I. ... ... 603
Beef. See MEAT.
Beer.
Defined for purposes of Brewers (Malt Purchases) Order, 1917, and
Beer (Prices and Descriptions) Order, 1917 68, 80
Limit on brewer's output ; standard barrelage fixed by Commis-
sioners of Customs and Excise ; restriction on establishment of
new breweries ; supply of beer to free licensed houses and officers'
and sergeants' messes ; special provisions as to beer for canteens
(Output of Beer (Restriction) Act, 1916, as amended) 470
Restriction on output of (Intoxicating Liquor (Output and Delivery)
O., 1917) 71
Increase of maximum barrelage (Intoxicating Liquor (Output and
Delivery) O., No. 3, 1917) 78
Sales of draught beer of a certain gravity, in licensed premises having
a public bar, to be by imperial measure and at a fixed maximum
price (Beer (Prices and Description) O., 1917) 80
Export of beer (Appendix VI., 7) -. 484
Import of beer (Appendix VI., 12) 499
Beverages. See also BEER ; SPIRITS ; TEA.
Charge for excluded from Is. 3d. meal maximum (Public Meals O., 1917,
Art. 7) 159
Charge for included in Qd. tea maximum (Cake and Pastry O., 1917,
Art. 8) 40
Export and import of aerated mineral waters (Appendix VI., 7, 12) 484, 499
Bird.
All kinds killed for food " poultry and game " within Order (Public
Meals O., 1917, Art. 9) 160
Import of live birds (Appendix VI., 12) ... 499
See GAME ; ROOKERIES ; WILD BIRDS.
Birmingham City. See also COUNTY BOROUGHS.
Agricultural Executive Committee for
(footnote (a) to Art. (4) of Rabbits O., 1917) 332
Power for Committee to issue licences under Reg. 2 r r (Sale of Horses
O.,1917) 336
Index.
PACK.
Biscuit.
No biscuit shall contain more than 15 per cent, of sugar (Cake and
Pastry O., 1917) 39
Reckoning of weight of flour and sugar in (Public Meals O., 1917,
Art.4(e)) .' 159
Export of biscuits (Appendix VI., 7) 484
Bitter Orangres. See FRUIT.
Black Currant Jelly excepted from Jam (Prices) Order, 1917 .., 107
Black Game.
Authorisation by Boards of Agriculture of killing, taking, &c., black
game (Grouse and Black Game (B.and W.) O., 1917 ; Grouse and Black
Game (S.) O., 1917) 321,375
Board of Agriculture and Fisheries.
CONSTITUTION. Constitution and General Powers of Board (Introd.
Note to Pt. V.) ... 257
AGRICULTURAL EMPLOYMENT. Necessity for employers to inform
Board, or person fiuth' rised by them, of cesser of agricultural
employment of male person of 16 years or over (Reg. 41AAA as
applying to E.) 340
Notice to be sent to Agricultural Executive Committee (Agricultural
Employment O., 1917) ... ' ... ... 340
And see WAGES FOR AGRICULTURAL WORKERS, E.
AGRICULTURAL RETURNS. Power for Board to require returns
(Corn Production Act. s. 15) 223
Forms for E. and W. to be posted to Board (Appendix VI., 4) ... 480
ALLOTMENTS. Epitome of enactments conferring powers on Board
as to allotments (Appendix VI., 2) 477
BEANS. Power to authorise inspection of certificate given under
Order (Winter Beans O., 1917) 28
CULTIVATION OF LAND. See FOOD PRODUCTION, ENGLAND.
DESTRUCTIVE INSECTS AND PESTS. Epitome of enactments con-
ferring powers on Board as to destructive insects and pest*
(Appendix VI., 5) ... ... 481
DISEASES OF ANIMALS. Epitome of enactments conferring powers
on Board as to diseases of animals (Appendix VI., 6) 483
ENTRY. Prohibition on entry on land, &c., occupied by Board (Reg. 2N) 260
Powers of Board as to entry and inspection under Corn Production
Act, 1H 17 (s. 13 of that Act) 222
EVIDENCE OF ORDERS. Proof of Board's Orders (Part X., 1) ... 437
EXPENSES incurred by Board under Corn Production Act, 1917, to
be defrayed out of moneys provided by Parliament (s. 16 of that
Act) ' ' 223
FERTILISERS AND FEEDING STUFFS. Epitome of enactments con-
ferring powers on Board as to fertilisers and feeding stuffs
(Appendix VI , 8) ... 491
FISH. Power to authorise taking of fish within territorial waters of
E. and W. (Sea FisSing (E. and W.) O., 1917) ...... 90
FOOD PKODI CTION. Powers of Board under the Defence of the
Realm Regul?it : ons for the maintenance of food supply. See
FOOD PRODUCTION, ENCLAND.
Future powers f Boa/d (suspended until Aug. 21s, 1918, or the
termination of th* W 06
SMALL HOLDINGS. Epitome of enactments conferring powers on
Board as to small holdings (Appendix VI., 2) 477
WAGES OF AGRICULTURAL WORKERS. See WAGES FOR AGRI-
CULTURAL WORKERS, E.
WHEAT, MINIMUM PRICE. Payment by Botrd to growers where
average price is less than fixed minimum ; claims by occupiers
for any payment, compensation, etc., to be made to and deter-
mined by Board (Corn Production Act, Pt. I) 210
VERMIN AND PESTS. Notice as to arrangements for destruction of
Sparrows and Rats 333
And see " Destructive Insects and Pests " above.
loard of Agriculture for Scotland.
CONSTITUTION. Constitution and General Powers of Board (Introd.
Note to Pt. VI.) 341
Board acts under instructions of SECRETARY FOR SCOTLAND, q.v.
AGRICULTURAL EMPLOYMENT. Necessity for employer to inform
Board, or person authorised by them, of cesser of agricultural
employment of male person of 16 years or over (Reg. 41AAA as
applying to S.) ... ... ... ... ... ... ... ... 378
Agricultural Employment (Scotland) Order, 1917 (footnote (a) to
Reg. 41AAA) " 378
And see WAGES FOR AGRICULTURAL WORKERS, S.
AGRICULTURAL RETURNS. Power for Board to require (Corn Pro-
duction Act, s. 15) 223
Form for Scotland to be posted to Board (Appendix VI., 4) ... 480
BEANS. Power for Board to authorise inspection of certificate given
under Order (Winter Beans O., 1917) ... 28
CULTIVATION OF LAND. See FOOD PRODUCTION, SCOTLAND.
DEER. Powers of Board for preventing injury by deer to crops and
pasture (Reg. 2Q) 369
Occupiers of agricultural holdings authorised to kill deer trespas-
sing on grazings or causing injury to crops (O., Jan. 15. 1917)... 369
Summary of circular letter by Board to District Agricultural
Committees as to deer 369
Extracts from circular letters of the Board to landed proprietors
as to deer forests (Memorandum (2) VIII, under Reg. 2M) ... 365
DESTRUCTIVE INSECTS AND PESTS. Epitome of enactments confer-
ring powers on Board as to destructive insects and pests (Appen-
dix VI., 5) 481
ENTRY. Powers of Board as to entry, inspection, etc., under Corn
Production Act (s. 13 of that Act) 222
EVIDENCE OF ORDERS. Proof of Board's Orders (Part X., l) ... 437
EXPENSES incurred by Board under Act to be defrayed out of
moneys provided by Parliament (Corn Production Act. s. 16) ... 223
FERTILISERS AND FEEDING STUFFS. Epitome of enactments con-
ferring powers on Board as to fertilisers and feeding stuffs
(Appendix VI., 8) 491
Index. 529
PAGE.
Board of Agriculture for Scotland continued.
FOOD PRODUCTION. Powers of Board as to entry on and cultivation
of burghal areas (Reg. 2L as applying to S.) ... 343
Future powers of Board (suspended until August 21st, 1918, or termina-
tion of War) to enforce proper cultivation of land (Corn Produc-
tion Act, Ft. IV) C
Town Councils authorised to exercise powers of the Board under
Reg. 2L ( Cultivation of Lands (S) O., 1917 (No. 2)) 344
Memoranda by Board as to powers delegated to Town Councils ... 346
Memoranda by Board as to action to be taken by Parish Councils 348
Powers of Board as to under-cultivated land (Reg. 2M as applying to S.) 350
District Agricultural Committees authorised to exercise powers of
Board under Reg. 2M (Summary of circulars issued by Board under
Reg. 2M\ ' 353-367
GAME AND MIGRATORY BIRDS. Powers of Board for preventing
injury to crops, &c., by birds, hares, rabbits, vermin and pests
(Reg. 2R as applying to S.) ... ... ... ... ... ... 371
Future powers of Board as to protection from damage by rabbits and
vermin, of crops, &c. (Corn Production Act, Pt. IV.) 216
Summary of circular letter of Board as to :
rearing of game 370
destruction of birds 373
Authorisation by Board of killing and taking grouse and black
game (Grouse and Black Game (S.) O., 1917) ... ... 375
HORSES. Power for Board to authorise issue of licences for permitting
parting with horses used in agriculture (Reg. 2T as applying to S.) 377
LAND SETTLEMENT. Epitome of enactments conferring powers on
Board as to land settlement (Appendix VI. 2) 477
MAINTENANCE OF LIVE STOCK. Act conferring powers as to restric-
tion of slaughter, and Order thereunder (5 & 6 Geo. 5. c. 65 ; O.,
Aug. 24, 1915) 453,457
Powers of Board to require returns of live stock (Corn Production
Act, s. 15) ... 223
OATS. Payment by Board to grower where average price is less than
fixed minimum ; claim by occupier for any payment, compensa-
tion, c., to be made to and determined by Board (Corn Produc-
tion Act, Pt. I) 210
POTATOES. Power for Board to issue licences for delivery of potatoes ;
returns as to potatoes to be made in S. to Board (Seed Potatoes
(Immune Varieties) O., 1917) 141
RABBITS. Occupier of agricultural holding authorised to kill (O M
April 4, 1917) 374
Authorisation by Board for occupier of agricultural holding to
enter adjoining woodland, moorland or heath, to take and kill
rabbits between July 1 and April 30 following (O., June 14, 1917) 374
Summary of circular letters of Board as to killing of rabbits 370, 373
BEGULATIONS. Power for Board to make regulations under Corn
Production Act, 1917 (s. 12 of that Act) 221
SALE OF FOOD AND DRUGS. Epitome of enactments conferring
powers on Board as to sale of food and drugs (Appendix VI., 16) 506
TENANCY. Future powers, taking effect August 2lst, 1918, or on
termination of War, for Board to make adjustment of relations
of landlord and tenant in case of a tenant of shootings (Corn
Production Act, s. 18) .'. ... 224
WAGES OF AGRICULTURAL WORKERS. See WAGES FOR AGRICUL-
TURAL WORKERS, S.
WHEAT. Payment by Board to growers where average price is less
than fixed minimum ; claim by occupier for any payment, com-
pensation, &c., to be made to and determined by Bodrd (Corn
Production Act, Pt. I) 210
Board of Customs and Excise. See CUSTOMS AND EXCISE
DEPARTMENT.
530 Index.
PAGE.
Board of Trade.
CHEESE. Particulars to be furnished to Board ; cheese bought by
Board excepted from provisions of requisitioning Order
(Cheese (Requisition) , 1917) 1'24
Regulations as to imported cheese (Appendix IV, 1) 465
EVIDENCE OF ORDERS. Documentary Evidence Acts apply to the
Board's Orders (Part X, 1) 437
FISH. Permission of Board required for placing nets, etc., on tidal
lands (Sea Pishing (England and Wales) O., 1917 ; Sea Fishing (Ireland)
O., 1917) 90,94
FOOD SUPPLY GENERALLY. See FOOD SUPPLY.
[The powers conferred on the Board by D. R. Regs. 2F to 2j of Nov.
16, 1916 (see pp. 20-23 of the November, 1916, Edition of the "Defence
of the Realm " Manual) are now vested in the Food Controller. All the
Orders made by the Board under the said Regs, have expired or been
revoked by the Food Controller.]
FROZEN MEAT. Regulations as to sale and distribution of.
(Appendix IV, 2) 468
PRESIDENTS' SEAT IN PARLIAMENT. List of Offices of Profit
immediate succession from the one to the other of which does
not vacate seat in House of Commons (Appendix VII., 1) ... 510
TIMBER. See TIMBER.
[The control of timber supplies has been transferred from the Army
Council to the Board.]
Boarding* Houses.
Rationing of by bulk ; exception of houses with 10 or less bedrooms
( Public Meals O., 1917) 158
Variation in ascertainment of gross quantities of meat, flour, bread
and sugar used therein (General Licence under Order) 162
Borougrhs municipal, England. See also BIRMINGHAM CITY.
Areas of (footnote (c) to Local Authorities (Food Control) O. (No. 1), 1917) 188
Courts of summary jurisdiction, for (Editorial Note to Part IX.) ... 410
Enforcement by town councils of certain of Food Controller's Orders
(Local Authorities (Food Control) O. (No. 1), 1917) 187
Powers of county borough councils as to rabbits (Rabbits O., 1917) ... 331
Borough, Scotland. See BURGH, S.
Bottled Beer."
Extent of application of Beer (Prices and Description) Order, 1917,
to bottled beer (Art. 9 of that Order) 82
Bran.
No restriction on use of for feeding horses (Horses (Rationing) O. (No. 2),
1917) 61
Bread.
EXPORT of bread prohibited to all destinations (Appendix VI., 7) ... 484
Power for Local Authorities :
In England to enforce, and prosecute under
Bread Order. 1917 ... 190, 192
Manufacture of Flour and Bread Order (No. 2), 1917
(ClauaeS) 190, 192
Flour and Bread (Prices) Order, 1917 (so far as relates to
retail transactions) 55, 192
In Scotland to enforce
Bread Order, 1917 196
Manufacture of Flour and Bread Order (No. 2), 1917
(Clause 5) 196
Flour and Bread (Prices) Order, 1917 (so far as relates to
retail transactions) 55
[This is now superseded by the new system, under which Enforcement,
etc., is in t'ie hands of the Food Control Committees.] See ADDENDA I COS
MAXIMUM PRICES fixed; provisions as to contracts; shipment to
Channel Islands or Isle of Man prohibited ; returns of stocks
and dealings required (Flour and Bread (Prices) O., 1917) 55
Index.
Bread continued.
RATION. Compulsory at public eating places (Public Meals O., 1917) 158
Variation in ascertainment of gross quantities to be used per week in
inns, hotels and boarding-houses (General Licence, Oct. 8, 1917) ... 162
SALE OR MANUFACTURE of bread made of pure wheaten flour pro-
hibited ; flour to be mixed as prescribed :
Mixture to be used after March 26, 1917 (Manufacture of
Flour and Bread O. (No. 2), 1917) ... ... 32
Mixture to be used after April 10, 1917 (Manufacture of Flour
and Bread O. (No. 3), 1917 < 36
Manufacture of bread and wheaten flour under Bread Acts
(footnotes (to) to Manufacture of Flour and Bread O. (No. 2)
and (d) to Bread O.) 33, 35
Sale of new, currant, and milk bread, and use of sugar in manufac-
ture prohibited ; sale by weight, and power to weigh bread
(Bread O., 1917) 35
Sale of loaves of certain shapes and rolls between 1 and 2oz. permitted
(General Licence, May 23, 1917) ... ... 48
Making and sale of fancy bread prohibited (Cake and Pastry O., 1917)... 39
Shape, size and weight of bread under Bread Acts of 1822, 1836 and
1838 (footnotes (A) (f) (g) to Bread O., 1917) 35
Inspectors of weights and measures ... (footnote (a) to Bread O., 1917) 36
WASTE of article containing flour. See WASTE.
Breeding 1 Sows. See MAINTENANCE OF LIVE STOCK.
Brewer.
Denned for purposes of Output of Beer (Restriction) Act, 1916, and
of Part I. of Intoxicating Liquor (Output and Delivery) Order,
1917 (s. 7 of Act as amended; Art. 3 of that Order) .... ... ...474,74
" Brewer for Sale."
Denned for purposes of Act and Order (Output of Beer (Restriction)
Act, 1916, s. 7, as amended ; Brewers (Malt Purchases) O., 1917) >.,474, 68
Brewer's Grains.
No restriction on use of dried brewer's grains for feeding horses
(Horses (Rationing) O. (No. 2), 1917) ... ... 61
Export of (Appendix VI., 7) ... 484
Brewers Sugar. See SUGAR.
Defined for purposes of Order (Brewer's Sugar O., 1917 : Sugar O., 1917,
Art. 14)... ... 165,175
" Brewery " defined for purposes of Output of Beer (Restriction) Act,
1916 ; restriction on establishment of new breweries (ss. 7 and 3 of th it
Act as amended) ... ... 474 472
Brewing 1 .
Restriction on output of beer (Output of Beer (Restriction) Act, 1916. as
amended ; Intoxicating Liquor (Output and Deliverv) Orders, 1917) 470 ? 71 ^ 78
Manufacture of malt, sale to and purchase of, t y brewers restricted
(Brewers (Malt Purchases) O., 1917) * 68
Prohibition on manufacture and use of malt (Malt (Restriction) Orders,
1917) ... ... ... 69,70
*' British subject " defined as including a woman who has married
an alien but who before marriage was a British subject (Reg. 56 (12)) 420
Buffet. See RAILWAY BUFFET.
532 Index.
PAGE.
Building- and Construction Work.
Epitome of Orders of the Minister under Reg. SE prohibiting such
work from July 20th, 1916, without licence from the Minister ;
exceptions for work of under f>00 cost, Government and local
authority work, and work already commenced ; prohibited
Sunday work (Appendix VI., 3) 479
Insurance of buildings, &c., taken over by Agricultural Executive
Committees in E. (Memoranda under Cultivation of Lands O., 1917
(No. 3)) 291
Suspension or annulment by court of building contract (7 & 8 Geo.
5, c. 25, s. 1 (1)) 479
Bun.
No bun shall contain more than 10 per cent, of sugar or more than
50 per cent, of wheaten flour (Cake and Pastry O., 1917) ... 39
Reckoning of weight of flour and sugar in (Public Meals O., 1917,
Art. 4(e)) 159
Burden of Proof.
That act was done with lawful authority or excuse rests on accused
(Reg. 58B) 431
Burg-h, Scotland (including Police Burgh).
Area of (footnote (c) to Local Authorities (Food Control) (S.) O., 1917) 194
Enforcement by town councils of certain of Food Controller's Orders
(Local Authorities (Food Contrul) (S.) O., 1917) .... 194
Note and Memoranda as to above Order ... footnote (a) to p. 195
Increase of cultivation of burghal areas (Reg.2L; Cultivation of Lands
(S) O., 1917 (No. 2) ; Memoranda thereunder) 343-349
Summary of Memoranda of Board of Agriculture for S. as to powers
delegated to Town Councils under above Reg. and Order ... 346
Burmah Beans and Peas. See BEANS : PEAS.
Businesses. Supply of sugar to businesses (Sugar O., 1917. Parts II
and HI)... 173-177
Butcher.
Fat cattle to be sold only for slaughter ; prices of dead meat con-
trolled ; statement of classification and weight of meat to be
given to Market Authority ; record to be kept of all dealings in
(Meat (Sales) O., 1917) 113
See al*o MEAT.
Butcher's Bleat. See MEAT.
Butter.
Maximum prices for sale by retail and wholesale fixed (Butter
(Maximum Prices), O., 1917) 127
First-hand prices for certain kinds varied (Butter (Maximum Prices) O.
(No. 3)1917) ... 138
Carriage of refrigerated dairy produce (footnote (b) to p. 123
Power for Local Authorities :
in E. to enforce, and prosecute under Butter (Maximum
Prices) Order, 1917 (Clauses 4, 5, 6, & 7, except as to
wholesale transactions) ... ... ... ... 127, 192
in S. to enforce Butter (Maximum Prices) Order, 1917 (Clauses
4, 5, 6. & 7, except as to wholesale transactions) 127
Enforcement now by food committees. See ADDENDA I. ... ... 603
Export of butter (Appendix VI., 7) ... 484
Import of butter (Appendix VI., 12) ... 499
Registration of factories for (Appendix VI.. 16) 506
" Buyer's Railway Station " defined for purposes of Milk
(Returns) Order, 1917 125
Bye-laws.
Local authorities may permit keeping of pigs notwithstanding restric-
tive sanitary bye-laws (Reg. 2o) 319,368,395
Index.
PAGE.
Cake.
Use of sugar or chocolate for covering cakes, &c., prohibited (Sugar
(Confectionery) O., 1917) ... ... ... 163
Making and sale of cakes and pastry controlled and restricted ; per-
centage of sugar and flour ; rationing of tea-shops (Cake and
Pastry O., 1917) ... 39
Reckoning of weight of flour and sugar in (Public Meals O., 1917,
Art. 4()) ... 158
Export of cake (Appendix VI., 7) ... ... 484
Power for local authorities :
in E. to enforce, and prosecute under Cake and Pastry Order,
1917 ... 190, 192
in S. to enforce Cake and Pastry Order, 1917 ... ... ... 196
[This is now superseded by the new system, under which Enforcement,
etc., is in the hands of the Food Control Committees.] See ADDENDA I. 603
Cakes for Catt e. See FEEDING STUFFS.
Calves. See MAINTENANCE OF LIVE STOCK.
Camera, Trial in, by civil or summary jurisdiction court for offence
against Regulations ; passing of sentence in public (Beg. 58) ... 416
Canned fish, licences for exportation footnote (to) to p. 97
Canteens.
Certificate by Food Controller authorising excess brewing for (6 & 7
Geo. 5. c. 26 s. (5 as amended) ... 473
Effect of Certificate (Intoxicating Liquor (Output and Delivery) O., 1917,
Art. 1 (5) ) ... 73
Carriage of refrigerated dairy produce, fish, fruit, meat, &c.
footnote (c) to p. 113
Cards, sugar registration, issue of (Sugar O., 1917, Art. 21) 177
Cart-horse collars and names requisitioned by Army Council
(Appendix VI., 1 (3)) 476
"Catering- business" defined for purposes of Sugar Order, 1917
(Art. 1 of that Order) ... 172
Cattle.
Defined as including ram, ewe, wether, lamb and swine (Meat (Sales)
O., 1917, Pt. III. ; Meat (Maximum Prices) O., 1917, Art. 14) ... 115, 121
Defined as including ram, ewe, wether, lamb, deer, goats, and swine,
for purposes of Cattle and Meat (Returns) Order, 1917 ... 117
Fat cattle to be ussd only for slaughter (Meat (Sales) O., 1917, . Pt. I.) 113
Particulars required from persons engaged in purchase, sale, shipment,
&c. (Cattle and Meat (Returns) O., 1917) .. ..'... 117
Actual cost of meat obtained from cattle bought alive to be calcu-
lated in accordance with Art. 6 of Meat (Maximum Prices)
Order, as amended by Meat (Maximum Prices) Order (No. 2) ... 118
Feeding Stuffs for. See FEEDING STUFFS.
Caution, Scotland.
Release by certain superior officers of police of parson arrasted on
suspicion of summary offence upon finding caution (Reg. 55) ... 429
Census.
AGRICULTURAL. Power to require occupiers of agricultural holdings
in Great Britain to supply information (Appendix VI., 4)... ... 480
Power for the three Agricultural Departments to require returns
(Corn Production Act, s. 15) ' 223
Census of Agricultural implements, live stock, &c. (Appendix VI.
1(4); 4) 476,480
Horses and Mules (Appendix VI., 4) 48Q
: 534 Index.
PAGE.
Central and Associated Chambers of Agriculture.
Council to nominate 2 members representing employers out
of the 39 persons on the Agricultural Wages Board (E and
W.) (Art 4 of Regulations under Corn Production Act, 1917, Part II.) 239
Central Bodies specially Constituted for the Adminis-
tration of Food Supply or Production or the mini-
mum Wag-e for Agricultural Workers.
Food Control Committee for Ireland. See FOOD CONTROL COM-
MITTEES.
Food Production in Ireland, Advisory Committee on. See FOOD
PRODUCTION, I.
Wages Board for England and Wales. See WAGES FOR AGRICUL-
TURAL WORKERS, F.
Wages Board for Ireland. See WAGES FOR AGRRICULTURAL
WORKERS, I.
Wages Central Committee for Scotland. See WAGES FOR AGRICUL-
TURAL WORKERS, S.
As to the Local Bodies established in England and Wales, Scotland
and Ireland respectively see LOCAL BODIES.
"Cereal Foodstuff/'
Defined for purpose of rationing of horses (Horses (Rationing) . Duty of occupier to cultivate certain pro-
portion of arable part of his holding (Reg. 2p) ... ... 396
"Arable" defined as cultivated or capable of being cultivated
(Reg. 2P (10) ) ... 397
Exception of certain classes of holdings from Reg. 2p. (De-
claration, Feb. 21, 1917) ... 398
Summary of Memorandum of Department of Agriculture, &c.,
for Ireland as to compulsory tillage under the regulation
and order 399-403"
Explanation of Reg. 2p 399
Exemptions from Reg. 2p 400
Non-exempted land ... 400
Non-arable land ... ... ... ... ... ... 400
Aggregation of lands or farms ... ... ... ... 401
Calculation of addition area 401
Land grazed by town dairyman's cows 401
Land now under winter cereals ... ... ... ... 402
Land under first or second year's crop of rye grass ... 402
Applications for exemptions 402
Enforcement of Reg. 2P 403
538 Index.
PAGE.
Compulsory Tillage, Ireland continued.
UNDER Sen. 3 OF CORN PRODUCTION ACT, 1917. Enforcement of
cultivation of minimum tillage portion of arable land (Com
Production Act, Sch. 3) 231
"Arable" denned as capable of being tilled (Corn Production Act,
Sch. 3. a. 8 (c) ) 233
Orders of the Department of Agricultural ancLTechnical Instruc-
tion for Ireland prescribing minimum tillage portion of
holding :
Tillage (Ireland) General Order. (Addenda) ... (312-614
Tillage (Ireland) Racecourses and Golf Links Order.
(Addenda) ... 615
Conacre Agreement defined footnote (a) to p. 226
Position of tenant as regards Part I of Corn Production Act
(s.l8(2)(c)) ... ... 226
Condensed, Dried, and Preserved iviilk.
Exempted from Milk Order, 1917 (Art. 11 of that Order) 135
Excepted from provisions as to prescribed amount of sugar to be
used in manufacture (Sugar (Restriction) O., 1917)
Export of (Appendix VI. 7) ... 484
Condiments.
Export of mustard, pepper, and all condiments except table salt
(Appendix VI, 7) ... 484
Conditions of Sale.
No condition relating to the purchase of any other article to be
imposed on sale of any article of food (Food (Conditions of Sale)
O., 1917)
Prohibition on fictitious transaction or unreasonable charge as to sale,
&c. of :
Bacon, ham and lard (Bacon, Ham and Lard (Maximum Prices) O., 1917)
Beans, peas and pulse (Beans, Peas and Pulse (Retail Prices) O., 1917)
Butter (Butter (Maximum Prices) O., 1917)
Cheese (Cheese (Maximum Prices) O., 1917) 126
Flour and bread (Flour and Bread (Prices) O., 1917) ... 59
Fruit and jam (Stone Fruit (Jam Manufacturers 1 Prices) O.. 1917;
Raspberries (Jam Manufacturers' Prices) O., 1917: Jam (Prices) O.,
1917) ' 102, 105, 108
Meat (Meat (Maximum Prices) O., 1917) 120
Milk (Milk O., 1917) ...
Oat meal, maize meal &c (Oat and Maize Products (Retail Prices) O.,
1917) 44
Potatoes (Potatoes O., 1917, Art. 49) 151
Wheat, rye, barley or oats (Wheat. Barley and Oats (Prices) O., 1917 ;
Grain (Prices) O., 1917) ... 37,51
Power for Local Authorities :
in E. to enforce, and prosecute under Food (Conditions of Sale)
Order, 1917 190,192
in S. to enforce Food (Conditions of Sale) Order, 1917 194
Enforcement now by food committees. See ADDENDA I 603
Confectionery.
EXPOET prohibited (Appendix VI., 7) 484
PRICE (retail) of confectionery fixed (Sugar (Confectionery) O., 1917)... 163
USE OP SUGAR in confectionery restricted (Sugar (Confectionery) O.,
1917) ... 163
Confidential Information.
Publishing of, punishable (Reg. 27A) -132
Constables. See POLICE.
Index. 539
PAGE.
Construction
Of D.R. Regulations and of Orders thereunder (Regs. 63-66 and
footnote (a) thereto) 440,441
Construction Work. See BUILDING AND CONSTRUCTION WORK.
Contract.
RELIEF FROM LIABILITY under contracts affected by Department's
requirements or restrictions (Part XL) 443
Outline of provisions in question (Introd.) ... xxxi
Powers of Court to suspend or annul any such contract (7 & 8 Geo. 5.
c.25,8. 1 (2) (3)) 443
Relief from certain liabilities arising from contract of tenancy
(7 & 8 Geo. 5, c. 25, s. 2) 444
Relief from liability when fulfilment of contract interfered with by
Government Department (5 Geo. 5, c. 37, s. 1 (2) ) ... 445
Interference with contract other than of tenancy (7 & 8 Geo. 5, c. 2o,
s.3) 445
Making " muirburn " for conservation or improvement of grazing
land in contravention of contract (Reg. 2M (10) )-., 352
Alteration of conditions of contract of tenancy by reduction of acre-
age cultivated with hops (Reg 2NN Memoranda thereunder, IIJ 316, 317
SUBSISTING CONTRACT may be abrogated or modified by Food Con-
troller's Order (Reg. 2j (3) ) 12
for sale of grain at price exceeding maximum price stands in
certain cases (Wheat, Barley and Oats (Prices) O., 1917) 37
for purchase of raspberries stands (Raspberries (Jam Manufacturers
Prices) O., 1917) ' 104
for sale of jam stands (Jam (Prices) O., 1917) 108
for delivery of meat before Sept. 17, 1917 (Meat (Maximum Prices)
o., 1917) : ... 120
for sale of cheese cancelled (Cheese (Requisition) O., 1917) ... 124
for sale of potatoes cancelled (Potatoes (Immune Varieties) O., 1917) 141
for sale of beer cancelled in special cases by Food Controller
(Beer (Prices and Descriptions) O., 1917) ... 82
Modification of contract as to beer (Output of Beer (Restriction) Act,
1916. s. 4 as amended) 472
Relief from disqualification for membership of House of Commons
as regards certain contracts (7 & 8 Geo. 5, o. 25, s. 9) ... 511
Contractor. See DESIGNS.
Contravention of Regulations, duty of disclosure (Reg. 49) ... 434
Punishment of. See TRIAL AND PUNISHMENT.
Convict Prisons, Dietaries for (Appendix II.) ... . ... 452
Cooked Potatoes exempted from provisions of Potatoes Order, 1917
(Art. 53 of that Order) 152
Corn. See GRAIN, and cross references under CEREALS.
Cornflour, Export of (Appendix VI., 7) 484
Corn Returns Act, 1882.
Weekly average prices per quarter of wheat and oats to be ascertained
in accordance with that Act (Corn Production Act, I'.HT, s. '_' (2)) ... 211"
Corn Production Act, 1917.
Debates at various stages of, and passing of, Corn Production Bill
(Introd.) " * vi
Minimum price of wheat and oats ; minimum wage for agricultural
workmen ; restriction on raising of agricultural rents. See
WHEAT ; OATS ; WAGES FOR AGRICULTURAL WORKERS ; RENT.
(Corn Production Act, 1917, Parts I., II., III.) 210-216
540 Index.
PAGI.
Corn Production Act, 1917 continued.
Powers of Department of Agriculture, &c. for I., as to enforcement
of proper cultivation of lands in Ireland now in force and con-
tinuing concurrently with D.R. Regs, powers. See CULTIVATION
OF LANDS, I. (Corn Production Act, Part IV, ss. 9, 10, 11 (1) (2):
18 (2) (d) (/), Sch.3) ... 216-221, 226, 231
Future powers of English and Scottish Boards as to enforcement of
proper cultivation in Great Britain coming into operation on
August 2lst. 1918, or at the termination of the war ; simultaneous
cesser of DM. Regs, powers. See CULTIVATION OF LANDS, E. ;
CULTIVATION OF LANDS, S. (Com Production Act, Part IV.) 216-221
County
Division of counties (E. and I.) into petty sessions divisions and (S.)
sheriff court districts ; parishes, &c., in each court area
(Editorial Note) 410
Grouping of counties in S. for constitution of district wages com-
mittees (Memorandum of Board of Agriculture for S.) ... ... 24
County Agricultural Committees, Ireland.
AGRICULTURAL MACHINES AND IMPLEMENTS, loans for administered
in certain cases by Committees (Provision 3 of Memoranda) ... 389
HORSES. Arrangements by Committees for distribution of supply
(Provision 2 (d) of Memoranda) ... ... ... ... ... 388
INSTRUCTION by Committees (Provision 6 of Memoranda) 392
LOCAL ADMINISTRATION of schemes for cultivation by Committees
(Provision 4 of Memoranda) ... ... ... ... ... ... 389
County Boroughs, England and Wales. See also BIRMING-
HAM CITY.
Exercise within county borough of powers by county agricultural
executive committee (Cultivation of Lands (County Boroughs) O., 1917) 627
Powers of county borough councils as to rabbits (Rabbits O.. 1917) ... 331
County Council, England.
Agricultural Executi * e Committees. See AGRICULTURAL EXECUTIVE
COMMITTEES.
Allotments and Small Holdings. Epitome of Acts conferring powers
on county councils (Appendix VI., 2 (1)) ... ... ... ... 477
County Council, Scotland.
Allotments and Small Holdings. Epitome of Acts conferring powers
on county councils (Appendix VI., 2 (2)) ... ... ... ... 478
Areas within districts of (footnote (c) to Local Authorities (Food Control)
(S.) O., 1917) 194
Enforcement by county councils or district committees of certain of
Food Controller's Orders (Local Authorities (Food Control) (S.)
O., 1917) 194
Note and Memoranda as to above Order ... footnote (a) to p. 195
And see BURGH, S. ; PARISH COUNCIL, S.
Court of Criminal Appeal.
Appeal to, from conviction in England by Civil Court with jury ;
appeal from to House of Lords on Attorney-General's certificate
in special circumstances (footnote (1>) (i) to Reg. 56A) 424
Court of Crown Cases Reserved.
Reservation for by special case of point of law on conviction by civil
court with jury in Ireland (footnotes (b) (iii) to Reg. 56A) 424
Court of Session.
Selection by Lord President of judge to arbitrate as to price of
requisitioned output of munition factory (Reg. 7) ... .... 12
Power of suspending contracts. See CONTRACT.
Courts Emergency Powers Act, 1917. See CONTRACT.
Index. 541
Courts. See COURT OF CRIMINAL APPEAL COURT OF CROWN-
CASES RESERVED : COURT OF SESSION COURTS-MARTIAL ;
HIGH COURT ; HIGH COURT OF JUSTICIARY : METROPOLITAN
POLICE COURTS : PETTY SESSIONAL COURTS : SUMMARY JURIS-
DICTION.
Powers of Courts as to suspension or annulment of contracts
(7 & 8 Geo. 5, c. 25, s.l) (Part XI, 1) ... 443
Courts-Martial.
Right of civilian British subject charged with offence to be tried by
civil court ... ... ... ... ... footnote (c) to p. 416
Procedure as to trial by Court-Martial under Defence of the Realm
Acts (Regs. 6, 67) '*"' 425
Power by Proclamation to suspend 5 Geo. 5, c. 34, s. 1 (7) 427
Proclamation April 26, 1916, suspending 5 Geo. 5, c. 34, s. 1, in
Ireland (Note to Regs. 58A, 58D) 427
Trial by Courts-Martial on such suspension (Reg. 58A) ... ... 427
Trial by Court-Martial of offences committed by the Military while
5 Geo. 5, c. 34, is suspended (Reg. 58D) ... 428
No appeal to civil courts from conviction by court-martial (footnote
(a) to Reg. 57) 425
Court Fees, England and Wales.
Table of and Payment and Allocation in cases triable summarily
(Appendix VIII) 512
Covenant in Contract of Tenancy. See TENANCY.
Cows. See CATTLE.
Cowhide. See HIDES.
Cranes.
Prohibition on sale or supply (Appendix VI, 1 (2) ) ... 476
Criminal Justice Administration Act, 1914 (4 & 5 Geo. 5, c.58).
Application of s. 27 (arrest without warrant) in England, Scotland,
and Ireland (footnote (d) to Reg. 55) ...
Payment and allocation of Summary Jurisdiction Fees under
(Appendix VIII) ... 512
Crops, England.
CULTIVATION OF. See CULTIVATION OF LANDS, E.
DAMAGING. Damaging crops on land occupied under Eegs. 2L, 2M
(Re$r. 2N) 260
HOPS. REDUCTION OF ACREAGE UNDER. Reduction of hop acreage
to one-half that of June, 1914 (Reg. 2NN and Memoranda thereunder)
316-318
PREVENTION OF INJURY TO CROPS BY BIRDS, RABBITS, &c.
Prevention under D.R. Regs, of injury to crops or trees or
wastage of pasturage by birds, hares, rabbits, vermin or
pests (Reg. 2R as applying to E.) ... 320
Orders of the Board of Agriculture and Fisheries under
Reg. 2R and relative Memoranda as to grouse and black
game, migratory wild birds, pheasants, rooks, hares,
rabbits, vermin and pests (Orders and Memoranda) ... 321-333
Future Powers under Corn Production Act coming into force Aug. 21,
1918, or on termination of war of Board of Agriculture and
Fisheries as to killing of rabbits and vermin (7 & 8 Geo. 5. c. 40, s. 10) 219
RETURNS AS TO CROPS.
Return of crops as on June 4th, 1917, required by Army Council
(Appendix VI., 4) 480
Power of Board of Agriculture and Fisheries to require return
of crops (7 & 8 Geo. 5, c. 46, B. 15) ... 223
542 Index.
PAGE.
Crops, Scotland.
CULTIVATION OF. See CULTIVATION OF LANDS, S.
DAMAGING. Damaging crops on land occupied under Regs. 2L, 2M
(Reg.2N) 344
PREVENTION OP INJURY TO CROPS BY DEER, BIRDS, RABBITS, &c.
Prevention under D.R. Regs, of injury to crops or trees or
wastage of pasturage by deer, birds, hares, rabbits, vermin
or pests (Regs. 2Q,2R as applying to S.) 369,371
Orders of the Board of Agriculture for Scotland under Reg.
2q, 2R and relative Memoranda as to deer, grouse arid
black game, birds andrabbits, pests (Orders and Memoranda)3G9-375
Fature Powers under Corn Production Act coming into force Aug. 21,
1918, or on termination of war of Board of Agriculture for
Scotland as t killing of rabbits and vermin (7 & 8 Geo. 5. c. 46, s. 10) 219
RETURNS AS TO CROPS.
Return of crops as on June 4th, 1917, required by Army Council
(Appendix VI., 4) 480
Power of Board of Agriculture for Scotland to require return
of crops (7 & 8 Geo. 5. c. 46, s. 15) ... 223
Crops, Ireland.
COMPULSORY TILLAGE. See COMPULSORY TILLAGE.
CULTIVATION OF. See CULTIVATION OF LANDS, I.
DAMAGING. Damaging crops on land occupied under Regs. 2L, 2M
(Re g .2N) ... ... 382
PREVENTION OF INJURY TO CROPS BY BIRDS, RABBITS, &c.
Prevention under D.R. Regs, of injury to crops or trees or
wastage of pasturage by birds, hares, rabbits, vermin or
pests (Reg. 2R as applying to I.) ... 404
Powers of Department of Agriculture, &c., under Corn Production
Act (concurrent with those under D.R. Regs.) as to killing of
rabbits and vermin (7 & 8 Geo. 5. c. 46, ss. 10, 18 (2) ) ... 219. 225
RETURNS AS TO CROPS.
Return o f crops as on June 4th, 1917, required by Army Council
(Appendix VI., 4) 480
Power of Board of Department of Agriculture, &c., to require
return of crops (7 & 8 Geo. 5. c. 46, s. 15) ... 223
Crown Cases Reserved, Court of. See COURT OF CROWN CASES
RESERVED. ,, r
Crumpet.
Making and sale of prohibited (Cake and Pastry O., 1917) 39
Cultivation of Lands.
" Cultivation " and " cultivate " defined as including use for grazing
(Reg/2 M (8)) - 273
Defined for purposes of Corn Production Act, 1917 (s. 17 (1) (6) of
that Act) - 223
Cultivation of Lands, England.
IMPROVED CULTIVATION AND AGRICULTURAL EXECUTIVE COMMIT-
TEES. Powers of Board as to under-cultivated land (Reg. 2M
as applying to E.) ... ... ... ... ... ... ... 270
NOTE : Reg. 2M as amended to Jan. 31, 1918, is printed
in the Addenda ... 620-623
Cultivation of Lands Order, 1917 (No. 3) constituting Agricultural
Executive Committee ... ... ... ... ... ... 273
NOTE : This Order is revoked by the Cultivation of Lands
Order, 1918, which provides for such Committees (Addenda) 617-619
Index.
PAGE.
Cultivation of Lands, "England continued.
Summary of Memoranda by Board of Agriculture and Fisheries
as to the organisation, staff, accounts and expenses of Executive
Committees (Memoranda) 277-291
Summaries of Memoranda by Board of Agriculture and Fisheries
as to powers of Executive Committees as to taking possession
of land, arrangements for cultivation, letting, determination
of tenancies and compensation claims (Memoranda) ... 292-306
For details see AGRICULTURAL EXECUTIVE COMMITTEES, E.
DRAINAGE OF LAND. Drainage of Land Order, 1917 307
Drainage of Lands Order, 1917 (No. 2) ... ... 313
Maintenance of banks and cleansing of channels (Memoranda under
Drainage of Land O. (8)) ... ... 309
Obstruction of streams and rivers (Memoranda under Drainage of
Land O. (9)) 311
Drainage of lands and protection from floods (Memoranda under O.
(No. 2) (11)) ... 314
NOTE. The Drainage of Lands Orders are revoked by the
Cultivation of Lands Order, 1918 (Addenda) 617
HOPS. " Cultivated with hops " defined for purposes of Reg. 2NN (6)
(Memoranda thereunder, IV.) ... ... ... > 318
Reduction of acreage under hops to one-half that of June, 1914
(Reg. 2NN as in force Oct. 21, 1917) ... 316
Memoranda of Board of Agriculture and Fisheries under
Reg. 2NN 317,318
CULTIVATION OF URBAN AREAS. Increase of cultivation of urban
areas (Reg. 2L as applying to E.) 259
Cultivation of Lands Order, 1917 (No. 2) 260
Memoranda of Board of Agriculture and Fisheries as to increase of
cultivation of urban areas 263-269
Future Power for Board of Agriculture and Fisheries taking effect
Aug. 21, 1918, or on termination (f War to enforce proper
cultivation of land (Corn Production Act, Part IV.) ... 216
Cultivation of Lands, Scotland.
IMPROVED CULTIVATION AND DISTRICT AGRICULTURAL EXECUTIVE
COMMITTEES. Powers of Board of Agriculture for Scotland
as to under-cultivated land (Reg. 2M, as applying to S.) 350
NOTE. Reg. 2M as amended to Jan. 31, 1918, is printed in the
Addenda 629
Summaries of circulars by the Board of Agriculture for Scotland
as to constitution, staff, powers and expenses of District
Agricultural Executive Committees and as to the powers of
the Board (Memoranda) 353-367
For details see AGRICULTURAL EXECUTIVE COMMITTEES
(DISTRICT) S.
Future powers taking effect Aug. 21, 1918, or on termination of
War for Board of Agriculture for Scotland to enforce proper
cultivation of land (Corn Production Act. Pt. IV.) 216
CULTIVATION OF BURGHAL AREAS. Increase of cultivation of burghal
areas (Reg. 2 L, as applying to S.) 343
Cultivation of Lands (Scotland) Order, 1917 (No. 2) 344
Summary of Board of Agriculture for Scotland's Memoranda
as to :
Powers delegated to Town Councils ... 346
Action to be taken by Parish Councils 348
544 Index.
PAGl.
Cultivation of Lands, Ireland.
CULTIVATION OF RURAL AND URBAN AREAS. Increase of cultiva-
tion of rural and urban areas (Reg. 2L, as applying to I.) ... 381
Summary of Memorandum of Department as to food production
in 1917 :
Scheme A, for occupiers of holdings over 10 valuation 385-391
Fixed prices for corn and potatoes ... ... ... ... 385
Provision of seeds, manures and spraying materials, imple-
ments and ma to enforce
proper cultivation and to prescribe minimum tillage of land
(Corn Production Act, Pt. IV., Sch. III.) 216, 231
Orders of the Department prescribing minimum tillage portion
of holding :
Tillage (Ireland) General Order (Addenda) 612
Tillage (Ireland) Racecourses and Golf Links Order. (Addenda) 615
Currant Bread.
Sale of prohibited (Bread O., 1917 (Art. 3) ) 35
Currant Jelly.
Red and black currant jelly exempted from Jam (Prices) O. ... 108
Currants.
Prohibition on dealings in dried currants, etc., outside U.K.
(Dried Fruits (Restriction) O., 1917) 86
Requisitioning of currants afloat and shipped to U.K. ; returns
required (Currents and Sultanas (Requisition) O., 1917) 86
And sen FRUIT.
Custody
of alleged offender ; detention in prison without warrant of person
to be tried by civil court with jury (Reg. 56 (10) ; Form of Order) 422
Customs. See EXPORT ; IMPORTATION.
Customs and Excise Department.
CONSTITUTION and officers footnote (c) to p.
ARKEST without warrant by officer (Reg. 55) ... 429
BEER. Powers of Commissioners as to determination of maxi-
mum barrelage and as to requiring certificate from licence-
holder (Output of Beer (Restriction) Act, 1916, as amended ; Intoxi-
cating Liquor (Output and Delivery) Orders, 1917) 470, 71, 7*
PERMITS. Power of Officer to inspect permit (Reg. 01) ... 442
PROSECUTIONS. Summary prosecution by Officer for offence against
Regs. (Reg. 56 (11)) 4U
Inde*. 545
Customs and Excise Department continued.
SUSPECTS. Power of Officer to arrest suspect without warrant
(Reg. 55) ...... ... 429
WINE AND SPIRITS. Power of Commissioners to permit delivery of
(Intoxicating Liquor (Output and Delivery) O., 1917, Part II) ... 74
Appointment of Advisory Committee to advise and assist Dept.
in duties under Part II of Intoxicating Liquor (Output and
Delivery) O. ; members, secretary, and address of committees
(Treasury Rule (6)) ...... ............ 77
See EXPORT ; IMPORTATION.
Dairies.
Consolidation and extension of law as to inE. and S. by Acts suspended
until termination of war (Appendix VI, 16) ............ 506
Export and Import of dairy machinery (Appendix VI, 7-12) ... 488, 499
Dairy Xiands.
Dairy lands -in S. not to be taken under Reg. 2L and Cultivation of
Lands (Scotland) Order, 1917 (No. 2) (Memoranda thereunder (3)
(V)) ........................... 347
Compulsory tillage provisions as to land for town dairymen's cows,
in Ireland ........................ 401
Dairy Produce, carriage of, in insulated spaces (footnote (to) to " Milk,
Butter and Cheese ") ........................ 123
Damsons. See FRUIT.
Dates.
Prohibition on dealings in dates, etc., outside U.K. (Dried Fruits
(Restriction) O., 1917) ..................... 85
Authorisation to deal in Tunis and Egyptian dates outside U.K.
(General Licence, Oct. 10, 1917) ............... 86
/
Death Sentence.
On person committing offence under Defence of the Realm Consoli-
dation Act, 1914, with intention of assisting the enemy ; pro-
vision as to execution by shooting (Regs. 56A, 57 ; footnote (c) to
Reg.56A) ... 424,425
Deer. Deer included in definition of " cattle " for purpose of Cattle
and Meat (Returns) Order, 1917 ............... 117
Power for Board of Agriculture for Scotland to authorise killing of
(Reg.2Q) ........................ 369
Occupiers of agricultural holdings in S. authorised to kill deer causing
injury (O., Jan. 15, 1917) .................. 369
Summary of letter by Board to District Agricultural Executive
Committees in S. as to deer .................. 369
Deer Forest CS-razlng-s.
Circular letter from Board of Agriculture for S. to landed proprietors
as to use of deer forests for grazing cattle or sheep ...... 365
Defacing:, A.C., of Notices.
of military or naval notice, advertisement or placard prohibited
(Reg.60) ........................ 442
Defence of the Realm Acts.
[The full text of the Defence of the Realm Acts forms Part I. of the Defence
of the Realm Manual (which is published at half yearly intervals), with
the exception of the Amendment Act, No. 3, which relates to the State Con-
trol of Liquor and is outside the scope of that Manual.]
Relief from liability when fulfilment of contract interfered with by
Government Department (5 Geo. 5. c. 37, s. 1 (2), as amended) ... 445
3167 G
54f> Index.
PAGE.
Defence of the Realm Regulations.
NOTE. Only those of the D.R. Regulations which directly relate to food
supply or production or to the i construction or trial and prosecution of
contraventions of the Regs, or of Orders thereunder are printed in the
-present Manual. As to the "Defence of the Realm Manual" and the
monthly editions of the Consolidated Code, tee Introductory Note to
PartV. 258
The following is a list of the Regulations which are accordingly printed in
*his Manual :
Regulations (2B, 2K, *2p, 2(t, 2GG, 2C, 2j, 7, 8c, 8cc) which con-
fer powers on Food Controller ... 5-14
Regulations (2L r 2M, 2u, 2NN, 2o, 2R, 2s, 2'r, and 41AAA) which
confer powers on the Board of- Agriculture and Fisheries
and Orders and Memoranda thereunder, printed as applying
to England and Wales (Part V) 257-340
Regulation 2M as -subsequently amended and Cultivation of
Lands Order, 1918, and Circular thereunder (Addenda) 617-627
Regulations (2L, 2ii, '2N, 2o, 2Q, 2n, 2s, 2T and 41AAA) which
confer powers on the Board of Agriculture for Scotland
and Orders and Memoranda thereunder, printed as applying
to Scotland (Part VI) 341-378
Amendment of Cultivation of Lands (S.) Order, 1917 (No. 2),
. and of Regulation 2 M (Addenda) 629
Regulations (2L, 2M, 2x, 2o, 2p, 2R, 2s, and 2i') which confer
powers on the Department of Agriculture and Technical In-
struction for Ireland and Orders and Memoranda thereunder,
printed as applying to Ireland (Part VII) 379-406
Amendment of Regulation 2M (Addenda) ... ... ... 630
Regulation (30o), as to use of grain for spirits ... ... ... 408
Regulations (56, 56A, 57, 58, 58A and 58o) as to trial of offences
(Part IX, i, 2, a) 409-428
Regulations (27, 43, 44, 45, 47, *48A, 49, 50, 51, 51c, 52, 53, 55) ;
miscellaneous provisions as to offences (Part IX, 4) ... 429
Regulations (60, 61) as to notices and permits (Part X, 3) ... 442
Regulations (63, 64, 65, 66) as to construction of Regulations and
Orders (Part X. 2) ... 440, 441
Department of Agriculture and Technical Instruction
for Ireland.
CONSTITUTION. Constitution and General Powers of the Department.
(Introd. Note to Part VII.) ... ... 379
CULTIVATION OF LAND. See FOOD PRODUCTION, IRELAND.
DESTRUCTIVE INSECTS AND PESTS. Epi^me of enactments con-
ferring powers on Department as to destructive insects and pests.
(Appendix VI., 5)
DISEASES OF ANIMALS. Epitome of enactments conferring powers
on Department as to diseases of animals (Appendix VI. 6) ... 483
ENTRY. Prohibition of entry on land occupied by Department
(Reg. 2)
Powers of Department as to entry and inspection under Corn
Production Act, 1917 (s. 13 of that Act) ...
EVIDENCE OF ORDERS. Proof of Department's Orders (Part X. ? 1)... 437
EXPENSES incurred by Department under Corn Production Act
defrayed by moneys provided by Parliament (s. 16 of that Act) ... 223
FERTILISERS AND FEEDING STUFFS. Epitome of enactments con-
ferring powers on Department as to fertilisers and feeding stuffs.
(Appendix VI., 8) 491
Inde.n. 547
PAGE.
Department of Agriculture and Technical Instruction
for Ireland continued.
FISH. Power of Department to authorise :
Taking of freshwater fish in I. by means otherwise unlawful
(Freshwater Fish (I.) O., 1917) ... 88
Orders made by Department under said Order as to particular
waters ... ... ... ... ... ... ... ... 89
Taking of salmon and sea-trout in I. (Fisheries (I.) O., 1917) ... 92
Orders . made by Department under said Order as to particular
waters footnote (b) to p. 92
Taking of fish within tidal and territorial waters of I. (Sea Fishino-
(I.) O., 1917) 94
Order as to drift net fishing for herrings (O., Sept. 18, 1917) ... 96
FOOD PRODUCTION. Powers of Department under Defence of the
Realm Regulations for the maintenance of food supply. See
FOOD PRODUCTION, IRELAND.
Power for Department to enforce proper 'cultivation in Ireland
(Corn Production Act^ Pt. IV.) 216
Provisions as to such enforcement (Com Production Act, Sch. III.) ... 231
GAME AND MIGRATORY BIRDS. Powers of Department for pre-
venting injury to crops, &c., from birds, hares, rabbits, &c., and
securing migratory birds for food supply (Reg. 2R as applying to I.) 404
Powers of Department as to rabbits and pests (Corn Production Act,
Pt. IV.) 216
HORSES. Restriction on exportation of horses (Reg. 2T (6)) ... ... 406
Prohibition on exportation of horses from I. except under a licence
(Horses (Prohibition of Exportation from I.) O., 1917) ' 406
LAND SETTLEMENT. Epitome of enactments conferring powers on
Department as to land settlement (Appendix VI., 2) 478
MAINTENANCE OF LIVE STOCK. Act conferring powers on Depart-
ment as to restriction of slaughter ; Orders thereunder (5 & G Geo. 5,
c.65; Orders) 453,459
Power for Department to require returns as to live stock (Corn
Production Act, s. 15) 223
OATS. Payment by Department to grower where average price is
below minimum fixed ; claim by occupier for payment, com-
pensation, &c., to be made to and determined by Department
(Corn Production Act, Pt, I.) 210
Memorandum by Department as to maximum and minimum prices
, for grain 250
PRESIDENT'S (I.e., CHIEF SECRETARY'S) .SEAT IN PARLIAMENT.
List of Offices of Profit immediate succession from the one to the
other of which does not vacate seat in House of Commons.
(Appendix VII, 1) ... 510
REGULATIONS. Power for Department to make regulations under
Corn Production Act (s. 12 of that Act) 221
SALE OF FOOD AND DRUGS. Epitome of enactments conferring
powers on Department as to sale of Food and Drugs (Appendix
VI., 16) 506
WAGES BOARD. Establishment of Agricultural Wages Board in I.
by Department (Corn Production Act, Pt. II.) ... 212
Provisional Regulations as to constitution and proceedings of Agri-
cultural Wages Board for I 247
Provisional Regulations as to constitution and proceedings of District
Wages Committees for 1 249
WHEAT. Payment by Department to grower where aVerage price is
less than fixed minimum ; claim by occupier for payment, com-
pensation, &c., to be made to and determined by Department
(Corn Production Act, Pt. I.) 210
Memorandum by Department as to maximum and minimum prices
for grain ... 250
Departmental Committee for dealing with question of food pro-
duction in Scotland (Memoranda under Reg. 2M) 353
3167 S 2
$48 Index.
PAGB.
Desigrns.
Power of Admiralty, Army Council, Minister of Munitions or
Food Controller to authorise contractor with them to use design
without consent of registered proprietor ; payment for such use.
(Reg.Sc) T 13
Destruction of Stray Dog's. See DOGS.
Destructive Insects and Pests Acts.
Epitome of enactments conferring powers on English, Scottish and
Irish Agricultural Department (Appendix VI, 5) 481
See also PESTS.
Detention.
Sentence of detention in detention barracks not to be awarded
for offence against D.R. Regulations (Reg. 57) ... 425
Determination of Tenancy*. See TENANCY.
Dietaries of industrial and reformatory schools ; institutions for
inebriates ; institutions for lunatics and mental defectives ; poor law
institutions ; prisons (Appendix II) 450
Director of Company.
Liability for offence by Company against certain regs. See COMPANY.
Director of Public Prosecutions.
Duties of Director (footnote^} toReg.56 (13)) 418
Investigation, and decision by, as to proceedings with "press offence "
or " munitions offence" (Regs. 56 (13) (14)) 418
[The powers of the Director under Regs. 56 (13) (14), p. 418, are exercisable
in Scotland by the Lord Advocate, in Ireland by the Attorney-General
for Ireland, in the Isle of Man by the Attorney-General of the Isle,
in Guernsey, Sark, Herm and Jethou, by the Law Officers of the Crown
in Guernsey, and in Alderney by H.M.'s Procureur.]
Disclosure of Information.
Penalty for unauthorised disclosure or use of information obtained
from particulars of invention, &c., furnished to Admiralty, &c.
(Reg. 8CC) 14
And see INFORMATION.
Diseases of Animals.
Epitome of enactments conferring powers on Board of Agriculture
and Fisheries and Department of Agriculture and Technical
Instruction for Ireland (Appendix VI, 6) 483
Exceptions from restrictions as to slaughter of animals (Appendix III) 453
Distilling:.
Use for of grain, rice, sugar, or molasses prohibited (Reg. 30D) ... 408
District Agricultural Executive Committees, Scotland.
See AGRICULTURAL EXECUTIVE COMMITTEES (DISTRICT), SCOTLAND.
District Councils, Urban and Rural, England.
Areas of (footnote (c) to Local Authorities (Food Control) O. (No. 1), 1917) 188
Enforcement by councils of certain of Food Controller's Orders
under system which terminated Dec. 31, 1917 (Local Authorities
(Food Control) O. (No. 1), 1917, Art. II) 189
Appointment of Food Control Committees. See FOOD CONTROL
COMMITTEES.
Provision of allotments and small holdings by urban councils
(Appendix VI, 2 (1) ) 477
District Councils, Urban and Rural, Ireland.
Allotments, hiring of land for and provision of seeds, &c., by urban
councils (Appendix 2 (3) ) 478
Labourers' plots, provision of by rural councils (Appendix 2 (3) ) ... 478
Index. 549
PAGX.
District Sub-Committees of Agricultural Executive
Committees, England. See AGRICULTURAL EXECUTIVE
COMMITTEES, ENGLAND.
District Wag*es Committees. See WAGES FOR AGRICULTURAL
WORKERS.
Divisional Justices, Dublin, jurisdiction as to summary offences
Editorial Note to p. 411
Admission of alleged offender to bail, in cases approved by com-
petent naval or military authority (Reg. 56 (10)) 422
Documentary Evidence Acts, 1868 and 1832.
Reproduction in consolidated form of so much of these Acts as pro-
vides that copies printed under the superintendence of H.M.'s
Stationery Office shall be prirnd facie evidence of orders or regu-
lations of certain Government Departments (Part X, 1) 437
Documents.
Forging, altering, or tampering with documents (Reg. 45) 432
Dog's.
Destruction unless claimed within three days of stray dog seized by
police constable ; duty of person taking possession of stray dog
to hand it over to police constable (Reg. 2s) 334, 376, 405
Drainage of Land. Bug-land.
Power for Board of Agriculture and Fisheries to :
require person in control of lock, &c., to regulate water for
draining land (Reg. 2M (1) (0) 271
exercise powers for remedying, or to defray expenses incurred by
inadequate drainage of land (Reg. 2M (1) 0')) 272
exercise extended powers as to drainage, flow of water, drainage
rates (Reg. 2M. (1) (h)-(o) as amended to Jan. 31, 1918)
(Addenda) 620-622
Drainage of Lands Order, 1917 307
Memoranda under Order as to maintenance of banks and^cleansing
of channels ' ". 309
Memoranda under Order as to obstruction of streams and rivers 311
Drainage of Lands Order, 1917 (No. 2) 313
Prevention of floods 314
Cultivation of Lands O., 1918, or January 11, 1918, revoking Drain-
age of Lands Orders (Addenda) 617-619
Circular under 1918 Order (Addenda) 624-627
Drainag-e of Land, Ireland.
Powers of Department of Agriculture and Technical Instruction for
Ireland as to drainage of land (Reg. 2M, as applying Oct. 21, 1917, to I.) 393
Summary of Department's circular letter as to drainage of land ... 394
Powers of Department as to drainage of land, flow of water, drain-
age rates (Reg. 2M, as applying Jan. 31, 1918, to I.) (Addenda) ... 630
Dried Fruits. See FRUIT.
Dried Milk. See CONDENSED MILK.
Drink, Articles of. See COCOA AND COFFEE ; INTOXICATING *
LIQUORS ; MILK ; MINERAL WATERS ; TEA.
Dripping-.
Not included in " meat " for purposes of Order (Public Meals O., 1917) 158
Dublin Metropolitan Police District, courts of summary
jurisdiction for Editorial Note to p. ' 410
Economy in use of grain (Proclam., May 2, 1917) 449
And see WASTE.
Egg's.
Export of (Appendix VI, 7) ... 484
" Employ," " Employer," " Employment," defined for purposes ef
Corn Production Act, 1917 (s. 17 (c) ) 223
3167 S 3
Index.
PAGE.
Enforcement of Food Controller's Orders.
By Local Authorities under system expiring Dec. 31, 1917. See
LOCAL AUTHORITY.
By food control committees under new system. See INTRODUCTORY
NOTE TO MANUAL.
Sntry.
Power of entry conferred on :
any person authorised by Food Controller, or an Inspector of
Weights and Measures (Cake and Pastry O., 1917, Art. ; :
Su;ar (Domestic Preserving) O., 1917) 40, 168
any person specially authorised in writing by Food Controller
(Food Hoarding O., 1917 (Art. 3)) 100
competent naval or military authority (Reg. 51) ... ... 434
police constable (Reg. 51) ... ... ... ... ... ... 434
officer of Board of Agriculture and Fisheries under Mainten-
ance of Live Stock Orders (Appendix III) ... ... ... 453
Entry on Land for enforcement of Cultivation Powers.
Prohibition on entry on land, etc., occupied by Government Depart-
ment (Beg. 2N) ..: 298
Amendment of Reg. 2N (Introd.) footnote (a) to xxi
tntry on common land in England (Cultivation of Lands O., 1917 (No. 2),
Art. 1 and Memorandum thereunder, II) ... ... ... 261,263
Temporary entry on land .for specific acts of cultivation by War
Agricultural Executive Committee in E. (Reg.2M (4); Memorandum
thereunder (4), VI) ' 272,295
Power to enter upon land in S. (Reg. 2M (1) (a) ; Memoranda, IV, 3) 350, 360
Entry by person authorised by Board of Agriculture and Fisheries
for purpose of reducing acreage under hops (Reg. 2xx (4)) ... 316
Future powers taking effect Aug. 21, 1918, or on termination of war, for
English and Scottish Boards of Agriculture to authorise entry
on and inspection of land under Corn Production Act, 1917
(s. 9 (4) of 1 that Act) 218
Power for Department of Agriculture and Technical Instruction for
Ireland to enter on and inspect land under Corn Production Act,
1917 (s. 9(4) of that Act) 218
Authorisation by Board of Agriculture for Scotland of occupier of
agricultural holding to enter adjoining woodland, moorland, or
heath, to take and kill rabbits between July 1 and April 30
following (O., June 14, 1917) ' 374
Evidence.
BURDEN OF PROOF. See BURDEV OF PROOF.
OF ANALYST'S CERTIFICATE. See CERTIFICATE.
OF ORDERS UNDER THE REGU LAI IONS, Orders of Admiralty, Army
Council, Board of Agriculture and Fisheries, Board of Trade,
Department of Agriculture and Technical Instruction for Ire-
land, Food Controller, Local Government Board, Local Govern-
ment Board for Ireland, Minister of Munitions, Secretary for
Scotland, Secretary of State and Treasury (Part X, 1) 437
OF WITNESSES. See WITNESS.
Ewe. See SHEEP.
'* Ex ship " interpreted for purposes of Orders of Minister of Muni-
tions as to seeds, oils and fats (Appendix VI., 14 (4) ) ... ... 504
Exciseable Liquor. See INTOXICATING LIQUORS.
Excuse. See LAWFUL AUTHORITY OR EXCUSE.
Executive Committee. See AGRICULTURAL EXECUTIVE COM-
MITTEES, E. AND W. : AGRICULTURAL EXECUTIVE COMMITTEES
(DISTRICT), S.
Index.
PAGE.
Expenses
of Local Authorities incurred in enforcing Food Controller's Orders :
defrayment of in E. (Local Authorities (Pood Control) O. (No. I),
1917) ' 187
defrayment of in S. (Local Authorities (Pood Control) (S.) O., 1917)... 194
Enforcement is now in hands of food committees. See ADDENDA I... 603
of Boards of Agriculture in meeting payments, &c., and of Agri-
cultural Wages Board, or district committees thereof, to be
defrayed by moneys provided by Parliament (Corn Production
Act, 1917, s. 16) 223
No charge will fall on local rates where Councils act under
Cultivation of Lands Order. 1917 (No. 2) (Art. of that O.,
Memorandum thereunder, XV.) ... ... ... ... 261,268
excess expenditure by local authorities ... footnote (b) to p. 261
of War Agricultural Executive Committees in E. (Memoranda under
Cultivation of Lands O., 1917 (No. 3)) 286-291
of members of District Agricultural Executive Committees in S.
(Memoranda, III, 4, under Reg. 2M as applying to S.) ' 357
of members of Wages Board, or of District Wages Committees in E.
or S. ( Memoranda under Corn Production Act) ... ... 238,245
Export, Prohibitions on.
Prohibition under Customs Acts of exportation from U.K. or Isle
of Man to certain destinations of :
articles of food and drink ; flax ; forage and food for animals ;
hides and pelts ; insecticides ; live stock ; machinery and
implements and appliances ; manures ; oils and fats ; seeds ;
timber ; wool (Appendix VI., 7 (1) revised to Jan. 31, 1918) ... 484
From U.K. of goods unless consigned as specified (Appendix VI., 7 (2)) 489
From one part of British Isles to another (Appendix VI., 7 (3)) ... 489
Breeding Sows (Maintenance of Live Stock (Breeding Sows) (I.) 0.
1917) ... 460
Horses (Horses (Prohibition on Export from Ireland) O., 1917) ... 406
In-calf animals (Maintenance of Live Stock (I.) O., 1917) ... v . 462
Malt (Malt (Restriction on Shipping) 0., 1917) 70
Wheat (Wheat (Channel Islands and Isle of Man Export) O., 1917) ... 66
Note on Trading with the Enemy (Statutory List) Proclamation
(Appendix VI., 7 (4) ) ... 490
Food Controller empowered to authorise Customs and Excise to take
action in anticipation of Proclamation, &c., prohibiting export of
article of food (Reg. 2P (4)) 8
Factory or Workshop.
Liability of actual owner not affected by Food Controller taking
possession of premises (Reg. 2GG (3)) ... ... 10
Delivery, &c., to Admiralty or Army Council or Minister of Muni-
tions of output of factory, &c., in anticipation of order or
requisition, deemed compliance therewith (Reg. 2F) ... ... 7
Power for Food Controller to take possession of any factory,
workshop or premises where any article of food is manufactured,
produced, or adapted for sale (Reg. 2GG) ... ... ... ... 9
Flour mills taken possession of under Reg. 2GG (Flour Mills Orders, 1917) 42, 48
Amendment of Reg. 2t;G (Introd.) footnote (a) to v
False Reports, Information and Statements.
GENERALLY.
Spreading false report or making false statement (Reg. 27) 431
Wrongful possession of prohibited report or statement (Reg. 27) ... 432
Falsification of report or document (Reg. 44) 432
Forgery : alteration or wrongful user or possession of permit, &c.,
(Reg.4o(rc), (cr)) ' ... 432,433
Personation of holder of, or false statement to obtain, permit, &c.
(Reg. 45 (b)) 432
Destruction or wrongful retainer of permit, &c. (Reg. 45 (c)) ... 432
Wrongful application to premises or articles of marks indicating
Government service (Reg. 45 (d)) 433
Personation of Government official (Reg. 45 (#)) ... .., ... 433
Misleading statement as to quantity or quality of goods (Re?. 45 (A)) 433
3167 S 4
552 Index.
PAGE.
raise Reports, Information and Statements continued.
SPECIFICALLY.
False statement or false representation to obtain payment under
Part I. of Corn Production Act, 1917 (s. 3 of that Act) ... 211
False statement in application for compensation or for licence ;
false personation or forgery (Flour and Bread (Prices) O., 1917) ... 60
False statement with regard to written undertaking or provisions
as to sale of meat (Meat (Sales) O., 1917) 114
False application or declaration under Sugar (Domestic Pre-
serving) Order, 1917 169
False statement for obtaining sugar ; forgery, &c., of sugar re-
gistration card (Sugar O., 1917, Art. 25) 178
Fancy Bread.
Making and sale of prohibited (Cake and Pastry O. 1917) 39
Fats. See OILS AND FATS.
Teedlngr Stuffs (for cattle or poultry).
Epitome of enactments conferring powers on the three Agricultural
Departments (Appendix VI, 8) 491
Export of (Appendix VI, 7) 484
Fees (Summary Jurisdiction) Sing-land and Wales.
Table of, and Payment and Allocation of (Appendix VIII) ... ... 512
Fencing* of land taken over by Town Councils in S. (Reg. 2L (2) ;
Memoranda thereunder (3) IV) 343,347
Fertilisers and Feeding- Stuffs.
Epitome of enactments conferring powers on the three Boards of
Agricultural Departments (Appendix VI., 8) 491
And see MANURES ; OILS AND FATS ; SEEDS.
Fictitious Transaction. See CONDITIONS OF SALE.
Finance. See EXPENSES.
Fines.
Fine of 100, and imprisonment for summary offence (Reg. 58) ... 416
Payment and allocation of fines and penalties (Appendix VIII.) ... 512
Fingrer-prints taken of persons arrested under D.R. Regs. (Reg. 55) 430
Enactments as to finger-prints ... ... ... footnote (c) to p. 430
Fires, and Fireworks.
Right for occupier of land in S. to set fire to heath or muir between
October 1 and April 30 for conservation or improvement of
grazing land (Reg. 2M (10)) 352
Restriction on display of in Scotland (footnote (b)toReg.2M (10)) ... 352
First hand Prices. See MAXIMUM PRICES.
Fish. See FRESHWATER FISH ; LOBSTERS ; PICKLED HERRINGS ;
SALMON ; SEA FISH ; SEA FISHING.
Carriage of refrigerated produce footnote (c) to p. 113
Export of fish (Appendix VI, 7) ... ... 484
Fishery Board, S.
Constitution, &c., of Board footnote (c) to p. 97
Order as to taking of Fish within parts of sea adjoining Scotland
(Sea Fishing (S.) O., 1917) 99
Flax Home Grown ).
Particulars required by Army Council as to purchases, production,
etc., of flax (Appendix VI, 9 (1)) 492
Requisitioning of flax by Minister of Munitions (Appendix VI, 9 (2) ) 492
Saving of flax seed in Ireland (Appendix VI, 9 (3)) 493
Export of flax (Appendix VI, 7) 484
index. 553
PAGE.
Floods, Prevention of.
Power for Board of Agriculture and Fisheries to :
require person in control of lock, etc., to regulate flow of water
(Reg.2M(l) (*)) 271
exercise powers for remedying, or to defray expenses incurred by.
flooding of land (Reg. 2M (1) (j) ) 272
And see DRAINAGE OF LAND.
Flour.
Denned for purposes of :
Public Meals Order, 1917 160
Flour and Bread (Prices) Order, 1917 60
" Wheaten flour " defined for purposes of :
Cake and Pastry Order, 1917 3i)
Wheat, Rye and Rice (Restriction) Order, 1917 41
Wheaten flour to be straight run flour ; prescribed percentage to be
obtained from wheat ; percentage of other cereals to be mixed
with wheaten flour :
Prescribed percentage and mixture after March 12, 1917
(Manufacture of Flour and Bread O., No. 2) ... ... 32
Prescribed percentage and mixture after April 10, 1917
(Manufacture of Flour and Bread O., No. 8) 36
EXPORT to all destinations of bean, corn, pea, rice, rye, sago, tapioca,
and wheat flour, and of barley, oat, and other meal prohibited
(Appendix VI, 7) 484
FLOUR MILLS. See MILLS.
PRICES. Maximum prices fixed ; provisions as to contracts ; shipment
to Channel Islands or Isle of Man prohibited ; returns of stocks
and dealings required (Flour and Bread (Prices) O., 1917) 55
Extra charge made for bags (General Licence, Oct. 12, 1917) 67
RATIONS. Rationing of flour at public meals ; ascertainment of weight
(Public Meals O., 1917) 158
Variation in ascertainment of gross quantities to be used per week in
inns, hotels and boarding-houses (General Licence, Oct. 8, 1917) ... 162
USE. Prescribed percentage of flour in making of cakes, buns, and
scones (Cake and Pastry O., 1917) 39
Wheat and rye to be used only for seed or flour ; wheat, rye, and
rice flour not to be damaged or used for other than human food
(Wheat, Rye, and Rice (Restriction) O., 1917) ... 41
Power for Local Authorities :
in E. to enforce, and prosecute under Manufacture of Flour and
Bread Order (No. 2), ly!7 (Clause 5) 190, 192
Flour and Bread (Prices) Order, 1917 (so far as relates to
retail transactions) ... ... ... ... ... 55, 192
in S. to enforce Manufacture of Flour and Bread Order (No. 2),
1917 "... 196
Flour and Bread (Prices) Order, 1917 (so far as relates to
retail transactions) ... ... ... ... ... ... 55
Enforcement now by food committees. See ADDENDA I. ... 603
Food Control Committees.
Outline of new system as to Food Control Committees and as to En-
forcement of Orders and Prosecutions thereunder in England
and Wales, Scotland, and Ireland, respectively. (Introd.) ...viii-xiv
Establishment of Food Control Committees for Great Britain
(Food Control Committees (Constitution) O., 1917) 199
Functions of English Local Authorities as to Food Control Commitiees
(Local Authorities (Food Control) O. (No. 2), 1917) 204
Functions of Scottish Local Authorities as to Food Control Com-
mittees (Local Authorities (Food Central) (Scotland) (No. 2) O., 1917) 206
Press notice as to Food Control Committee for Ireland (Notice, Sep. 1,
1917) ... 208
Power for Food Controller to provide for exercise by local bodies
constituted under order of such powers as may be conferred by
order (Reg. 2J (1)) 11
Amendment of Reg. 2j (1) (Introd.) footnote (a) to v
554 Index.
PAGE.
Food Control Committees continued.
Specific powers conferred on Committees by Orders of the Food
Controller as to :
BEER. Power for Committee to authorise procuring of samples
for analysis (Beer (Prices and Descriptions) O., 1D17) 81
BUTTER. Scale of maximum prices of butter sold by retail in
Great Britain prescribed (Butter (Maximum Prices) O.,.1917,
Art. 5) 128
FLOUR AND BREAD. Issue of licences under exceptional circum-
stances authorising higher prices (Flour and Bread (Prices) O. ? ,
1917) ... 57
MEAT. Scale of maximum prices of meat sold by retail in
Great Britain prescribed (Meat (Maximum Prices) O., 1917, Art. 7) 119
MILK. Power (with consent of local authority in certain cases)
to vary maximum price, arrange for distribution, and control
delivery and inspection ( Milk O., 1917) ... 131
POTATOES. Grant of certificates of registration to dealers ; power
to require information and to inspect (Potatoes O., 1917) ... 143
SUGAR. Grant of certificates of registration to retail dealers ;
power to require information and to inspect (Sugar (Registra-
tion of Retailers) O., 1917) 170
Issue of authorities and vouchers for purchase and delivery of
sugar ; direction of use of sugar (Sugar O., 1917. Pt. II.) ... 173
Powers as to multiple and combined businesses (Sugar O., 1917,
Pt III.) i7<;
Issue of sugar registration cards (Sugar Order, 1917, Art. 21) ... 177
Food Controller.
CONSTITUTION OF MINISTRY. Outline of enactments establishing
Ministry (Introd.) iv
Establishment of Ministry of Food (6 & 7 Geo. o, c. 68, s. 3) ... ... 1
Seal and style of Food Controller (6 & 7 Geo. 5, c. 68, s. 11) 2
Officers and remuneration (6 & 7 Geo. 5, c. 68, s. 10) 2
Ability of Food Controller and Secretary to sit in House of Commons
(6 & 7 Geo. 5, c. 68, s. 12) 3
List of Offices of Profit immediate succession from the one to the
other of which does not vacate seat in House of Commons
(Appendix VII, 1) 510
Cessation of Ministry at period after the war (6 & 7 Geo. 5, c. 68 s. 13) 4
POWERS AND ORDERS. Outline of Food Controller's powers (Introd.) iv-vii
Periodic editions of Food Controller's Orders (Introd.) vii
Powers and Duties of Food Controller (6 & 7 Geo. 5, c. 68, s. 4) 1
Orders of Controller. See FOOD SUPPLY.
Powers as to authorising brewing for canteens (6 & 7 Geo. 5, c. 26, s. 6
as amended) ... ... ... ... ... ... ... ... 473
Power of Controller to authorise Customs and Excise to act in
anticipation of Proclamation prohibiting export of article of
food (Reg. 2F (4)) ... 8
Proof of Order of Controller. . See DOCUMENTARY EVIDENCE ACTS.
Compliance with order of Controller good defence to action for
breach of contract. See CONTRACT.
Food Production, England and Wales.
Report of (Lord Milner's) Committee and Initiation of Legislation
(Introd,) xiv, XT
AGRICULTURAL EXECUTIVE COMMITTEES. Constitution, staff, ex-
penses and powers. See AGRICULTURAL EXECUTIVE COMMIT-
TEES.
CROPS. Prevention of injury to crops by birds, hares or rabbits.
See CROPS.
CULTIVATION OF LANDS. See CULTIVATION OF LANDS, E.
HOPS. Reduction of acreage cultivated with hops (Reg. 2xx) ... 316
Memoranda by Board thereunder ... 317,318
HORSES. Use of horses in Agriculture. See HORSES.
LAND DRAINAGE. Sec DRAINAGE OF LAND.
PIGS. Keeping pigg notwithstanding bye-laws, authorised (Reg. 2o) 31$
Index. 55;
Food Production, Scotland.
Reports of Scottish Committee and Initiation of Legislation (Introd.) xiv
CROPS. Prevention of injury to crops by deer, birds, hares or rabbits.
See CROPS.
CULTIVATION OF LANDS. See CULTIVATION OF LANDS, S.
DISTRICT AGRICULTURAL EXECUTIVE COMMITTEES. Constitution,
staff, expenses and powers. See AGRICULTURAL EXECUTIVE
COMMITTEES (DISTRICT), S.
HORSES. Supply of horses for Agriculture. See HORSES.
PIGS. Keeping pigs notwithstanding bye-laws (Reg. 2o) ...... 368
Food Production, Ireland.
Reports of Irish Committee and Initiation- of Legislation (Introd.) ... xiv
COMPULSORY TILLAGE. See COMPULSORY TILLAGE, I.
CROPS. Prevention of injury to crops by birds, hares, rabbits, etc.
See CROPS.
CULTIVATION OF LANDS. See CULTIVATION OP LANDS, I
HORSES. Exportation of horses. See HORSES.
PIGS. Keeping pigs notwithstanding bye-laws (Reg. 2o) ...... 395
Food Production Committees, England.
Suggested formation of committees for cultivation of gardens and
pleasure-grounds in E. (Art. 7 of Cultivation of Lands O., 1917
(No. 2), and Memoranda thereunder, XIII) ......... 262,267
Food Production (Advisory) Committee, Ireland.
Constitution of (Memorandum) ... ... ... ... ... ... 383
Food Supply.
EXPORT of articles of food and drink (Appendix VI, 7) ...... 484
FOOD CONTROLLER q.v.
Empowered to take possession of food, and articles used in the
production thereof (Reg. 2s) ... ... ... ... ... 6
Empowered to regulate dealings in food (Reg. 2E) ...... 7
Empowered to make orders as to manufacture, use, distribution,
supply, sale or purchase of any articles for encouraging or
maintaining food supply (Reg; 2F) ... ... ... ... 7
Orders made under Reg. 2r as to BACON, BEANS, BREAD,
BUTTER, CHEESE, FISH, FLOUR, GAME (Feeding of), HAM,
LARD, MEALS (Public), MEAT, MILK, OATS, PEAS,
POTATOES, PULSE, RICE, RYE, SUGAR, SWEDES, TEA and
WHEAT. [For details see those headings in this Index] ...21-186
FOOD CONTROLLER q.v. empowered to make orders requiring returns
(Reg. 2G) ... ................... 8
Orders made under Reg. 2G as to MILK, PICKLED HERRINGS,
and TEA. [For details see those headings in this Index]
Power of Food Controller to take possession of any factory,
workshop or premises where any article of food is manufac-
tured, produced or adapted for sale (Reg. 2GG) ...... 9
Orders made under Reg. 2ciG as to Flour Mills. See MILLS.
Power of Food Controller to hold inquiries (Reg. 2n) ...... 10
Inter-departmental arrangements ; power to revoke or vary
orders (Reg. 2.T) ... .................. 11
LAND CULTIVATION POWERS FOR MAINTENANCE OP FOOD SUPPLY.
See CULTIVATION OF LAND.
Food. Taking* Possession of.
Power for Admiralty, Army Council, Minister of Munitions or Food
Controller to :
take possession of food (R3g. 2s) ... ... ... ... ... 5
regulate, restrict, or prohibit manufacture, purchase, sale, delivery
of or payment for, or other dealing in food (Reg. 2E) ... 6
require person engaged in production, manufacture, purchase,
sale, distribution, transport, storage, or shipment of food to
furnish particulars of his business (Reg. 2G and Part VJII) 9, 407
556 Index.
*
PAGE.
Foragre.
Power for Admiralty, Army Council, or Minister of Munitions to :
take possession of forage (Reg. 2s) 5
regulate, restrict, or prohibit manufacture, purchase, sale,
delivery of, or payment for, or other dealings in forage
(Reg.2E) 6
require person engaged in production, manufacture, purchase,
sale, distribution, transport, storage, or shipment of forage
to furnish particulars of his business (Part VIII) ... ... 407
Prohibition by Army Council of lifting of hay or wheat or oat straw
in U.K. or Isle of Man (Appendix VI, 10 (1)) 495
Maximum prices for hay and oat and wheat straw in U.K. and Isle
of Man (Appendix VI, 10 (2)) 496
Export of forage and food for animals (Appendix VI, 7) 489
Forestry. See AGRICULTURAL EMPLOYMENT.
Forfeiture of Goods.
For offences against Defence of the Realm Regulations (Regs. 57, 58) 425, 416
Fresh Fruit. See FRUIT.
Freshwater Fish.
Department of Agriculture and Technical Instruction for Ireland
empowered to authorise taking of " freshwater fish " by means
otherwise unlawful (Freshwater Fish (I.) O.) 88
List of local Orders by Department under above Order 89
Supply of water to fish passes ... footnote (a) to p. 312
Frozen Meat, dtc. See REFRIGERATED PRODUCE.
Fruit.
Dealings in dried fruits prohibited outside U.K. (Dried Fruits
(Restriction) O., 1917) 85
Authorisation of dealings in Tunis and Egyptian dates outside U.K.
(General Licence, Oct. 10, 1917) 86
Requisitioning of currants and sultanas afloat and shipped to U.K.
(Currants and Sultanas (Requisition) O., 1917) 86
Maximum prices for
certain stone fruit grown within U.K. and bought by jam manu-
facturers (Stone Fruit (Jam Manufacturers' Prices) O., 1917) ... 101
raspberries grown in U.K. and bought by jam manufacturers,
fixed at 35 per ton (Raspberries (Jam Manufacturers' Prices)
O., 1917) 103
Scotch raspberries to be delivered to Food Controller (Raspberries
(Scotland) Delivery O., 1917) 106
Prohibition on dealings in apricot pulp and bitter or sour oranges
outside U.K. ; returns required (Apricot Pulp and Bitter Oranges
O., 1917) ... Ill
Supply of sugar for the domestic preserving of fruit (Sugar (Domestic
Preserving) O., 1917) 168
Carriage of refrigerated produce footnote (c) to p. 113
Power for local authorities
in E. to enforce and prosecute under-
Stone Fruit (Jam Manufacturers' Prices) Order, 1917 101, 192
Raspberries (Jam Manufacturers' Prices) Order, 1917 103, 192
in S. to enforce
Stone Fruit (Jam Manufacturers' Prices) Order, 1917 ... 101
Raspberries (Jam Manufacturers' Prices) Order, 1917 ... 103
Enforcement now by food committees. See ADDENDA I. ... 603
Export of (Appendix VI, 7) 484
Import of (Appendix VI, 12) 499
Index. 557
PAGE.
Game.
Feeding of " game birds " with grain prohibited (Feeding of Game O.,
1917) 31
"poultry and game" denned for purposes of Public Meals Order,
1917, as including rabbits, hares, and any kind of bird killed for
food 158
Export of game (Appendix VI. 7) ... ... . ... 484
Game, England.
Injury to crops by birds or hares, power to prevent (Reg. 2R as
applying to E.) 320
Close time for game birds and hares (footnote (a) to Reg. 2E) 320
Order by Board of Agriculture and Fisheries authorising taking and
killing certain kinds of migratory wild birds (O., July 30, 1917) ... 322
Order by Board prohibiting rearing or hatching of pheasants by
artificial means (Pheasants '(Rearing) O., 1917) 323
Memoranda thereunder 324
Power of agricultural committees in E. and W. to authorise killing
of pheasants (Destruction of Pheasants O., 1917 (No. 2)) 324
Memoranda thereunder ... ... ... ... ... ... ... 326
Authorisation by Board of killing, taking, &c., grouse and black game
(Grouse and Black Game (E. and W.) O., 1917) 321
Order by Board of Agriculture and Fisheries authorising sale of hares
and leverets (Sale of Hares O., 1917) 330
Memoranda thereunder 330
Power for Local Authorities in E. to enforce and prosecute under
Feeding of Game Order, 1917, (Clause 1) 190, 192
Game, Scotland.
Injury to crops or wastage of pasture by deer in Scotland, power to
prevent (Reg. 2Q) ... 389
Killing of deer trespassing on grazings or injuring crops authorised
(O., Jan. 15, 1917) 369
Memorandum as to killing of deer 369
Injury to crops by birds or hares, power to prevent (Reg. 2R as
applying to S.) ... ... ... ... ... ... ... ... 371
Close time for game birds and hares (footnote (a) to Reg. 2n) 372
Memorandum discouraging rearing of game 370
Authorisation by Board of Agriculture for S. of killing, taking, &c.,
grouse and black game (Grouse and Black Game (S.) O., 1917) ..'. 375
Power for Local Authorities in S. to enforce Feeding of Grame Order,
1917 (Clause 1) 196
Game, Ireland.
Injury to crops by birds or hares, power to prevent (Reg. 2R as
applying to I.) ... ... ... ... ... ... ... ... 404
Close time for birds and hares (footnote (ito Reg. 2n) 404
Gardening:. See AGRICULTURAL EMPLOYMENT.
Gardens and Pleasure-Grounds. Cultivation of in urban
areas in E. (Art. 7 of Cultivation of Lands O., 1917 (No. 2) ; Memoranda
thereunder, VII.) 262,265,267
Glucose.
Included in definition of sugar (Cake and Pastry O., 1917) 39
Manufacture of from maize, barley, or oats prohibited (Maize, Barley
and Oats (Restriction) O., 1917) 43
Goats included in definition of " cattle " for purpose of Cattle and Meat
(Returns) Order, 1917 117
Goat's flesh when included in " meat." See MEAT.
Golf Links. Ireland.
Compulsory tillage of portion. See COMPULSORY TILLAGE, IRELAND.
Gooseberry Mildew. See DESTRUCTIVE INSECTS AND PESTS.
558 Index.
PAGE.
" Government Ale " ; " Government Beer/ 7
Unlawful use of words prohibited (Beer (Prices and Descriptions) O.,
1917, ^H. 8) 82
Government Department.
CONTRACT. Relief from liability under contracts affected by Depart-
ments requirements or restrictions (Part XI.) ... ... ... 443
INTER-DEPARTMENTAL ARRANGEMENTS between Food Controller
and other Departments (Reg.2j(l) ) 11
LANDS IN OCCUPATION OF. Unauthorised entry on lands in posses-
sion of Department for cultivation purposes a summary offence
(Reg. 2N) 298
PROSECUTIONS. Summary prosecution by person authorised by
Department concerned for offence against D.R. regulations
(Reg. 56(11)) 414
WRONGFUL APPLICATION to premises, etc., of marks indicating Gov-
ernment service (Reg. 45 (d) ) 433
Government Official.
Personation of Government official (Reg. 45 (g}) ... ... ... 433
Grain.
Prohibition against use of grain, malted or unmalted, for production
of whiskey, &c., without permit of Minister of Munitions
(Reg.SOD) ... ^ ... 408
Record to be kept and returns maJe as to grain dealt with (Flour
Mills O.. No. 2. 1917) 48
Feeding of "game birds" with, prohibited (Feeding of Game O., 1917) 31
Export of cereals and corn and grain offals (Appendix VI, 7) 484
nee cross-refs. under CEREALS.
Grants of money made to Agricultural Executive Committees... 286-291
Gravity of beer to be stated ; control of draught beer of a certain
gravity (Beer (Prices and Descriptions) O., 1917) 80
Grazing* Xiand.
Right for occupier of land in S. to " make muirburn " between
October 1 and April 30 for conservation or improvement of
grazing land (Reg. 2M (10) and footnote (a) thereto) 352
Greeng-ag-es. See FRUIT.
Grocer.
Grocer not to dispose of any sugar issued under Order except
for the purposes of fruit-preserving, to such persons as have
. formally applied for the sugar (Sugar (Domestic Preserving) O.,
1917) 168
Ground Game Act, 188O (43 & 44 Viet. c. 47).
S. 1 (1) applied to Pheasants (Destruction of Pheasants O., 1917 (No. 2)) 324
Grouse.
Authorisation by Boards of Agriculture for killing, taking, etc.
(Grouse and Black Game (E. and W.) O., 1917: Grouse and Black
Game (S.) O., 1917) 321,375
Guernsey, Bailiwick of. (Comprising the Islands of Guernsey
Alderney, Sark, Ham, and Jethou).
[Certain but not all of the D R. Regulations have been registered in Guernsey
and apply with adaptations to the whole bailiwick].
Export to from U.K.', prohibitions on. See CHANNEL ISLANDS.
Public Prosecutor's powers in' (footnote (a; to Reg. ..6 (13) (14) ) ... 418
Gun Licence Required for shooting birds, ground game, etc., under
Reg. 2R and orders thereunder .120, 329, 33 1, 372, 404
Index.
PAGE.
Ham.
When included in definition of " meat." S-;e MEAT.
Maximum prices fixed for sale by importer, manufacturer or curer
(Bacon, Ham and Lard (Maximum Pricis) O., 1917) ... ... 21.
Import of (Appendix VI, 12) ... 499
Hames and cart-horse collars requisitioned by Army Council (Appendix
VI, 1(3)) ... ... ... 476
Hard Labour.
Imprisonment with for committing summary offence (Reg. 58) ... 416
Hares
FOOD. Included in " game " for purposes of Order (Public Meals O.,
1917) 160
INJURY TO CROPS by, powers of the three Agricultural Boards
(Reg. 2B as applying in E., S. and I. respectively) ... 320, 371, 404
Close time for under statute (footnote ia) to Reg. 2R) 320, 371, 404
SALE. Authorisation to sell hares and leverets in E. and W. (Sale of
Hares O., 1917) 330
Memoranda under Order 330
Hay and Straw.
Prohibitions under Reg. 2u by Army Council on Lifting of hay and
oat and wheat straw in U.K. or Isle of Man (Appendix VI. 10 (1)) 495
Maximum prices fixed under Reg. 2E by Army Council for hay and
oat and wheat straw in U.K. and Isle of Man (Appendix VI, 10 (2) ) 496
No restriction on use of, for feeding horses (Horses (Rationing) O., No. 2,
1917) 61
Export of forage (Appendix VI, 7 (I) ) ... 484
Hearing-
by Court of Summary Jurisdiction may be in camera ; sentence to be
in public (Reg. 58) 416
Heath.
Right for occupier of land in S. to set fire to heath or muir between
October 1 and April 30 for conservation or improvement of
grazing land (Reg. 2M (10)) 352
Authorised entry of occupier of agricultural holding in S. on
adjoining woodland, moorland or heath, to take and kill rabbits,
between July 1 and April 30 following (0., June 14. 1917) ... 374
Herring's. See PICKLED HERRINGS.
Hides). .
Epitome of Army Council Orders of April 7 and June 5, 1917, as
to dealings in ox, heifer, cow, and bull hides, and in sheep pelts
(Appendix VI., 11) ... 498
Export of hides and pelts (Appendix VI., 7) 484
Import of hides (Appendix VL 12) ... ... 499
Hig-h Court, Eng-land.
Appeal to from summary conviction by special case
(footnote (d) to Reg. 58) 416
Summary Jurisdiction Court Fee thereon (Appendix VIII) ... 512
Arbitration by judge of (selected by Lord Chief Justice) as to price
of requisitioned output of factory. (Reg. 7) ... 12
Power of suspending contracts. See CONTRACT.
Trial by, of felony under Regulations, see TRIAL AND PUNISHMENT,
&c.
Index.
PAGE.
Kigrh Court, Ireland.
Appeal to from summary conviction by special case on point of law.
(footnote (1 to Reg. 58) 417
Arbitration by judge of as to price of requisitioned output of factory
(Reg. 7)... 12
Power of suspending contracts. See CONTRACT.
Trial by, of felony under Regulations. See TRIAL AND PUNISHMENT,
&c.
High Court of Justiciary, Scotland.
Trial by, of felony under Regulations (Reg. 56A) 424
No appeal from High Court of Justiciary (footnote (b) (ii) to Reg. 56A) 424
Appeals to by stated case, from summary conviction
( footnote (a) to Reg. 58) 417
Fees payable on appeals. &c. (footnote (a) to Reg. 58) 417
Hoarding-.
Supplies of food beyond those for ordinary use not to be held ;
powers of entry and examination by person specially authorised
in writing by Food Controller (Food Hoarding 0., 1917) 100
Holding*. See AGRICULTURAL HOLDING.
"Home-milled flour" defined as flour manufactured in U.K.
(Flour and Bread (Prices) O.. 1917) 60
Hominy.
Maximum retail price for (Oat and Maize Products (Retail Prices) O., 1917) 44, 47
Export of (Appendix VI, 7) ... 484
Honey.
Export of (Appendix VI, 7) 484
Hops.
Reduction of acreage under hops in E. to one-half that of June, 1914,
(Reg. 2NN as in force Oct. 21, 1917) 316
Memoranda of Board of Agriculture and Fisheries under Reg. 2NN 317, 318
Regulation 2NN as amended and in force Jan. 31, 1918 (Addenda) ... 628
Powers of Food Controller as to hops (Reg. 2 j (5)) ... 12
Restriction on dealings (Hops (Restriction) O., 1917, as amended by Hops
(Restriction) O., (No. 2), 1917) 77
Import of (Appendix VI, 12) ... 499
Horses.
Proclamation requiring economy in use of grain for feeding horses
(Appendix 1) ... ... 449
Rationing of cereal foodstuffs to (Horses (Rationing) O.( No. 2), 1917)... 61
Power for Local Authorities
in E. to enforce, and prosecute under Horses (Rationing) Order
(No. 2), 1917 61,192
in S. to enforce Horses (Rationing) Order (No. 2), 1917 ... 61
Enforcement now by food committees. See ADDENDA I ... ... 603
Prohibition on parting with horses used in agriculture (Reg. 2x as
applying to E. and S.) 335,377
Authorisation by Board of Agriculture and Fisheries for issue of
licences under Reg. 2T (Sale of Horses O., 1917) 336
Form of such licence ... ... ... ... ... ... ... 339
Memoranda of Board under Order ... ... ... ... ... 337
Arrangments for provision of horses by :
District Agricultural Executive Committees in S. (Memoranda, VI) 362 .
Department of Agriculture and Technical Instruction for Ireland
in I. (Memoranda (2), III) ... 388
Prohibition on exportation of horses from I, (Reg. 2T (6) ; Horses
(Prohibition of Exportation from I.) O., 1 917) 406
[The exportation order was withdrawn as from Feb. 1, 1918, by
order of Jan. 26, 1918.]
Census of horses in E., S. and I. (Appendix VI, 4) ... 480
Hotel. See PUBLIC EATING PLACE.
Index.
PAGE.
House of Commons, Vacation of Seat in.
Offices of profit immediate succession of one to the other of which
does not vacate seat in House (Appendix VII, 1) 510
Relief from disqualification for membership as .regards certain
contracts ... ... ... ... ... ... ... ... 511
House of Lords.
Appeal to in E. in special circumstances. See COURT or CRIMINAL
APPEAL.
Husband of person charged with offence. S.ee WITNESS.
Icing* Sugar, use of, on cakes. See CAKE.
Importation, Prohibitions on.
Prohibition under Customs Acts of importation into U.K. or Isle of
Man of certain articles of food and drink and other agricultural
products and adjuncts (Appendix VI, 12) 499
" Importer " defined as including any person sighting the shipper's
draft (Bacon, Ham and Lard (Maximum Prices) O., 1917 ; Butter (Maximum
Prices) O., 1917) 21,127
Imprisonment
for 6 months with or without hard labour and fine of 100 for sum-
mary offence (Reg 58) ... ... ... ... ... ... 416
penal servitude for life may, subject to limitations as to certain
offences, be inflicted by civil court with jury or court-martial
(Regs. 56A, 57) ... 424,425
In Camera.
Trial in camera on application of prosecution by Summary Juris-
diction Court for offence against Regulations ; passing of sentence
in public (Reg. 58) 416
Indictment. See TRIAL AND PUNISHMENT OF OFFENCES.
" Industrial Purpose " defined as meaning any purpose other than
manufacture of an article intended for human food (Flour and Bread
(Prices) O., 1917) .. 59
Industrial Schools, dietaries for (Appendix II.) 450
Inebriates, dietaries of institutions for (Appendix II.) 450
Information.
Power of Food Controller to require returns as to articles of food
(Reg.2G) 8
Returns required as to :
Apricot pulp (Apricot Pulp and Bitter Oranges O., 1917) Ill
Cattle (Cattle and Meat (Returns) O., 1917) ... 117
Flour, output capacity (Flour Mills O., No. 2, 1917) 48
Meat (Cattle and Meat (Returns) O., 1917) 117
Milk (Milk (Returns) O.. 1917) 125
Oranges and orange pulp (Apricot Pulp and Bitter Oranges O., 1917)... Ill
Pickled Herrings (Pickled Herrings (Returns) O.. 1917) . 93
Potatoes (Seed Potatoes (Immune Varieties) O., 1917) 141
Information to be given to Food Control Committee :
By holder of certificate of registration as to dealings in potatoes
(Potatoes O., 1917, Art. 24) 147
By registered retailer of sugar (Sugar (Registration of Retailers) O.,
1917) 170
Information regarded as confidential acquired by person authorised
under :
Flour and Bread (Prices) Order, 1917 55
Sugar Order, 1917 172
Inn. See PUBLIC EATING PLACE.
Index.
PAGE.
Inquiry
by appointees of Food Controller as to article connected with Food
supply, or by appointees of Board of Trade as to article not
within Controller's powers ; power to take evidence on oath
(Reg.2H) ..- ... ... 1C
Insects, Destructive. Set DESTRUCTIVE INSECTS AND PESTS.
Insecticides, export of (Appendix VI, 7) 484
Inspector of Weights and Measures.
Order of Food Controller conferring certain powers as to sampling
and weighing on Inspectors of Weights and Measures in E. and I.,
and authorising them to prosecute summary offences (O., June 11,
1917) '.. ... 193
Orders, breaches of which may be prosecuted by Inspectors of Weights
and Measures in E. and I. :
Bread Order, 1917 35
Cake and Patry Order, 1917 39
Manufacture of Flour and Bread Order (No. 2), 1917 ... 32
Tea (Nett Weight) Order, 1917 183
For provisions as to weights and measures. See WEIGHTS AND MEASURES.
Institutions. " Institution " defined for purposes of Sugar Order, 1917
.(Art. 1 of that Order) 172
Supply of sugar to institutions (Sugar O., 1017, Parts Hand III) 173-177
Dietaries of Institutions (Appendix II.) 4o()
Instruction.
Special provisions for instruction in cultivation of allotments, etc.,
in Ireland (Memoranda (2) IV.) 392
Insulated spaces.
Requisitioning of, for carriage of refrigerated produce in H.M.'s
ships ... ... ... ... ... ... footnote (c) to p- 113.
Insurance.
Not to be effected by agricultural executive committees of property
taken possession of by them (Memorandum IX) 291
Insurance of Articles in which Dealing's are restricted
by Food Controller's Orders.
Restrictions do not extend to prohibiting insurance of :
Apricot pulp or bitter or sour oranges or pulp (Apricot Pulp and
Bitter Oranges O., 1917) ... Ill
Dried fruits (Dried Fruits O., 1917) ...
Sugar (Dealings in Sugar (Restriction) O.) 166
Interdepartmental Arrangements.
Exercise by other Departments of Food Controller's powers.
(Reg. 2J(1)) ... ... H
Interpretation of Terms.
Application of Interpretation Act to D.R. Regulations and Orders
(Reg. 63) .... 440
[All words and expressions defined by Acts, Regulations or Orders within
the scope of this Manual will be found under their names in this Index.]
Interrogation.
Powers of competent naval or military authority ; officer, soldier or
sailor on patrol duty ; police constable ; to stop and question
Index.
PAGE.
Intoxicating- Ziiquors.
Restriction on output of beer (Output of Beer (Restriction) Act, 1916, as
amended ; Intoxicating Liquor (Output and Delivery) Orders, 1917) 470, 71, 78
Delivery of wine and spirits (Intoxicating Liquor (Output and
Delivery) O., 1917, Pt. II) 74
Treasury Rules under Part II of Order 75
Sales of draught beer of a certain gravity, in licensed premises having
a public bar, to be by imperial measure and at fixed maximum
prices (Beer (Prices and Description) 0., 1917) 80
Manufacture of malt from cereals for brewing prohibited. See
MALT.
Export of (Appendix VI. 7) 484
Import of (Appendix VI. 12) ... 499
Prohibition on use of grain for manufacture of Whiskey. See
WHISKEY
Invoices. See WARRANTIES AND INVOICES.
Ireland. Special provisions of Food Supply and
Production Legislation in application to Ireland.
ATTORNEY GENERAL FOR IRELAND. Consent by requisite to certain
D.R. prosecutions (Reg. 56 (11)) 414
Decision by as to forum for " press offences " (Reg. 56 (13)) ... 418
"munition offences" (Reg. 56 (14))... 418
CHIEF SECRETARY. See CHIEF SECRETARY FOR IRELAND.
COURT OF CROWN CASES RESERVED. Reservation for by special
case on point of law (Reg. 5QA, footnote (b) (iii)) 424
DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR
IRELAND. See DEPARTMENT OF AGRICULTUTE AND TECHNICAL
INSTRUCTION FOR IRELAND.
EXPORT from Ireland, prohibited of :
Breeding Sows (Maintenance of Live Stock (Breeding Sows) (I.) O.,
1917) 460
Horses (Horses (Prohibition of Exportation from Ireland) O., 1917) ... 406
In-calf animals (Maintenance of Live Stock (I.) O., 1917) 462
Malt (Malt (Restriction on Shipping) O., 1917) 70
FISH. Authorisation by Department of Agriculture and Technical
Instruction for Ireland of taking, sale, and purchase of
freshwater fish in Ireland (Freshwater Fish (I.) O., 1917) ... 88
Orders by Department jas to fishing in certain waters ... ... 89
Taking of salmon and sea-trout in Ireland. (Fisheries (I) O., 1917) 92
Orders made by Department under said Order as to particular
waters ... footnote (b) to p. 92
Taking of fish within tidal and territorial waters of Ireland
(Sea Fishing (I.) O., 1917) 94
Order as to drift net fishing for herrings (O., Sept. 18, 1917) ... 96
HAY AND STRAW. Prohibition of Lifting of, and Maximum Prices
for. See HAY AND STRAW.
HIGH COURT. Appeal to from summary conviction on point of law
(Reg. 58 footnote (b)) 417
HORSES.
Census required (Appendix VI, 4) ..: 480
Exportation of restricted (R eg . 2T (6) ; Horses (Prohibition of
Exportation from Ireland) O., 1917) - 406
LOCAL GOVERNMENT BOARD FOR IRELAND. See LOCAL GOVERN-
MENT BOARD FOR IRELAND.
LORD CHIEF JUSTICE OF IRELAND. See LORD CHIEF JUSTICE.
LORD LIEUTENANT. See LORD LIEUTENANT.
MAINTENANCE OF LIVE STOCK. See MAINTENANCE OF LIVE STOCK.
MALT. Shipping of, from Great Britain to Ireland and vice vend,
or from any part of U.K. either -to Channel Islands or Isle of
Man, prohibited (Malt (Restriction on Shipping) O., 1917) 70
QUARTER SESSIONS. Appeal to from summary conviction (Reg. 58,
footnote (b)) 417
564 Index.
PAGE.
Ireland. Special provisions of Food Supply and
Production Legislation in application to Ireland
continued.
SUGAR. Returns to be made of sugar supplied to customers in
Ireland (Sugar (Sales for I. Returns) O., 1917) 180
SUMMARY JURISDICTION. Summary Jurisdiction (I.) Acts
(footnote (b) to Reg. 58) 417
TRIAL BY JURY. Suspension of, in Ireland ; courts of summary
jurisdiction not affected Note to p. 427
WOOL. Prohibition on dealings in and prices for. See WOOL.
Irish Land Commission.
Constitution, etc. ... ... ... ... ... footnote (b) to p. 226
Certain of the Commission's powers vested in Department of Agricul-
ture and Technical Instruction for Ireland (Introd. Note to
Pt.VII(4)) 380
Questions and amounts under Parts III and IY of Corn Production
Act, 1917, to be determined by Commission instead of by arbi-
tration (s. 18 (2) (d) of that Act) 226
Isle of Man.
[Under the Isle of Man (War Legislation Act, 1914 (4 & 5 Geo. 5, c. 62) )
certain but not all of the D. R. Regulations have been by Order in Council
extended with adaptations to the lele of Man. All these Orders in Council
are printed for sale as " Statutory Rules and Orders."]
PROHIBITIONS ON EXPORTATION. See EXPORT.
[For Customs purposes the Isle of Man is part of the United Kingdom
(see s. 277 of the Customs Consolidation Act, 1876 (39 & 40 Viet. c. 36) ),
and therefore the prohibitions on export of articles of food to destinations
outside the U.K. or isle of Man, as to which tee EXPORT, apply to the
Isle.]
HAY. Prohibition of lifting of, and maximum prices for. See HAY
AND STRAW.
WHEAT, restrictions on export within U.K. (Wheat (Channel Islands
and Isle of Man Export) O., 1917) 66
"Jam " defined as including conserve (Jam (Prices) O., 1917) 108
Excapted from provisions as to prescribed amount of sugar to be used
in manufacture (Sugar (Restriction) O., 1917) 167
Maximum prices fixed for :
certain stone fruit grown in U.K. bought by jam manufacturers
(Stone Fruit (Jam Manufacturers' Brices) O., 1917) 101
raspberries grown in U.K., bought by jam manufacturers, at 35
per ton (Raspberries (Jam Manufacturers' Prices) O., 1917) ... 103
jam and jelly sold wholesale or by retail (Jam (Prices) O., 1917) ... 107
Constituents of jam and jelly regulated (Jam (Prices) O., 1917) ... 107
Special provisions as to prices of jam in Orkneys and Shetlands
(General Licence, Oct. 16, 1917) 112
Note as to licences under Jam (Prices) Order, 1917 footnote (a) to p. 107
Power for Local Authorities
in E. to enforce, and prosecute under :
Stone Fruit (Jam Manufacturers 1 Prices) Order, 1917 101, 192
Jam (Prices) Order, 1917 107,192
in S. to enforce :
Stone Fruit (Jam Manufacturers' Prices) Order), 1917 ... 103
Jam (Prices) Order, 1917 107
Enforcement now by food committees. See ADDENDA I ... 603
Jelly.
Red and Black currant jelly excepted from provisions of Jam (Prices)
Order, 1917 108
And see JAM.
Jersey.
[Certain but not all of the D.R. Regulations have been registered in Jersey.]
Export to from U.K., prohibition on. See CHANNEL ISLANDS.
Public Presecutor's powers in (footnote (a) to Keg. 56 (13) (14) ) ... 418
Index.
PAGE.
Jethou, Island of. See GUERNSEY, BAILIWICK OF.
Jurisdiction. See VENUE.
Jury.
Trial of offences by civil court with (Part IX, (2) ) 419-424
Right to trial by, in case otherwise triable summarily, excluded
( footnote (c) to Reg. 58) ... ... * 416
Justice of the Peace, England and Ireland (a)
BAIL : admission to of alleged offender in cases approved by com-
petent naval or military authority (Reg. 56 (10) ) 422
SEARCH AND SEIZURE. Power for justice of the peace to authorise,
on laying of information (Reg. 5lA) ... ... ... ... ... 435
SUMMARY JURISDICTION. See SUMMARY JURISDICTION, COURTS OF.
Justiciary, Hig-h Court of. See HIGH COURT OF JUSTICIARY, S.
" Kosher Bleat " defined as meat obtained from cattle slaughtered
by butchers in accordance with the Jewish practice of slaughter
(Meat (Maximum Prices) O., 1917) 121
Label on package of tea. See TEA.
Labour, Ministry of. See MINISTRY OF LABOUR.
Labour Sub-Committee under War Agricultural Executive Com-
mittee (Art. 13 cf Cultivation of Lands O., 1917 (No. 3) ; Memoranda
thereunder (3), III) 276,280,
Labourers' Plots, Ireland.
Schemes under Labourers (I.) Acts for providing cottages with plots
(Appendix VI. 2 (3)) ... ... ... 479
Lamb.
Dead. See MEAT.
Live. See SHEEP.
Land.
CULTIVATION OF. Powers of the three Agricultural Departments
for maintenance of food supply. See CULTIVATION OF LAND ;
FOOD PRODUCTION.
SETTLEMENT OF SAILORS, SOLDIERS, &c., ON. Epitome of enact
ments conferring powers on three Boards of Agriculture as to
land settlement (Appendix VI, 2) ... ... -... ... ... 477
Land Commission, Ireland. See IRISH LAND COMMISSION.
Land Drainag-e Act, 1847. See DRAINAGE OF LAND.
Land Settlement of Ex-Sailors, Soldiers, &c.
Epitome of provisions as to (Appendix VI, 2) 477,478
Lard.
Export of (Appendix VI, 7) ... 484
Import of (Appendix VI, 12) 499
Maximum prices for certain descriptions of lard varied (General Licence,
Oct. 17, 1917) 24
Maximum prices fixed for sale by importer or manufacturer (Bacon,
Ham and Lard (Maximum Prices) O., 1917) 21
Not included in " meat " for purposes of Order (Public Meals O., 1917) 158
Lawful Authority or Excuse.
Burden of proof of " lawful authority " or " lawful authority or
excuse " rests on accused (Reg. 58B) ... ... ... ... 431
List of Regs, affecting food supply, making specific exception of
acts done with "lawful authority" or "lawful authority or
excuse" footnote (b) to p. 431
(a) SCOTLAND. For corresponding powers in Scotland, see SHERIFF, S. ; SHERIFF
COURT, S.
566 Index.
PAGE.
" Lawful Demand " defined for purposes of :
Potatoes Order, 1917 (Art. 50) 152
Sugar Order, 1917 (Art. 27) 178
Lease.
Powers for improved cultivation of land exercisable notwithstanding
provisions of leases :
Occupier of land, in S. may make muirburn for improvement of
grazing land (Reg. 2M (10)) - 352
Reduction of acreage under hops in E. to half that of June, 1914
(Reg. 2NN) 316
Memoranda under Reg. 2NN 317,318
Cultivation of land under scheme approved by Board of Agricul-
ture and Fisheries (Reg. 2M (2) ; memoranda thereunder, (4) II.) 272, 293
Power for District Agricultural Executive Committees in S. to over-
ride restrictive clauses of leases (Reg. 2M (2) ; Memoranda IV, 1) 351, 358
Ploughing of larger area in S. than that authorised by lease
(Memoranda, X) ... 367
Lentils.
Export of (Appendix VI. 7) 484
And see PULSE.
Letting* of land taken by Board of Agriculture and Fisheries under
Art. 4 of Cultivation of Lands Order, 1917 (No. 2) (Memoranda
thereunder, V) 264
Power to let (Reg. 2M (1) (S) ; Memorandum thereunder, VII). ...
Period for which letting may be effected (Memorandum VIII) ... 296
Form of Agreement for letting (Memorandum IX) 296-298
Leveret. See HARES.
Licence.
Forging or using false licence or permitting improper use of licence,
personating holder, or destroying punishable (Reg. 45) 432
for BEER. Restriction on establishment of new breweries ; supply of
- beer to free licenced houses and officers' and sergeants' messes
(Output of Beer (Restriction) Act, 1916, ss. 3 and o as amended) ... 472
J Relief in respect of restriction of business caused by Intoxicating
Liquor (Output and Delivery) Order, 1917 footnote (a) to p. 72
jj^ for HOP GARDEN OF EXCESS ACREAGE. Power for Board of Agri-
culture and Fisheries to exempt by licence, and to impose con-
ditions thereby on, occupier of holding cultivated with hops from
obligation to reduce acreage one-half (Reg. 2NN; memoranda there-
under, III) 316-318
for Parting with HORSES. Power for Board of Agriculture to
authorise issue of licences permitting parting with horses used
in agricultural (Reg. 2T as applying to E. and S.) 335, 377
Authorisation of such issue in E. (Sale of Horses O., 1917) 336
Form of such Licence 338
Power for Department of Agriculture and Technical Instruction
for Ireland to issue licences permitting export of horses from
I. (Horses (Prohibition of Exportation from I.) O., 1917) , 406
for Rearing PHEASANTS. Licence from Board of Agriculture and
Fisheries required for hatching and rearing by artificial means
(Pheasants (Rearing) O., 1917) ... ... ... 323
GENERAL LICENCES of Food Controller under Orders. See BREAD,
CHEESF, FLOUR, FRUIT, MAIZE, OATS, PEAS, PUBLIC MEALS.
* k Licence -holder " defined for purposes of s. 5 of Output of Beer
(Kestriction) Act, 1916, as amended ( s . 5 (P>) of that Act) 473
Index. 567
PAGE.
Licensed Premises defined for purposes of Beer (Prices and
Descriptions) Order, 1917, as not including any registered club,
canteen, theatre, music hall, passenger vessel, restaurant car or
railway buffet (Art. 10 of that Order) 83
Supply of beer to free licensed houses (Output of Beer (Restriction) Act,
1916, s. 5 as amended) ... ... ... 472
Ziig'litS) display of restricted ... ... footnote (b) to p. 352
tive Stock. See ANIMAL'; CATTLE : MAINTENANCE OF LIVE STOCK.
Loaf of Bread, shape of. See BREAD.
Lobsters (Canned).
Import of (Appendix VI, 12)
Ziocal Authority, Bug-land.
BEANS. Power to authorise inspection of certificate given under
Order (Winter Beans O., 1917) 28
FOOD PRODUCTION. Cultivation of urban areas in E. (Reg. 2L
as applying to E. ; Cultivation of Lands O., 1P17 (No. 2) ) 259, 260
Memoranda by Board of Agriculture and Fisheries there-
under 263-269
Cultivation of land owned by local authorities (Reg. 2L (6)
and Memoranda thereunder, XI and XII) 260,266
Conferment on, of powers as to enforcing Food Controller's
orders (Reg. 2 j (1) ) 11
FOOD SUPPLY. Expenses incurred under Cultivation of Lands
Order, 1917 (No. 2) (Art. 6 and footnote (b) thereto) 261
Local Authorities (Food Control) Order (No. 1) 1917 ... 187
Lists of Orders brought within scope of this Order ... 190, 191
Local Authorities (Food Control) Order (No. 2), 1917 ... 204
Order of Food Controller authorising Authorities in E. to
prosecute summary offences ... ... ... ... ... 192
Enforcement and prosecutions are now in hands of food
control committees. See ADDENDA I. ... 603
Order constituting Food Control Committees in E. (Food
Control Committees (Constitution) O., 1917) 199
MILK. Consent of local authority required for exercise of
powers by Food Control Committees involving expense to
buch authority (Milk O., 1917) 131
PIGS. Power to authorise keeping of, notwithstanding bye-laws
(Reg. 20) ... 319
Power to execute and enforce Order restricting slaughter of
Sows (O., Aug. 18, 1915) 455
SUGAR. Power to inspect records of transactions under Sugar
(Domestic Preserving) Order, 1917 168
Local Authority, Scotland.
BEANS. Power to authorise inspection of certificate given under
Order (Winter Beans O., 1917) 28
FOOD PRODUCTION. Increase of cultivation of burghal areas in
S. (Reg. 2L as applying to S. ; Cultivation of Lands (S.) O.,
1917 (No. 2)) ... ... 343,344
Summary of memoranda by Board of Agriculture for
Scotland as to :
Powers delegated to Town Councils under Reg. 2L and
Order (No. 2) 346
Action to be taken by Parish Councils 348
And see AGRICULTURAL EXECUTIVE COMMITTEES
(DISTRICT), S.
FOOD SUPPLY. Conferment on, of powers as to enforcing Food
Controller's Orders (Reg. 2J (1) ) 11
Local Authorities (Food Control) (S.) Order, 1917 ... 194
List of Orders brought within scope of Order ... 196,197
Local Authorities (Food Control) (S.) (No. 2) Order 1917 206
Enforcement now in hands of food committees. See
ADDENDA I : 603
Order constituting Food Control Committees in Scotland
(Food Control Committees (Constitution) O., 191 7) , 199
568 Index.
PAGE.
Local Authority, Scotland continued.
MILK. Consent of local authority required for exercise of
powers by Food Control Committee involving expense to
such authority (Milk O., 1917) 131
PIGS. Power to authorise keeping of, notwithstanding bye-laws
(Reg. 2o) ... 368
SUGAR. Power to inspect records of transactions under Sugar
(Domestic Preserving) Order, 1917 ... 168
Local Authority, Ireland.
FOOD PRODUCTION. Increase of cultivation of urban areas
(Reg. 2L as applying to I.) 381
Memorandum as to food production in 1917 in urban and rural
areas 383-392
FOOD SUPPLY. Conferment on, of powers as to enforcing Food
Controller's Orders (Reg. 2j (1) ) 11
Notice appearing in the press of Sept. 1, 1917, as to Food
Control Committees in Ireland ... ... ... ... 208
PiGS. Power to authorise keeping of notwithstanding bye-laws
(Reg. 20) 395
SUGAR. Power to inspect records of transactions under Sugar
(Domestic Preserving) Order, 1917 168
Local Bodies specially constituted for the administra-
tion of Food Supply or Production, or the
Minimum Wagre for Agricultural Workers.
Ad-hoc Authorities established for local administration of food
legislation (Introd.) xvi
Agricultural Executive Committees in England and Scotland. See
AGRICULTURAL EXECUTIVE COMMITTEES, E. ; AGRICULTURAL
EXECUTIVE COMMITTEES (DISTRICT), S.
County Agricultural Committees in Ireland. See COUNTY AGRI-
CULTURAL COMMITTEES, I.
District Wages Committees. See WAGES FOR AGRICULTURAL
WORKERS.
Food Control Committees in England and Scotland. See FOOD
CONTROL COMMITTEES.
As to the Central Bodies established for England and Wales, Scot-
land and Ireland respectively. See CENTRAL BODIES.
Local Government Board (England).
EVIDENCE OF ORDERS. Proof of Board's Orders (Part X, 1) ... 437
Letter of has effect of formal Order (footnote (b) to Part X, 1) ... 439
FOOD, &c., SUPPLY. Conferment by Board on local authorities of
powers as to enforcing Food Controller's orders (Reg. 2j (1) ) ... 11
Lists of Orders brought within scope of Local Authorities (Food
Control) Order (No. 1), 1917, by determination of Board 190, 191
And see LOCAL AUTHORITY, E.
POOR LAW INSTITUTIONS. Dietaries of (Appendix II, 4A) 451
PRESIDENT'S SEAT IN PARLIAMENT. List of Offices of Profit, imme-
diate succession from one to the other of which does not vacate
seat in House of Commons (Appendix VIII, 1) 510
YERMIN AND PESTS. Notice as to arrangements for destruction of
sparrows and rats ... ... ... ... ... ... ... 333
Ziocal Government Board for Ireland.
EVIDENCE OF ORDERS. Proof of Boards Orders (Part X, 1) ... 437
FOOD PRODUCTION. Co-operation of Board in food production
schemes of Department of Agriculture and Technical Instruc-
tion for I 383
FOOD, &c., SUPPLY. Conferment by Board on local authorities of
powers as to enforcing Food Controller's orders (Reg. 2j (1) ) ... 11
[No Order has (Oct. 21, 1917), been made by the Local Government
Board for I. under Reg. 2J (1).]
See LOCAL AUTHORITY, I.
POOR LAW INSTITUTIONS. Orders as to dietaries for such institu-
tions (Appendix II, 4c) 451
PRESIDENT'S, i.e., CHIEF SECRETARY, SEAT IN PARLIAMENT. See
CHIEF SECRETARY.
Index.
PAGE,
Locks, Opening of. See DRAINAGE OF LAND.
Xiodg-ing* Houses. See BOARDING HOUSES.
London. County of and City of.
COURTS OF SUMMARY JURISDICTION. City and Metropolitan Police
Courts Editorial Note to p. 41C
HORSES. Power for Clerk of County Council to issue licenses under
Reg. 2T (Sale of Horses 0., 1917) 336
LOCAL AUTHORITIES (Common Council of City and Metropolitan
Borough Councils)
Enforcement by of Controller's Orders (Local Authorities (Food
Control) O. (No. 1), 1917) 187
Prosecution by of summary offences (Food Controller's O., May 8, 1917) 192
[This system of enforcement, &c., came to an end Dec. 31, 1917 : for
outline of existing system, see INTRODUCTORY NOTE TO MANUAL p.viii.]
Lord Advocate.
Investigation, and decision by, as to proceeding with " press offence "
or ' munitions offence " (Reg. 56 (13). (14) ) 418
Direction by, that case handed over to civil authority shall be dealt
with by court of summary jurisdiction Reg. 56 (7) ) 419
Lord Chief Justice of England, or Ireland.
Selection by, of High Court Judge to arbitrate as to price of
requisitioned output of factory (Reg. 7) ... ... ... ... 12
Appointment by Lord Chief Justice of England of arbitrator as to
compensation to be paid for articles requisitioned under certain
Orders. See ARBITRATION. '
Xiord Lieutenant.
PRISONS, dietaries of (Appendix II) 452
WILD BIRDS. Enactments conferring powers on Lord Lieutenant,
and Orders, as to wild birds footnote (to) to p. 404
Lord Mayor of London.
Court of Summary jurisdiction Editorial Note to p. 410
Loss or Damage. See COMPENSATION.
Lunatics, dietaries of institutions for (Appendix II) 451
Macaroni.
Reckoning of weight of flour in (Public Meals O., 1917) 158
Export of (Appendix VI, 7) 484
Machinery. See AGRICULTURAL MACHINERY.
Machinery Sub-Committee, England under Agricultural
Executive Committee (Art. 13 of Cultivation of Lands O., 1917 (No. 3) ;
Memoranda thereunder (3), III) 276,281
Duties of Machinery Officer (Art. 3 of Cultivation of Lands O., 1917
(No. 3) ; Memoranda thereunder (3), IY) 275, 285
Maintenance of Supply of articles of food. See FOOD
SUPPLY.
Maintenance of Live Stock.
Act conferring powers on Boards of Agriculture as to restrictions on
slaughter of cattle, sheep and swine (5 & 6 Geo. 5. c. 65) 453
ENGLAND AND WALES. Restriction on slaughter of animals in-calf
or in-pig ; powers of entry (O., Aug. 18, 1915) 455
Local authorities authorised to execute and enforce Order (Art. 4
ofO.) 455
[In view of the issue by the Food Controller of the Live Stock
(Restriction on Slaughter) Order the Board of Agriculture revoked
their 1915 Order by Order dated Jan. 2, 1918 (St. R. & O., 1918,
No. 13).]
SCOTLAND. Restriction on slaughter of animals in-calf or in-pig, and
of calves ; powers of entry (O., Aug. -24,1915) 457
570 Index.
PAGE.
Maintenance of Live Stock continued.
IRELAND. Prohibition on slaughter of sucking calves (O., Nov. 17,
1915) 459
Restriction on slaughter of breeding sows ; granting of licences 460
(O., Dec. 11, 1916)
Restriction on slaughter of sucking calves and animals in-calf ;
powers of inspection (O., Oct. 16, 1917) 462
Power for three Boards of Agriculture to require returns as to live .
stock (Corn Production Act, s. 15) 223
Export of live stock (Appendix VI, 7) 484
iVTaize.
Mixture of maize flour, &c., with wheaten flour (Manufacture of Flour
and Bread Orders, Nos. 2 and 3) ...32,36
Use of restricted to seed or human or animal consumption ; manu-
facture of glucose from maize prohibited (Maize, Barley and Oats
(Restriction) O., 1917) ... 43
Maximum retail price for maize meal, &c. (Oat and Maize Products
(Retail Prices) O., 1917) 44,47
Equivalent proportion to oats for rationing horses (Horses (Rationing)
O., No. 2. 1917, Art. 3 (&)) 62
Maize flour included from May 20th in "flour" for rationing by
bulk (Public Meals O., 1917) 158
Export of (Appendix VI, 7) 484
Power for Local Authorities
in E. to enforce, and prosecute under Maize, Barley and Oats
(Restriction) Order, 1917 190,192
Oat and Maize Products (Retail Prices) Order, 1917 44, 192
in S. to enforce Maize, Barley and Oats (Restriction) Order, 1917 196
Oat and Maize Products (Retail Prices) Order, 1917 196
Enforcement now in hands of food committees. See ADDENDA I 603
" Maker " defined as including blender for purposes of Butter
(Maximum Prices) Order, 1917 129
Malt.
Defined for purposes of Brewers (Malt Purchases) Order, 1917 ... 69
Export of malt and malt extract prohibited to all destinations
(Appendix VI, 7) 484
Sale to, or purchase or manufacture by brewers of malt on or after
Feb. 10, 1917, prohibited (Brewers (Malt Purchases) O., 1917) ... 68
Manufacture of malt, from any cereals, for brewing prohibited
(Malt (Restriction) Orders) ...69,70
Shipping of malt from I. to Great Britain or vice versa, or from any
part of U.K. either to Channel Islands or Isle of Man, pro-
hibited (Malt (Restriction on Shipping) O., 1917) ... 70
Malted or Unmalted Grain.
Prohibition on or use of for production of whiskey, &c., without
permit of Minister of Munitions (Reg. 30D) 408
Man, Isle of. See ISLE OF MAN.
Manioc.
Use and treatment of for any purpose except for human food
prohibited (Maize, Barley and Oats (Restriction) O., 1917)
Manufacture of Articles of Food. See FOOD SUPPLY.
" Manufacturing- business " defined for purposes of Sugar Order,
1917 (Art. 1 of that Order) I 72
Index. 571
PAGE,
Manures.
Export. Of compound and organic manures and superphosphates
(Appendix VI, 7) ,. ... ... 484
SALE OF. Epitome of Fertilisers and Feeding Stuffs Acts and
Orders (Appendix VI., 8) .. 491
SUPPLY IN E. Provision of by local authorities at cost price to
cultivators under Cultivation of Lands Order, 1917 (No. 2)
(Art. 5 thereof ; Memoranda thereunder, IX) ... ... ... 261,265
Estimate of requirements as to, and supply of superphosphates by
Supplies sub-committee of Agricultural Executive Committee
(Memoranda (3) III under Cultivation of Lands O., 1917 (No. 3)) ... 282
Power for Agricultural Executive Committee to undertake manuring
(Reg. 2M (1) (a), (6) and (4) ; Memoranda thereunder (4) V) 270, 272, 295
SUPPLY IN S. Arrangement by District Committees in S. for supply
of (Circular of Bd. of Agric. for S.) 360
SUPPLY IN I. Memorandum by Department of Agriculture and
Technical Instruction for Ireland as to supply of, and loans
for ... 386,391
of by urban district councils (Appendix VI, 2 (3)) ... ... ... 478
Maps.
Supply of maps to Agricultural Executive Committees
(Memoranda VII under Cultivation of Lands O., 1917 (No. 3) ) ... 291
Margarine .
Export of (Appendix VI, 7) 484
Registration of manufactories of margarine and margarine cheese
(Appendix 16) ... ... ... ... ... ... ... ... 506
Market Authority.
Defined for purposes of Meat (Sales) Order ... ... ... ... 115
Powers and duties of, in relation to sales of fat cattle ; written under-
taking of dealer to be retained by ; statement as to classifica-
tion and weight of sales of dead meat to be given to (Meat (Sales)
O., 1917) 113
Marks. Application of marks indicating naval or military use to
vessels, buildings, &c., prohibited (Reg. 45) ... 432
Marking* of Animals. Power of Veterinary Inspector to require ;
prohibition on alteration, etc., of such marks (Maintenance of Live Stock
Act, 1915, and Orders thereunder) ... ... ... ... ... 453-464
Marmalade.
Excepted from provisions as to prescribed amount of sugar to be
used in manufacture (Sugar (Restriction) 0., 1917) ... ... 167
And see JAM ; ORANGES.
Maximum Prices.
Memorandum by Department of Agriculture and Technical Instruc-
tion for Ireland as to maximum and minimum prices for grain 251
For HAY AND STRAW in U.K. and Isle of Man (Appendix VI, 10, 2)... 496
For HIDES AND PELTS (Appendix VI, 11) ... ... .! 498
For OILS AND FATS (Appendix VI, 14) 503
For WOOL (Raw-Home grown) (Appendix VI, 19) 509
FOR PUBLIC (NON-RATIONED) MEALS. Meals to which rationing by
bulk provisions do not apply (Public Meals O., Art. 6 ; Cake and
Pastry O., Art. 8) ... 158,40
WHOLESALE PRICES UNDER FOOD CONTROLLER'S ORDERS.
Bacon (Bacon, Ham and Lard (Maximum Prices) O., 1917) 21
Barley, 1916 Crop (Wheat, Barley and Oats (Prices) O.. 1917) ... 37
1917 Crop (Grain (Prices) O., 1917) 49
Butter (Butter (Maximum Prices) Orders, 1917) 127,138
Cattle (Meat (Maximum Prices) O., 1917) 118
Cheese (Cheese (Maximum Prices) Orders, 1917) 126,137
Flour, at mill-door (Grain (Prices) O.. 1917) 49
572 Index.
PAGE.
Maximum Prices continued.
WHOLESALE PRICES UNDER FOOD CONTROLLER'S ORDERS continued.
Ham (Bacon, Ham and Lard (Maximum Prices) O., 1917) 21
Jam (Jam (Prices) O., 1917) 107
Jelly (except red and black currant (Jam (Prices) O., 1917) ... 107
Lard (Bacon, Ham and Lard (Maximum Prices) O., 1917) 21
Meat (Meat (Maximum Prices) O., 1917) 118
Milk, in Great Britain (Milk O., 1917) 131
Oats, 1916 Crop (Wheat, Barley, and Oats (Prices) O., 1917) ... 37
., 1917 Crop (Grain (Prices) O., 1917) 49
And see MINIMUM PRICE.
Pickled Herrings (Pickled Herrings O., 1917) 93
Plums (Stone Fruit (Jam Manufacturers' Prices) O., 1917) 101
Potatoes (Potatoes O., 1917) 143
And see MINIMUM PRICE.
Rye (Grain (Prices) O., 1917) 49
Wheat, 1916 Crop (Wheat, Barley and Oats (Prices) O., 1917) ... 37
1917 Crop (Grain (Prices) O., 1917) ... 49
And see MINIMUM PRICE.
RETAIL PRICES UNDER FOOD CONTROLLER'S ORDER.
Beans (Beans, Peas and Pulse (Retail Prices) O., 1917) 26
Beer, of a certain gravity, in public bars (Beer (Prices and Descrip-
tions) O., 1917) 80
Bread (Flour and Bread (Prices) O., 1917) 55
Cerealine (Oat and Maize Products (Retail Prices) O., 1917) 44
Cheese (Cheese (Maximum Prices) Orders, 1917) 126, 137
Chocolate (in U.K.) (Sugar (Confectionery) O., 1917) 163
Flour (Flour and Bread (Prices) O., 1917) 55
Hominy (Oat and Maize Products (Retail Prices) O., 1917) 44
Jam (Jam (Prices) O., 1917) ... 107
Jelly (except red and black currant) (Jam (Prices) Orders, 1917)... 107
Maize meal, &c. (Oat and Maize Products (Retail Prices) Orders, 1917) 44, 47
Meat (Meat (Maximum Prices) O., 1917) 118
Milk, in Great Britain (Milk O., 1917) ... 131
General Licence thereunder ... ... ... ... ... 139
Oatmeal, &c. (Oat and Maize Products (Retail Prices) Orders, 1917)... 44, 47
Peas (Beans, Peas and Pulse (Retail Prices) O., 1917) 26
Potatoes (Potatoes O., 1917) 143
Pulse (Beans, Peas and Pulse (Retail Prices) O., 1917) ... 26
Swedes(a) (Swedes (Prices) O., 1917) 140
Sweetmeats (U.K.) (Sugar (Confectionery) O., 1917) 163
Tea (Tea (Provisional Prices) Order. 1917) ... 184
Meals, Public.
Compulsory rationing by weight at public eating places ; certain
boarding houses, places where no meal served at price exceeding
Is. 3d. (exclusive of beverages) and meals begun before 5 a.m. or
after 9.30 p.m. excepted ; form of register to be kept by manager
of public eating place (Public Meals O., 1917) ... ... 158
General Licence under Order, varying method of ascertaining gross
quantities of meat, flour, bread and sugar used in public eating-
.places (Licence, Oct. 8, 1917) 162
Maximum ration of 2 oz. of bread or cake, &c., at meal between
3 p.m. and 6 p.m. (or maximum price of meal to be 6d., inclusive
of beverages) at tea shops exempted from Public Meals Order as
adopting Is. 3d. tariff (Cake and Pastry O., 1917) ... 39
Power for Local Authorities :
in E. to enforce, and prosecute under Public Meals Order, 1917 190, 192
in S. to enforce Public Meals Order, 1917 194
Enforcement now in hands of food committees. See ADDENDA I 603
Measures. See WEIGHTS AND MEASURES.
(a) This Order does not merely fix a maximum price, but the only price at which the
article may be sold.
Index.
PAGE
Meat.
DEFINITION OP " MEAT." Meat includes beef, veal, mutton, lamb
and pork for purposes of :
Meat (Sales) Order 113
Cattle and Meat (Returns) Order (goat's flesh and venison are
also included) 117
Meat (Maximum Prices) Order (sausages and edible offal are in-
cluded, but bacon, ham, preserved and potted meats and
cooked meals are excluded) 118
Public Meals Order (vension, sausages, bacon, ham, and preserved
and potted meats are included, but suet, lard or dripping are
excluded) 158
COMPULSORY RATIONS AT PUBLIC MEALS. Scale of rations ; ascer-
tainment of weight (Public Meals O., 1917) 158
Variation in method of ascertainment (General Licence under
Order, Oct. 8, 1917) 162
SALE OP MEAT. Prices of dead meat controlled ; statement of
classification and weight of meat to be given to Market
Authority ; record to be kept of all dealings in (Meat (Sales) O.,
1917) ... H3
Particulars required from persons engaged in production, purchase,
sale, distribution, transport, storage, or shipment (Cattle and Meat
(Returns) O., 1917) 117
Maximum prices fixed for meat sold wholesale and by retail (Meat
(Maximum Prices) O., 1917) 118
Memorandum issued under Meat (Maximum Prices) Order, 1917
(footnote (a) to Order) 118
Regulations by Board of Trade for sale of imported meat
(Appendix IV) 468
Export of meat of all kinds (including tinned and potted meat and
extract of meat) (Appendix VI, 7) 484
Carriage of refrigerated produce footnote (c) to p. 113
Power for Local Authorities
in E. to enforce, and prosecute under Meat (Sales) Order 113, 192
Meat (Maximum Prices) Order, 1917 (Parts 2 and 3, except
as to wholesale transactions) 118, 192
in S. to enforce Meat (Sales) Order, 1917 113
Meat (Maximum Prices) Order, 1917 (Parts 2 and 3, except
as to wholesale transactions) ... ... ... ... 118
Enforcement now in hands of food committees. See ADDENDA I 603
Melah.
Licences to sell, issued under Oat and Maize Products (Retail Prices)
Orders... footnote (a) to p. 45
Member of Parliament. See HOUSE OF COMMONS.
Mental Defectives, dietaries of institutions for (Appendix II) ... 451
Mess. Supply of beer to officers' and sergeants' messes (Output of Beer
(Restriction) Act, 1916, s. 5 as amended) ... ... ... ... 472
Metropolitan Borough Councils.
Constitution and areas of (footnote (c) to Local Authorities (Food
Control) O. (No. 1), 1917) 188
Enforcement by councils of certain of Food Controller's Orders
under system which terminated Dec. 31, 1917 (Local Authorities
(Pood Control) O. (No. 1), 1917, Art. II) 189
Appointment by of food control committees. See FOOD CONTROL
COMMITTEES.
Metropolitan Police Courts, jurisdiction as to summary offences
( Editorial Note to p. 410
Fees, and payment of penalties in (Appendix VIII) 512
Migratory Wild Birds. See WILD BIRDS.
Military Canteens. See CANTEENS.
Index.
PAGE.
Military Court-martial. See COURTS-MARTIAL.
Military Law, Persons subject to, trial and punishment of (Part IX, 3) 425
Milk.
Use of milk in manufacture of chocolate (before April 1st, 1917)
prohibited (Milk (Use in Chocolate) O., 1917) 12S
Maximum prices fixed in E. and S. from Oct. 1, 1917, for sale by
retail and wholesale (Milk O., 1917) ... 131
General licence thereunder as to price for re-sale 139
Particulars to be furnished to Food Controller from time to time
(Milk (Returns), O., 1917) 125
Export of condensed or preserved milk prohibited to all destinations
(Appendix VI. 7) 484
Carriage of refrigerated dairy produce footnote (b) to p. 123
Power for Local Authorities
in E. to enforce arid prosecute under Milk Order, 1917 (except
so far as relates to wholesale transactions) ... ... 131, 192
in S. to enforce Milk Order, 1917 (except so far as relates to
wholesale transactions) 131
Enforcement now in hands of food committees. See ADDENDA I 603
Acts suspended until termination of War for securing purity of milk
supplies in E. and S. (Appendix VI, 16) ... ... ... ... 506
See also CONDENSED MILK.
Milk Bread.
Sale of prohibited (Bread O., 1917 (3) ) 35
Milling- of Flour. See FLOUR.
Mills. Opening of sluices. See DRAINAGE OF LAND.
Certain flour mills taken possession of under Reg. 2GG (Flour Mills
O., 1917) 42
All other flour mills in U.K. taken possession of ; particulars and
returns required, and records to be kept (Flour Mills O.No.2, 1917) 48
Maximum price of grain purchased by miller (Grain (Prices) O., 1917) 49
Mineral Waters.
Export of (Appendix VI, 7) 484
Import of (Appendix VI, 12) 499
Supply of sugar to mineral water manufacturers (footnote (a) to Sugar
(Restriction) O., 1917) 167
Minimum Price for Wheat, Oats and Potatoes.
For potatoes (wholesale) fixed at 6 per ton (Potatoes O., 1917, Arts.
7and26) 144,147
For wheat and oats fixed (Corn Production Act, Pt. I.) 210
Outline of corn minimum prices legislation (Introd.) xviii
Memorandum by Department of Agriculture and Technical Instruc-
tion for I. as to minimum and maximum prices for grain ... 250
Minimum Tillage. Ireland. See COMPULSORY TILLAGE,
IRELAND.
Minimum Wage for Agricultural Workers. See WAGES
FOR AGRICULTURAL WORKERS.
Ministry of Food, see FOOD CONTROLLER.
Ministry of Labour.
Consultation with required by Board of Agriculture and Fisheries
and Department of Agriculture and Technical Instruction for
Ireland, for establishing an Agricultural Wages Board in E. and
in I. (Corn Production Act, s. 5(1) ) 213
List of Offices of Profit (including that of Minister of Labour)
immediate succession from the one to the other of which does
not vacate seat in House of Commons (Appendix VII, 1) 510
Index. 575
PAGE.
Ministry of Munitions.
[The Ministry of Munitions, and Munitions of War Acts, and Orders and
Rules thereunder, fall outside the scope of the present Manual, but are
referred to in the footnotes so far as affecting what falls within such
scope.!
AGRICULTURAL MACHINES, IMPLEMENTS, ETC. Memorandum by
Department of Agriculture and Technical Instruction for I. as
to Ministry's control of same (Memoranda (2), III)
Epitome of Order dealing with these (Appendix VI, 1) ... ... 475
BUILDING AND CONSTRUCTION WORK. Epitome of Orders of the
Minister prohibiting such work without licence from him with
certain exceptions (Appendix VI, 3) ... 479
DESIGNS. Authorisation by Minister of use by contractor of
registered design ; payment for such use (Reg. 8c) 13
EVIDENCE OF ORDERS. Documentary Evidence Acts apply to
Minister's Orders (Part X. 1) 437
FOOD.
Food powers of the Ministry of Munitions (Part VIII) 407
Power for Ministry to take possession of food, &c. (Reg. 2B) ... 5
Power for Ministry to regulate dealings in food, &c. (Reg. 2E) ... 6
MINISTER'S SEAT IN PARLIAMENT. List of Offices of Profit immediate
succession from the one to the other of which does not vacate
seat in House of Commons (Appendix VII, \\ ... ... ... 510
" MUNITIONS. OFFENCE." Decision by Minister as to whether alleged
offence is a " munitions offence," in contravention of any of his
orders, &c. ; special provisions as to trial of (Reg. 56 (14)) ... 418
WHISKEY, &c. Use of grain, rice or sugar for production of
Whiskey, &c., prohibited without Minister's permit ; power for
Minister to by order add to prohibited substances (Reg. 30D) ... 408
[No order has (Oct. 15, 1917) been made adding to the prohibited
substances.]
Mixture of Flour.
Prescribed percentage and mixture after March 12, 1917 (Manufacture
of Flour and Bread O. (No. 2), 1917) 32
'Prescribed percentage and mixture after April 10, 1917 (Manufacture
of Flour and Bread O. (No. 3), 1917) ... 36 .
IHolasses. See SUGAR.
Moorland. See HEATH.
Muffin.
Making and sale of prohibited (Cake and Pastry O., 1917) ... ... 39
Muirhurn.
Right for occupier of land in S. to " make muirburn " between
October 1 and April 30 for conservation or improvement of
grazing land (Reg. 2M (10) and footnote (a) thereto) 352
Mules.
Census of (Appendix VI, 4)... ... 480
Rationing of (Horses (Rationing) O., No. 2, 1917) 61
Munitions Offence, special provisions as to trial of (Reg. 50 (14))... 418
Music Kails.
Excepted from provisions of Beer (Prices and Description) O. ... 83
Mutton. See MEAT.
K ational Agricultural Labourers' and Rural Workers'
Union to nominate 6 members representing workmen out of the 39
persons on the Agricultural Wages Board (E. and W.) (Art. 4 of
Regulations under Corn Production Act. 1917, Part II) 239
576 Index.
PAGE.
National Farmers' Union. General Executive Committee to
nominate 2 members representing employers out of the 39 persons
on the Agricultural Wages Board (E. and W.) (Art. 4 of Regula-
tions under Corn Production Act, 1917, Part II) 239
Naval Discipline Act.
Persons subject to, trial and punishment of (Part IX, 3) 425
Nett Weigrht. See WEIGHTS AND MEASURES.
New Bread.
Sale of prohibited (Bread O., 1917, Art. 3) 35
New Ministries and Secretaries Act, 1917 (6 & 7 Geo. 5,
c. 68).
Act so far as relating to Ministry of Food 1-4
Notice.
Service by post, &c., of notice as to cultivation of land (Reg. 2M (11) ;
Com Production Act, s. 9) 273,216
Provisions of Interpretation Act as to such service
(footnote (b) to Reg. 2M (11) ) 273
Signing of notice footnote (a) to p. 276
To be given by Agricultural Wages Board before fixing minimum
rates (Corn Production Act, 1917, s. 5 (4) and (5) ) 214
Of date of inspection, to be served on occupier (Corn Production Act,
1917,s.l3) ... 222
To be served on occupier, requiring agricultural returns (Corn Produc-
tion Act, 1917, s. 1ft) ... 223
To be served by occupier on Department of Agriculture and Technical
Instruction for Ireland, objecting to draft certificate (Corn Pro-
duction Act, 1917, Third Sen., Art. 4) 232
Form of Notice issued by Agricultural Executive Committee under
Reg. 2M (1) as to :
Maintenance of banks and cleansing of channels ... ... 310
Obstruction of rivers and streams ... ... ... ... 312
Form of Notice by Veterinary Inspector under Maintenance of Live
Stock (I.) Order 1917 462
Notices, Advertisements or Placards.
Defacing or tampering with (Reg. 60) 442
Price of meat to be displayed in shops where meat is sold by retail on
and after Sept. 3rd, 1917 (Meat (Maximum Prices) O., 1917, Art. 9) 120
Price of potatoes to be displayed by retail dealer at place of sale
(Potatoes O., 1917, Art. 40) 149
Of Government entry on land under Reg. 2N to be displayed
(Reg. 2M ; Memoranda thereunder, (4) X) 270,298
Nuts, Oleaginous. See OILS AND FATS.
Oat Straw. See J!AY AND STRAW.
Oats.
DEALINGS in oats outside U.K. prohibited (Dealings in Oats (Restriction)
O., 1917) 46
EXPORT of oats, oatmeal, and rolled oats from United Kingdom and
Isle of Man prohibited to all destinations (Appendix VI, 7) ... 484
MAXIMUM PRICE for 1916 Crop fixed by Food Controller (Wheat,
Barley and Oats (Prices) O., 1917) 37
Maximum prices for 1917 crop and terms of trading fixed ; sales to
be by weight (Grain (Prices) O., 1917)
Memorandum by Department of Agriculture and Technical In-
struction for Ireland ... ... ... ... ... 253
Memorandum by Department as to fixed prices and supply 385, 386
Maximum retail price for oatmeal, &c. (Oat and Maize Products (Retail
Prices) O., 1917) 44,47
Index. 577
PAGE.
Oats continued.
Licences, issued under Oat and Maize Products (Retail Prices)
Orders, 1917, to sell :
" quaker oats," " plasmon oats," " melah " and " Saunders'
Scotch porridge meal " footnote (a) to p. 45
" Robinson's Groats " footnote (a) to p. 45
MINIMUM PRICE of oats fixed (Corn Production Act, 1917, Pt. I) ... 210
Memorandum by Department of Agriculture and Technical In-
struction for Ireland 251,252
MIXTURE of oat flour with wheaten flour (Manufacture of Flour and
Bread Orders, Nos. 2 and 3) 32,36
USE of oats restricted to seed or human or animal consumption;
manufacture of glucose from oats prohibited (Maize, Barley and
Oats (Restriction) O., 1917) 43
Restriction of use of for feeding horses (Horses (Rationing) O., No. 2,
1917) ... 61
Winter sown oats to be used as seed only before Nov. 1st, 1917
(Winter Oats and Rye (Restriction) O., 1917) 54
Memorandum as to stacking, thatching and threshing in Ireland... 25t>
Power for Local Authorities
in E. to enforce, and prosecute under Maize, Barley and Oats
(Restriction) Order, 1917 190, 192
Oat and Maize Products (Retail Prices) Order 1917 192
in S. to enforce Maize, Barley and Oats (Restriction) Order, 1917 196
Oat and Maize Products (Retail Prices) Order, 1917 196
Enforcement now in hands of food committees. ADDENDA I ... 603
Obstruction of Officers. See OFFICERS.
" Occupied " and " unoccupied " defined as referring to liability
to payment of poor rates (Reg. 2L (1) (d) as applying to I.) 381
46 Occupier " defined as person rated or liable to be rated to the poor
rates (Reg. 2P (10) ) 397
Defined for purposes of Part I of Corn Production Act, 1917
(ss. 3 (1) and 18 (2) (c) of that Act) 212,225
Defined for purposes of Section 10 of that Act ( s . 10 (3) ) 220
Defined as including any person having management of agricultural
holding, q.v footnote (c) to p. 335
Offences ag-ainst Regulations. See TRIAL AND PUNISHMENT
OP OFFENCES.
Office accommodation for Agricultural Executive Committees
(Memoranda VI under Cultivation of Lands O., 1917 (No. 3) ) 291
Officers.
Acting as " competent authority." See COMPETENT NAVAL AND
MILITARY AUTHORITY.
Obstruction of , in performance of duties (Reg. 43) ... ... ... 434
Offences by naval and military officers. See COURTS-MARTIAL.
Oils and Fats and Oleaginous Seeds.
Licence required for dealings in certain seeds, oils and fats (Appendix
VI, 14(1)) 501
Maximum prices for certain seeds, oils and fats (Appendix VI, 14 (2) )... 502
Interpretation of certain expressions in the Orders (Appendix VI, 14 (3)) 504
Information and returns as to (Appendix VI, 14 (4) ) ... ... ... 504
Export of certain oils and fats (Appendix VI, 7) 484
Oleaginous Nuts and Seeds. See OILS AND FATS.
Orang-es.
Prohibition on dealings in bitter oranges outside U.K. ; returns re-
quired (Apricot Pulp and Bitter Oranges O., 1917) Ill
Orders.
Evidence of (Part X, 1) 437
Publication of Notice of (Reg. 60) 442
Chronological Table of Food Controller's Orders, showing which are 3HU08
now (Oct. 21, 1917) spent, revoked, amended 16-20
3167 T
578 Index.
PAGE.
Orkneys and Shetlands.
Provision of Jam (Prices) Order, 1917, varied in application to these
Islands (General Licence, Oct. 16, 1917) 112
Output
of BEER. Limit on brewer's output ; standard barrelage fixed by
Commissioners of Customs and Excise ; restriction on establish-
ment of new breweries ; supply of beer to free licensed houses,
and officers' and sergeants' messes ; special provision as to beer
for canteens (Output of Beer (Restriction) Act, 1916, as amended) ... 470
Maximum barrelage. See BEER.
of FACTORY. See FACTORY.
Packages.
Charge for included in maximum prices for :
certain Beans sold retail (Beans, Peas and Pulse (Retail Prices) O.,
1917) 26
Oats and maize products sold retail (Oats and Maize Products (Retail
Prices) O., 1917) 44
certain Peas sold retail (Beans, Peas and Pulse (Retail Prices) O.. 1917) 26
authorisation of sale and purchase by retail of Peas in packages
(General Licence under Beans, Peas and Pulse (Retail Prices)
O., 1917) 29
certain Pulse sold retail (Beans, Peas and Pulse (Retail Prices) O.,
1917) 26
Swedes (Swedes (Prices) O., 1917) 140
Seller entitled to charge a deposit on bags sold with potatoes
(Potatoes O. } 1917, Art. 43) 150
Permitted charge for sacks and outside packages to be added to price
(Flour and Bread (Prices) O., 1917) ... 56
Extra charge made for flour bags (General Licence, Oct. 12, 1917) ... 67
Returns required of potato bags (Potato Bags (Returns) O., 1917) ... 156
And see SACKS.
Parishes within the area of each Local Authority
in England (footnote (c) to Local Authorities (Food Control) O. (No. 1) 1917) 188
in Scotland (footnote (c) Local Authorities (Food Control) (S.) O., 1917)... 194
Parish Council, England*
Provision of allotments by (Appendix VI, 2 (1) ) 477
Parish Council, Scotland.
Summary of memoranda by Board of Agriculture for S. as to action
to be taken by Parish Councils under Reg. 2L and Cultivation
of Lands (S.) Order, 1917 (No. 2) 348
Provisioned allotments by (Appendix VI, 2 (2) ) 478
Partrldg-es.
Feeding of grain to prohibited (Feeding of Game 0. 1917) 31
Passenger Vessels.
Excepted from provisions of Beer (Prices and Description) O. ... 83
Pastry.
Making and sale of light or fancy pastries prohibited (Cake and Pastry
O., 1917)
Power for Local Authorities
in E. to enforce, and prosecute under Cake and Pastry Order,
1917 ... ... 190,192
in S. to enforce Cake and Pastry Order, 1917 ... ... 194
Enforcement now in hands of food committees. ADDENDA I ... 603
.^j Wastage by hares, rabbits, &c. See CROPS.
Index.
PAGX.
Peas.
Equivalent proportion to oats for rationing horses (Horses (Rationing)
O., (No. 2) 1917, Art. 3 (6) ) 62
Peas (except Burmah peas) imported with U.K. requisitioned by
Food Controller (Beans, Peas and Pulse (Requisition) O., 1917) ... 25
Maximum Prices fixed ; to be sold by weight and for human food
only (Beans, Peas and Pulse (Retail Prices) O., 1917) 26
Authorisation of sale and purchase by retail in packages (General
Licence under Peas, Beans and Pulse (Retail Prices) O., 1917)
Export of Peas, Pea Flour and Meat (Appendix VI, 7) 484
Power for Local Anthorities
in E. to enforce, and prosecute under Beans, Peas and Pulse
(Retail Prices) Order, 1917 26,192
in S. to enforce Beans, Peas and Pulse (Retail Prices) Order,
1917 26
Enforcement now in hands of food committees. ADDENDA I ... 603
Pelts. See HIDES.
Penal Servitude
For life may be awarded on conviction by civil court with jury or by
courts-martial under Regulations subject to limitations as
regards certain offences (Regs. 56A, 57) 424,425
Penalties. See FINES ; TRIAL AND PUNISHMENT OF OFFENCES.
Permits.
Forging, using, or permitting use of false permit punishable (Reg. 45) 432
Non-production of permit, if required, punishable ; power to revoke
permit (Reg. 61) 442
Power for Agricultural Wages Board to grant permit exempting
workmen incapable of earning minimum rate from provisions as
to such minimum (Corn Production Act, s. 5 (3) ) 214
Permit (from Minister of Munitions) for use of grain, &c. for manuf ac-
ture of whiskey, &c. (Reg. 30D) 408
Personation.
Personation of holder of permit, licence or document (Reg. 45 (6) ) ... 432
Personation of Government official (Reg. 45 (g) ) 433
Prohibition on personation of person to whom
flour licence authority, etc., has been issued ... ... ... 51
sugar authority, card, voucher, etc., has been granted ... ... 230
Pesta.
Prevention of injury to crops, &c., by (Reg. 2B) 320. 371, 404
Notice as to arrangements for destruction of the sparrows and rats
in E 333
Epitome of enactments conferring powers on the three Agricultural
Departments as to destructive insects and pests (Appendix VI, 5) 481
Export of insecticides (Appendix VI, 7) 484
Petty Sessional Courts, jurisdiction as to summary offences
Editorial Note to p. 411
Pheasants. See GAME.
Photog-raph taken of person arrested under D.R. Regs. (Reg. 55) ... 430
Enactments as to photographs of offender footnote (c) to p. 430
Pickled Herring's.
Particulars required by Food Controller monthly of dealings in
(Pickled Herring (Returns) O., 1917) 93
Maximum prices fixed (Pickled Herrings O., 1917) 97
3167 T 2
580 Index.
PAGE.
Pickles
Prohibition on export of (Appendix VI. 7) 484
Prohibition on import of (Appendix VI. 12) 499
Pigrs.
BOdbi Census of (Appendix VI, 4) 480
Export of (Appendix VI, 7) 484
Power of local authority to permit keeping of pigs notwithstanding
bye-law (Reg. 20) 319,368,395
Swine included in definition of cattle for purpose of Meat (Sales)
Order, 1917, Cattle and Meat (Returns) Order, 1917, and Meat
(Maximum) Prices Order, 1917. See MEAT.
And see MAINTENANCE OF LIVE STOCK.
Pit Ponies.
Extra ration for (Horses (Rationing) O., No. 2, 1917, Sch. II) 64
Place of Trial. See VENUE.
Plasmon Oats. See OATS.
Ploughing* of larger area than that authorised by lease in Scotland
(Memorandum X under Reg. 2.M) 367
Provision of tractor ploughs, etc. See AGRICULTURAL MACHINES.
Plums. See FRUIT.
Poison,: laying- of on land.
Prohibited (Destruction of Pheasants O., 1917, No. 2 ; Rabbits O., 1917 ;
Rookeries O., 1917) 324,331,328
Police, Powers and Duties of.
Definition of " chief officer of police " (footnote (b) to Reg. 55) 430
AGRICULTURAL RETURNS. Handing of census form to representative
of chief police official of English area (Appendix VI, 4) 480
ARREST. Power of any police constable to arrest without warrant
person suspected of offence against regulations, &c. (Reg. 55) ... 429
BAIL. Powers of officers of police as to bail (Reg. 55) 430
DOGS. Powers of police constable as to seizure and destruction of
stray dogs ; duty of person taking possession of stray dog to
hand it over to police constable (Reg. 2s) 334, 376, 405
FINGER PRINTS. Power of chief officer of police to order finger
prints of arrested person to be taken (Reg. 55) 430
PHOTOGRAPH. Power of chief officer of police to order photograph
of arrested person to be taken (Reg. 55) 430
QUESTIONING. Powers of constable (Reg. 53) 436
SEARCH AND SEIZURE. Powers of constable (Regs. 51, 52) ... 434,436
Laying of information by officer before justice of the peace
(Reg.SlA) 435
Police Burg h, Scotland. See BURGH, S.
Ponies. See HORSES ; PIT PONIES.
Poor Law Institutions, dietaries for (Appendix II) 451
Pork. See MEAT.
Possession, Taking" of. See REQUISITION.
" Potato Bagrs" defined for purposes of Potato Bags (Returns)
Order, 1917 156
Index.
PAGE.
Potatoes.
DEFINITIONS for purposes of Potatoes O., 1917
of " Ware potatoes " ... ... ... ... ... ... ... 143
of ' Seed potatoes " 143
DISEASES of. See DESTRUCTIVE INSECTS AND PESTS.
ENFORCEMENT, ETC., OF CONTROLLER'S ORDERS BY LOCAL
AUTHORITIES.
[This is now superseded by the new system under which Enforcement,
&c., is in the hands of the Food Control Committees.] See ADDENDA 1 603
Power for Local Authorities :
in E. to enforce and prosecute under Potatoes Order, 1917
(except so far as relates to wholesale transactions) 143, 192
in S. to enforce Potatoes Order, 1917 (except so far as relates
to wholesale transactions) ... ... ... ... ... 143
EXPORT of potatoes and potato flour (Appendix VI, 7) 484
PRICES. Minimum prices for growers fixed at 6 per ton ; maximum
prices for growers of seed potatoes fixed at 6 10s. per ton ;
limitation on wholesale dealer's prices for potatoes other than
seed potatoes ; maximum price fixed for retailers ; records to be
kept of wholesale and retail dealings (Potatoes O., 1917, Part III
and Second Schedule) ... , 147,154
Memorandum as to fixed prices and supply in Ireland ... 385, 386
REGISTRATION OF DEALERS. Persons entitled to registration as
wholesale and retail dealers, and dealers in seed potatoes ; power
for Food Committee to grant certificates, and to revoke the same
with consent of Food Controller ; registration and inspection of
such certificates (Potatoes O., 1917, Part II) 145
RESTRICTIONS ON DEALINGS. Restrictions on delivery of certain
potatoes ; returns required of such varieties (Potatoes (Immune
Varieties) O., 1917) 141
Certain Ware potatoes to be sold only for human food and by
weight ; registration of dealers ; limitation of wholesale trans-
actions ; restriction on sale of seed potatoes and various kinds
of potatoes (Potatoes O., 1917, Part I) 143
Rules for restricting wholesale dealings and adjusting terms of
Order to case of wholesale dealers who are also growers or
retail dealers (Potatoes O., 1917, First Schedule) 152
RETURNS required of potato bags (Potato Bags (Returns) O., 1917) ... 156
Form of such return 157
Poultry.
" Poultry and Game " defined for purposes of Public Meals Order,
1917, as including rabbits and hares, and any kind of bird killed
for food ; 2 oz. of to be reckoned as 1 oz. of meat ; uncooked
weight 158
Export of poultry (Appendix VI, 7) 484
Feeding stuffs for poultry. See FEEDING STUFFS.
Premises.
Premises defined as including van, stand, cart or other vehicle, for
purposes of Meat (Maximum Prices) Order, 1917 121
Wrongful application of marks indicating Government service to
premises, etc. (Reg. 45 (J) ) ... 433
Premises on which Food is Manufactured. See FOOD
SUPPLY.
Premises on which Food is Sold. See NOTICE.
Preparatory Act
to commission of offence against regulations prohibited (Reg. 48) ... 429
Preserved Milk. See CONDENSED MILK.
" Press Offence," special provisions as to trial of (Reg. 56 (13) ) ... 418
3167 T 3
*82 Index.
PAGE.
Prices.
Arbitration as to for article requisitioned. See ARBITRATOR.
Maximum. See MAXIMUM PRICES.
Minimum. See MINIMUM PRICES.
Notice of to be displayed by the Retailer. See NOTICE BY RETAILER
OP PRICES.
Prisons, dietaries for (Appendix II) 452
Proclamation
Prohibiting EXPORT (Appendix VI, 7) 484
as to FOOD. Proclamation, dated May 2, 1917, requiring economy
in the use of all species of grain (Appendix I) 449
Prohibiting IMPORT (Appendix VI, 12) 499
as to TRIAL BY JURY IN IRELAND. Suspension of 5 Geo. 5, c. 34 in
Ireland by Proclamation dated April 26, 1916 (Editorial Note) ... 427
Procurator Fiscal.
Prosecutions in sheriff court in S. conducted by footnote (a) to p. 195
Proof. See BURDEN OF PROOF ; DOCUMENTARY EVIDENCE ACTS ;
EVIDENCE.
Prosecution of summary offences.
Under earlier system by local authority. See LOCAL AUTHORITY.
Under new system by food control committees in E. and I.
(Addenda 1)
By inspector of weights and measures. See INSPECTOR OF WEIGHTS
AND MEASURES.
Defence in case of prosecution of beer retailer under Beer (Prices
and Descriptions) Order, 1917 (Art. 6 of that Order) 82
See also TRIAL AND PUNISHMENT OF OFFENCES.
Public Bar.
Defined for purposes of Beer (Prices and Descriptions) Order, 1917
Sales of certain beer in public bars controlled ; maximum price fixed
(Beer (Prices and Descriptions) O., 1917) ... 80
Public Duties imposed by D.R. Regrs. on the g-eneral
public.
As to compliance with orders (Reg. 47) 434
As to disclosing contravention of regulations (Reg. 49) 434
As to answering question (Reg. 53) ... ... ... .... ... 43ft
Public Eating* Place.
Defined ; rationing by bulk, exception of certain boarding houses, and
places where maximum charge for any meal is Is. 3d. or for
tea is 6d. (Public Meals O., 1917 ; Cake and Pastry O., 1917, Art. 8) 158, 40
Variation in method of ascertaining gross quantities of meat, flour,
bread and sugar used in inns, hotels, and boarding-houses (General
' Licence tinder Public Meals O., 1917) ... ... 162
Public Health Acts, Local Authorities under.
Local Authorities for purposes of, in E. and S., empowered to enforce :
certain of Controller's Orders (Local Authorities (Food Control) O.
. (No. 1), 1917 ; Local Authorities (Food Control) (S.) O., 1917) 187, 194
[This is now superseded by the new aystem under which Enforcement,
&c., is in the hands of the Food Control Committees. See AD-
DENDA 1, p. 603.]
Local authorities may authorise keeping of pigs, notwithstanding
restrictive bye- laws under these Acts (Reg. 2o as applying to E., S.
and I. respectively) ... ...319,368,395
Public Meals, Compulsory rationing of. See MEALS, PUBLIC.
Index.
PAGE.
Pulse.
Prohibition on feeding of "game birds" with (Feeding of Game 0.,
1917) 31
Pulse imported into U.K. requisitioned by Food Controller (Beans,
Peas and Pulse (Requisition) O., 1917) 25
Maximum prices fixed ; to be sold by weight and for human food
only (Beans, Peas and Pulse (Retail Prices) O., 1917) 26
Power for Local Authorities :
in E. to enforce, and prosecute under Beans, Peas and Pulse
(Retail Prices) Order, 1917 26, 192
in S. to enforce Beans, Peas and Pulse (Retail Prices) Order, 1917 26
Enforcement now in hands of food committees. ADDENDA I. ... 603
Quails.
Feeding of grain to prohibited (Feeding of Game O., 1917) 31
Quaker Oats. See OATS.
Quality or Quantity of goods.
Misleading statement to Government official punishable (Reg. 45 (7t)) 433
Quarter (of corn).
Number of Ibs. by which quarter is to be calculated (Wheat, Barley and
Oats (Prices) O., 1917, Art. 1) ; Barley (Requisition) O., 1917, Art. 6 ;
Grain (Prices) O., 1917, Art. 13 ; Corn Production Act, 1917, s. 17 (e))
37, 38, 52, 224
Comparison of weights of " quarter " under various provisions
(Memorandum as to price of grain in I., par. 4 ; footnote (a) thereto) 251, 252
Quarter (of year).
Defined for purposes of Part I. of Intoxicating Liquor (Output and
Delivery) Order, 1917 (Art. 3 of that Order) 74
Defined for purposes of output of Beer (Restriction) Act, 1916
(s. 7 of that Act, as amended) 474
Quarter Sessions, England and Ireland.
Appeal to, from summary conviction (Reg. 58) ... ... ... ... 416
No jurisdiction to try felony (Reg. 56 A) 424
Questioning*. See INTERROGATION.
Quitting*.
Compensation to cultivators on Councils' quitting land taken over
under Cultivation of Lands Order, 1917 (No. 2) (Art. 7 of that O. ;
Reg.2L (3) as applying to E. ; Memoranda thereunder, XIV) 262, 259, 267
Rabbits.
MEAT. Rabbits, included in " game " for purposes of Order (Public
Meali O., 1917) 158
DESTRUCTION OF IN ENGLAND. Prevention of injury to crops by ;
authorisation of killing, taking, sale, purchase and possession
(Reg. 2R as applying to E.) ... 320
Agricultural Executive Committees in E. empowered to authorise
killing of (Rabbits O., 1917) ... 331
Memoranda thereunder ... ... ... ... ... ... 332
Future powers coming into force Aug. 21, 1918, or on termination
of war as to destruction of rabbits (Corn Production Act,
88.10,11(3)) 219,221
DESTRUCTION OF IN SCOTLAND. Prevention of injury to crops by ;
authorisation of killing, taking, sale, purchase and possession
(Reg. 2R as applying to S.) 371
Summary of circular letters of Board of Agriculture for S. as to
killing of rabbits 370,373
Authorisation as to killing of rabbits in S. (O., April 4, 1917) ... 374
Authorisation for occupier of agricultural holding in S. to enter
adjoining woodland, moorland or heath, to take and kill
rabbits between July 1 and April 30 following (O., June 14, 1917)... 374
Future powers coming into force Aug. 21, 1918, or on termination
of war, as to destruction of rabbits (Corn Production Act,
as. 10, 11 (3), 18 (1) (a) ... ...219,221,224
3167 T 4
584 Index.
PAGE.
Rabbits continued.
DESTRUCTION OF IN IRELAND. Prevention of injury to crops by ;
authorisation of killing, taking, sale, purchase and possession
(Reg. 2R as applying to I.) 404
Supplementary powers of Department of Agriculture, &c., for I.
as to destruction of rabbits (Corn Production Act, ss. 10,18 (2) (a) ) 219, 225
Racehorses.
Rationing of (Horses (Kationing) O. (No. 2), 1917) 61
Racecourses, Ireland.
Compulsory tillage of portion. See COMPULSORY TILLAGE, IRELAND.
Railway Buffets and Restaurant Cars.
Buffets exempted as regards food served over counter from pro-
visions of Public Meals Order, 1917 158
Buffets and Cars exempted from provisions of Beer (Prices and
Descriptions) Order, 1917 ... " 83
Raisins. See FRUIT.
Ram. See SHEEP.
Raspberries.
Raspberries grown in U.K. and bought by jam manufacturers :
maximum price fixed at 35 per ton (Raspberries (Jam Manu-
facturers' Prices) O., 1917) 103
Scotch raspberries to be delivered to Food Controller (Raspberries (S.)
Delivery O., 1917) 106
And see FRUIT.
Rations, Compulsory.
Of meat, sugar, flour, bread in public eating - places (Public Meals
O., 1917) 158
Variation in ascertainment of gross quantities used (General Licence,
Oct. 8, 1917) 162
Of tea-shops which were excepted from Public Meals Order, 1917
(Cake and Pastry O., 1917) 39
Of horses, ponies and mules (Horses (Rationing) O. (No. 2), 1917) ... 61
Rates.
On land taken by :
local authorities under Cultivation of Lands Order, 1917 (No. 2)
(Memoranda thereunder, VII) ... ... ... ... ... 265
Agricultural Executive Committees under Cultivation of Lands
Order, 1917 (No. 3) (Memoranda thereunder, (4) XII) 299
Leviable by drainage authority. See DRAINAGE OF LAND.
" Recognised dealer," defined for purposes of Grain (Prices)
Order, 1917 52
Recognisance. See BAIL.
Record
of transactions in :
BUTTER. To be kept by all dealers in butter (Butter (Maximum
Prices) O., 1917) 127,9
CHEESE. To be kept by all dealers in cheese (Cheese (Maximum
Prices) O., 1917) 126
GRAIN, &c. To be kept of oats, maize, beans and peas used for
feeding certain horses ; inspection by police, &c. (Horses
(Rationing) O., 1917, Art. 6) 62
To be kept by manager of mill, grain received or used
(Flour Mills O., No. 2, 1917) 48
MEAT. To be kept by all retail dealers in meat (Meat (Sales) O.,
1917) 115
POTATOES. To be kept by wholesale and retail dealers in
potatoes (Potatoes O., 1917, Arts. 34 and 41) 148, 149
SUGAR. To be kept by persons dealing in sugar for fruit
preserving (Sugar (Domestic Preserving) O., 1917) 169
of the condition of LAND. Cost of making such a record to be
defrayed equally by previous occupier and Board of Agriculture
( Corn Production Act, s. 9 (4))
Index. 585
PAGE.
Recreation Grounds, etc.* in S. not to be broken up unneces-
sarily for food production purposes (Memoranda under Reg. 2L (3), VII) 348
Red currant jelly excepted from Jam (Prices) 0., 1917 108
Reformatory Schools, dietaries of (Appendix II) ... 452
Refreshment House. See PUBLIC EATING PLACE.
Refrigerated Produce.
Requisitioning of insulated spaces for carriage of meat, fruit, and
fish, on H.M.'s ships footnote ( C ) to p. 113
Carriage of dairy produce footnote (b) to p. 123
Register.
MEALS. To be kept by person or persons having management of
any public eating place, for purposes of Public Meals Order, 1917 158
Form of such Register 161
POTATOES. To be kept by Food Control Committee of persons to
whom certificates have been granted under the Potatoes Order,
1917 145
SUGAR. To be kept by Food Control Committee of persons to whom
certificates have been granted under the Sugar (Registration of
Retailers) Order, 1917 170
Registration of Dealers. See CERTIFICATE.
Regulations. See also ORDERS.
CORN PRODUCT TON ACT REGULATIONS. See CORN PRODUCTION ACT.
DEFENCE OF THE REALM REGULATIONS. See DEFENCE OF THE
REALM REGULATIONS.
SALE OF GOVERNMENT IMPORTED CHEESE AND MEAT REGULA-
TIONS. See CHEESE ; MEAT.
Rent, Agricultural.
Restriction on raising of agricultural rents in consequence of con-
trolled price of wheat and oats (Corn Production Act, 1917, s. 8) ... 215
Rent payable by Councils for land taken under Cultivation of Lands
Order, 1917 (No. 2) (Memoranda thereunder, IV) 264
Rent payable by cultivators (Cultivation of Lands O., 1917 (No. 2), Art. 3,
and Memoranda thereunder, VI) 261,264
Requisition of
AGRICULTURAL PRODUCE, STOCK AND PLANT. (Reg. 2M (1) (6)) ... 350
FACTORY or output thereof. See FACTORY.
FLOUR MILLS (Flour Mills Orders, 1917) ,.42,48
FOOD. Barley (Barley (Requisition) O., 1917) 38
Beans, peas and pulse (Beans, Peas and Pulse (Requisition) O., 1917) . 25
Cheese (Cheese (Requisition) O., 1917) 124
FLAX (Appendix VI, 9) 492
HAY AND STRAW (Appendix VI, 10) 495
LAND. See FOOD PRODUCTION.
Resident Magistrates, Ireland.
Jurisdiction as to summary offences ... Editorial Note to p. 411
Bail : admission to of alleged offender in cases approved by com-
petent naval or military authority (Reg. 56 (10) ) 422
Restaurant. See PUBLIC EATING PLACE.
Retail business" and "retailer" defined for purposes of
Sugar Order, 1917 (Art. 1 of that Order) 172
Retail Dealer defined for purpose of Potatoes Order, 1917 (Art. 1
of that Order) 143
586 Index.
PAGE.
" Retail Sale " defined for purposes of Butter (Maximum Prices)
Order, 1917 129-
Retailer of Potatoes. See POTATOES.
Retailer of Sugrar.
No retailer shall dispose of any sugar issued under this Order except
for the purpose of fruit-preserving, to such persons as have for-
mally applied for the sugar (Sugar (Domestic Preserving) O., 1917)... 168
Every retailer of sugar must hold a certificate of registration granted
by Food Control Committee ; application to be made before
Sept. 15th, 1917 (Sugar (Registration of Retailers) O., 1917) ... 170
. Supply of sugar to retail businesses (Sugar O., 1917, Part* II and III) 173-177
Returns.
AGRICULTURAL RETURNS. Census of Cattle, Sheep, Pigs and Agri-
cultural Trnplements (Appendix VI, 4) 480
Census of Horses and Mules (Appendix VI, 4) 480
Crops and Live Stock (Appendix VI, 4) 480
Individual Return as to cultivation, crops, and live stock : power
of three Agricultural Departments to require :
under Corn Production Act (s. 15 of that Act) 223
Reg. 2M (1) (o) as amended to Jan. 1918 (Addenda) 620
FOOD CONTROLLER'S RETURNS. Power for Food Controller to
require returns (Reg. 2a)
Returns required by Food Controller under Reg. 2s of :
[Such of the Food Controller's Orders as related solely to returns to
be made by a day past on Oct. 21st, 1917, and which were therefore then
" spent" are omitted from this volume and this index.]
Apricot pulp (Apricot Pulp and Bitter Oranges) O., 1917) Ill
Cattle (Cattle and Meat (Returns) O., 1917) 117
Currants (Currants and Sultanas (Requisition) O., 1917, Art. 4) ... 86
Flour, output capacity (Flour Mills O., No. 2, 1917) 48
Meat (Cattle and Meat (Returns) O., 1917) 117
Milk (Milk (Returns) O., 1917) 125
Oranges and Orange pulp (Apricot Pulp and Bitter Oranges O., 1917) 111
Pickled Herrings (Pickled Herring (Returns) O., 1917) 93
Potatoes (Potatoes (Immune Varieties) O., 1917) 141
Potato bags (Potato Bags (Returns) O., 1917) 156
Sugar supplied to Ireland (Sugar (Sales for I.) Returns O., 1917) ... 180
Sultanas (Currants and Sultanas (Requisition) O., 1917, Art. 4) ... 86
As to FLAX (Appendix VI, 9)
OILS AND FATS (Appendix VI, 14) 504
TIMBER (Appendix VI, 18) ... 508
Rice.
Use of, for production of whiskey, &c., without permit of Minister of
Munitions prohibited (Reg. 30D) 408
Mixture of with wheaten flour (Manufacture of Flour and Bread Orders
(Nos.2and3)) 32,36
Rice or rice flour to be used for human food only ; damage or waste
prohibited (Wheat, Rye and Rice (Restriction) O., 1917) 41
Power for Local Authorities
in E. to enforce, and prosecute under Wheat, Rye and Rice
(Restriction) Order, 1917 190,192
in S. to enforce Wheat, Rye and Rice (Restriction) Order, 1917 196
Enforcement now in hands of food committees. ADDENDA I. ... 603
Export of rice, rice flour and face powder (Appendix VI, 7) ... ... 484
Road Materials.
Restrictions on transport of (Appendix VI, 15) 505
" Robinson's Groats/ 9 See OATS.
Rolls of Bread.
No roll weighing not less than 1 oz. or more than 2 oz. weight to be
offered for sale (Bread O., 1917 Art. (8); General Licence, May 23, 1917) 35, 48
Index.
PAGE.
Rookeries.
Agricultural Executive Committee empowered to authorise destruc-
tion of (Rookeries O., 1917) 328
Memoranda thereunder 329
Royal Agricultural Society to nominate 2 members representing
employers out of the 39 persons on the Agricultural Wages Board
(E. and W.) (Art. 4 of Regulations under Corn Production Act) ... 239
Royal Commissions.
Editorial Notes as to Constitution, Address, &c., of Commissions :
Defence of the Realm Losses Commission ... footnote (a) to p. 304
Sugar Supply Commission (footnote (a) to Brewers' Sugar O., 1917) 165
Issue by Sugar Commission of sugar for domestic preserving of
fruit ; sales of such sugar by grocers of retailers controlled
(Sugar (Domestic Preserving) O., 1917) ... 168
Rules of the Sugar Commission as to wholesale distribution of
sugar (Sugar (Sales for I.) Returns O., 1917, Sch.) . . . 180-182
Wheat Supply : maximum price of imported flour to be price (if any)
prescribed by Royal Commission (Flour and Bread (Prices) O., 1917) 55
Address of the Commission footnote ( a ) to p. 58
Royal Proclamation. See PROCLAMATION.
Rural District Councils. See DISTRICT COUNCILS, URBAN AND
RURAL.
Rye.
Mixture of rye flour with wheaten flour (Manufacture of Flour and
Bread Orders (Nos. 2 and 3)) 32,36
Rye to be used only for seed or flour ; rye flour to be used for human
food only ; damage or waste of rye or rye flour prohibited
(Wheat, Rye and Rice (Restriction) O., 1917) 41
Power for Local Authorities
in E. to enforce, and prosecute under Wheat, Rye and Rice
(Restriction) Order, 1917 190, 192
in S. to enforce Wheat, Rye and Rice (Restriction) Order, 1917... 196
Enforcement now in hands of food committees. ADDENDA I ... 603
Maximum price and terms of trading fixed ; sales to be by weight
(Grain (Prices) O., 1917) 49
Winter-sown rye to be used for seed only before Jan. 1st, 1918
(Winter Oats and Rye (Restriction) O., 1917) ... 54
Export of rye, rye flour and meal (Appendix VI, 7) 484
Saccharin.
Prohibition on export of (Appendix VI, 7) 484
"Sack" defined for purposes of Grain (Prices) Order, 1917 52
Permitted charges for sacks and outside packages (Flour and Bread
(Prices) O., 1917) 56
Sagro.
Use and treatment of for any purpose except for human food pro-
hibited (Maize, Barley and Oats (Restriction) O., 1917) 43
Export of (Appendix VI, 7) 484
Sailor.
On sentrv duty. Powers of search (Reg. 52) ... ... ... ... 436
Power of questioning (Reg. 53) ... ... ... ... ... ... 436
SETTLEMENT OF ON LAND. See LAND SETTLEMENT.
" Sale " defined as including barter (Meat (Sales) O., 1917) 115
" Sale by retail " defined as any sale other than a sale by wholesale
(Jam (Prices) O., 1917) 109
" Sale by wholesale " defined for purposes of Jam (Prices) Order,
1917 ... 108
588 Index.
PAGE.
Sale of Food and Drug's Acts.
Provisions as to warranties, etc., applied to proceedings under :
Cake and Pastry Order, 1917 39
Jam (Prices) Order, 1917 108
Tea (Nett Weight) Order, 1917 184
Certificate of analyst appointed under terms of Sale of Food and
Drugs Acts (Beer (Prices and Descriptions) O., 1917) 81
Epitome of enactments conferring powers on three Agricultural
Departments as to sale of food and drugs (Appendix VI, 16) ... 506
Salmon and Sea Trout
included in provisions of :
Sea Fishing (E. and W.) Order, 1917 90
Fisheries (I.) Order, 1917 92
excluded from provision of :
Sea Fishing (S.) Order, 1917 99
Freshwater Fish (I.) Order, 1917 88
Sea Fishing (I.) Order, 1917 94
Import of canned salmon (Appendix VI, 12) 499
Samples.
to be taken by person authorised by Food Controller, of any article,
where suspected of being used in contravention of :
Barley (Restriction) Order, 1917 52
Beer (Prices and Descriptions) Order, 1917 81
Cake and Pastry Order, 1917 39
Maize, Barley and Oats (Restriction) Order, 1917 43
Wheat, Rye and Rice (Restriction) Order, 1917 41
under Fertilisers and Feeding Stuffs Act (Appendix VI, 8) 491
Sale of Food and Drugs Acts (Appendix VI, 16) 506
Sausages
included in " meat " for purposes of Order (Public Meals O., 1917) ... 158
Export of (Appendix VI, 7) 484
Scilly. Isles of, Council for.
Establishment of Council (footnote (c) to Local Authorities (Pood Control)
O. (No. 1), 1917) 188
Enforcement by of certain of Food Controller's Orders (Local Authorities
(Food Control) O. (JS T o. 1.), 1917) 189
Enforcement now in hands of food control committee. ADDENDA I 603
Scone.
No scone shall contain any sugar nor more than 50 per cent, of wheaten
flour (Cake and Pastry O., 1917) 39
Reckoning of weight of flour in (Public Meals O., 1917 Art. 4 () ) ... 158
Scotland. Special provisions of D. R. Acts, Regula-
tions, and Orders, in application to
AGRICULTURAL RETURNS for Scotland (Appendix VI, 4) 480
BOARD OF AGRICULTURE FOR SCOTLAND. See BOARD OF AGRICUL-
TURE FOR SCOTLAND.
COURT OF SESSION. Arbitration by judge of, as to price of requisi-
tioned output of factory (Reg. 7)
CROPS. See CROPS, SCOTLAND.
CULTIVATION OF LANDS. Town councils authorised to exercise
powers of Board of Agriculture for Scotland under Reg. 2L
(Cultivation of Lands (S.) O , 1917, No. 2) 344
Summary of Board's memoranda as to :
Powers delegated to Town Councils 346
Action to be taken by Parish Councils ... ... ... ... 348
District Agricultural Committees authorised to exercise powers of
Board of Agriculture for S. under Reg. 2M. See AGRICUL-
TURAL EXECUTIVE COMMITTEES (DISTRICT), S.
Index. 589
PAGE.
Scotland. Special provisions of D. R. Acts, Regula-
tions, and Orders, in application to continued.
DEER. Prevention of injury by deer to crops and pastures in Scot-
land (Reg. 2Q) 369
Occupiers of agricultural holdings authorised to kill trespassing
deer (O., Jan. 15, 1917) 369
Circular letter of Board to District Agricultural Executive Com-
mittees as to deer ... ... ... ... ... ... ... 369
Circular letter of Board to landed proprietors as to deer forest
grazings 365
FISHERY BOARD FOR SCOTLAND. Power to authorise the taking of
fish within the parts of the sea adjoining S. (Sea Fishing (S.) O.,
1917) 99
HAY AND STRAW. Prohibition of Lifting of, and Maximum Prices
for. See HAY AND STRAW.
HIGH COURT OF JUSTICIARY. Jurisdiction to try felony (Reg. 5GA) 424
Appeal to from sheriff court on " stated case " (Reg. 58 ; footnote (a)
thereto) ... 416,417
No appeal from (Reg. b$K ; footnote (b) (ii) ) 424
LAND. Right for occupier of, to " make muirburn " for conservation
or improvement of grazing land (Reg. 2M (10)) 352
LOCAL AUTHORITIES empowered to enforce Food Controller's Order
(footnote (c) to Local Authorities (Pood Control) (S.) O., 1917) 194
See LOCAL AUTHORITY.
LOCAL GOVERNMENT BOARD FOR SCOTLAND. See LOCAL GOVERN-
MENT BOARD FOR SCOTLAND.
LORD ADVOCATE decision by as to
whether case shall be tried summarily (Reg. 56 (7)) 413
as to forum for " press offences" (Reg. 56 (13)) 418
" munition offences "( Reg. 56 (14) ) 418
MAINTENANCE OF LIVE STOCK. Order restricting slaughter of
animals in-calf and in-pig, and of calves (O., Aug. 24, 1915) ... 457
RABBITS. Authorisation by Board of Agriculture for S. as to de-
struction of (O., April 4, 1917 ; O., June 14, 1917) 374
Memoranda as to killing of rabbits in S. ... ... 371, 373
SECRETARY FOR SCOTLAND. See SECRETARY FOR SCOTLAND'S
POWERS UNDER REGULATIONS.
SHERIFF COURT. Court of summary jurisdiction under D. R. Regs.
(Introd. Note ; Reg. 58) 410,416
WOOL. Prohibition on dealings in and Prices for. See WOOL.
" Sea Pish " defined as including Crustacea and shellfish (Sea Fishing
(England and Wales) O., 1917) 90
Defined for purposes of Sea Fishing (Scotland) Order, 1917 99
Defined as including fish of all kinds found in the sea (except
salmon and sea trout), including Crustacea and shellfish
(Sea Fishing (Ireland) O., 1917) 94
Sea Fishing.
Power for Board of Agriculture and Fisheries to authorise taking of
fish within territorial waters of E. and W. (Sea Fishing (England
and Wales) O., 1917) ... 90
Power for Fishery Board for Scotland to authorise the taking of fish
within the parts of the sea adjoining Scotland (Sea Fishing
(Scotland) O., 1917) 99
Power for Department of Agriculture and Technical Instruction for
Ireland to authorise :
means of taking salmon and sea trout in Ireland (Fisheries (Ireland)
O., 1917) 92
Local Orders made by Department under this Order footnote (l>) to... 92
taking of fish within tidal and territorial waters of Ireland
(Sea Fishing (Ireland) O., 1917) 94
Order as to drift net fishing for herrings (O., Sept. 18, 1917) 96
Sea Trout. See SALMON AND SEA TROUT.
590 Index.
PAGE.
Search.
Power to search premises and vehicles (Regs. 51, 61 A, 52) ... 434, 435, 436
Amendment of Reg. 51 (Introd.) footnote (a) to xxx
Secretary for Scotland's powers under Regulations.
EVIDENCE OP ORDERS. Documentary Evidence Acts extended to
orders of the Secretary for Scotland (Part X, 1) 437
DEER. Consent of Secretary for Scotland to Board of Agriculture's
Order, authorising killing of deer (Reg. 2Q) ... ... ... 369
FISH. Consent of Secretary for Scotland required for authorisation
by Fishery Board under Sea Fishing (S.) Order, 1917 99
FOOD, &c., SUPPLY. Conferment by Secretary for Scotland on local
authorities of powers as to enforcing Food Controller's orders
(Reg.2J(l)) 11
Order empowering local authorities to enforce Food Controller's
orders (Local Authorities (Food Control) (S.) O., 1917) 194
List of Orders brought within scope of above Order, with concur-
rence of Secretary 196, 197
INEBRIATES. Orders as to dietaries of institutions for inebriates
(Appendix II) ... ... ... ... ... ... ... ... 351
PRISONS. Orders as to dietaries of (Appendix II) ... ... ... 352
WILD BIRDS. Enactments as to close time, preservation, &c.
footnote (a) to p. 372
Secretary for Scotland's Seat in Parliament. List of
Offices of Profit immediate succession from the one to the other of
which does not vacate seat in House of Commons ... ... ... 510
Secretary of State's powers under Regulations.
EVIDENCE OF ORDERS. Proof of Secretary's Orders (Part X, 1) ... 437
PRISONS. Orders as to dietaries of prisons (Appendix II) 452
WILD BIRDS. Close time for (footnote (a) to Reg. 2R as applying to E.) 320
Preservation of footnote (a) to p. 322
Secretary of State's Seat In Parliament.
List of Offices of Profit, immediate succession from the one to the .
other of which does not vacate seat in House of Commons ... 510
Seed Potatoes. See POTATOES.
Seeds.
ADULTERATION or. Under Adulteration of Seeds Acts (Appen-
dix VI, 17) ... 507
EXPORT. Of certain seeds prohibited (Appendix VI, 7) 484
SUPPLY OP IN E. by local authorities to cultivators (Art. 5 of Cultiya-
tion of Lands O., 1917 (No. 2), and Memorandum thereunder, IX) 261, 265
Estimate of requirements as to and supply of seeds by Supplies
Sub-Committees (Memoranda (3) III under Cultivation of Lands
O., 1917 (No. 3)) 282
OLEAGINOUS SEEDS. See OILS AND FATS.
SUPPLY OF IN I. Memoranda as to supply of and loans as to by
Department of Agriculture and Technical Instruction for
Ireland 386,391
" Self-raising- Flour " defined for purposes of Flour and Bread
(Prices) Order, 1917 60
Sentence. See DEATH SENTENCE ; TRIAL AND PUNISHMENT OF
OFFENCES.
Passing of .sentence by civil court or court of summary jurisdiction
to take place in public (Reg. 58) 416
Of detention in detention barracks not to be awarded (Reg. 57) ... 425
Maximum of 6 months with hard labour for certain offences against
Regulations (Reg. 57) 425
Service of Notice as to cultivation of land by post, &c. (Reg. 2M (11)) 273
Session, Court of. See COURT OF SESSION.
Sessions. See QUARTER SESSIONS, E. AND I.
Shape of Loaf of Bread. See BREAD.
Index.
PAGE.
Sheep. CENSUS OP (Appendix VI, 4) 480
MEAT. Ram, ewe, wether, and lamb included in definition of " cattle "
for purpose of Meat (Sales) Order, 1917, Cattle and Meat
(Returns) Order, 1917, and Meat (Maximum Prices) O., 1917.
See MEAT 113,117,118
PELTS. See HIDES.
WOOL. See WOOL.
Sheriff, Scotland. Power taking effect Aug. 21, 1918, or on termina-
tion of War in default of agreement to appoint person to make
record of condition of land taken over by Board of Agriculture for
S. (Corn Production Act, ss. 9 (4) ; 18 (1) (c)(d)) 214, 224
Power for sheriff to authorise search and seizure of prohibited docu-
ments, &c., on laying of information (Reg. 51 A) 435
Appointment by sheriff of single arbiter, as to beer (Output of Beer
(Restriction) Act, 1916, s. 4, as amended) 472
Sheriff Court, Scotland, trial by, of offences triable summarily
(Introd. Note ; Reg. 58) 411,416
Shetland Isles. See ORKNEYS AND SHETLANDS.
Shipping*
of malt from I. to Great Britain or vice versa, or from any part
of U.K., either to Channel Islands or Isle of Man, prohibited
(Malt (Restriction on Shipping) O., 1917) 70
" Ships' Stores " defined for purposes of Flour and Bread (Prices)
Order, 1917 59
Shooting;.
Execution of sentence of death by (Reg. 56A) 424
Skins. See HIDES.
Slaughter of Animals. Act and Orders repealed by Maintenance
of Live Stock Act and Orders (5 & 6 Geo. 5, c. 65, s. 4 (2) ) ... 454
Sluices, Opening of. See DRAINAGE OP LAND.
Small Holding's. Epitome of enactments conferring powers
as to provision of small holdings in England and Scotland
and as to establishment of small holdings Colonies (Appendix VI,
2(1) (2)) ' 477,478
Soldier.
On SENTRY DUTY. Powers of search (Reg. 52) 436
Powers of questioning (Reg. 53) ... ... ... ... ... ... 436
SETTLEMENT OF ON LAND. See LAND SETTLEMENT.
Sows. See PIGS.
Special Case.
Appeals by, to Court of Crown Cases Reserved in Ireland on point
of law from conviction by civil court with jury (footnote (b) (iii)
to Reg. 56A) 424
Appeal by, to High Court on point of law from summary convictions
in England and Ireland (footnotes (c) (b) to Reg. 58) ... 416, 417
Spirits.
Restriction on delivery (Intoxicating Liquor (Output and Delivery) O.,
1917, Part II) 74
Treasury Rules as to " authorities " for delivery (Rules, March 29,
1917) ... ... .' 75
Prohibition on use of grain, rice, sugar, or other material specified in
order for production of whiskey or other alcoholic spirits without
permit from Minister of Munitions (Reg. 30D) 408
Export of spirits (Appendix VI, 7) 484
Import of spirits (Appendix VI, 12) 49J>
Index.
PAGE.
Spraying* Materials.
Memorandum by Department of Agriculture and Technical Instruc-
tion for I. as to supply 386
Stacking*.
Memorandum as to Stacking Corn in Ireland 256
Staff of War Agricultural Executive Committees in E. and W. (Art. 3 of
Cultivation of Lands O., 1917 (No. 3) ; Memoranda thereunder (3) IV) 275, 284
of District Agricultural Executive Committees in S. (Memoranda,
III, 3, under Reg. 2M as applying to S.) 357
" Statute Acre " defined footnote (o; to p. 252
Statutory List.
Note on Trading with the Enemy (Statutory List), Proclamation
(Appendix VI, 7 (4) ) 490
Stipendiary Magistrates, jurisdiction as to summary offences
(Editorial Note) 410
" Stone " defined for purposes of Meat (Sales) Order, 1917, and Meat
(Maximum Prices) Order, 1917, as 8 Ibs 115, 121
Stone Fruit. See FRUIT.
Straw.
No restriction on use of for feeding horses (Horses (Rationing) O., No. 2,
1917) ... 61
Memorandum by Department of Agriculture and Technical Instruc-
tion for Ireland as to restrictions in dealing in (Art. 25 thereof) ... 254
Export of (Appendix VI, 7) 484
And see HAY AND STRAW.
Stray Dogs. See DOGS.
Suet.
Not included in " meat " for purposes of Order (Public Meals 0., 1917) 158
Sugar.
Use of sugar or molasses for production of whiskey, &c., without
permit of Minister of Munitions, prohibited (Reg. 30D) 408
Defined for the purposes of Cake and Pastry Order, 1917, as including
glucose ... ... ... ... ... ... ... ... ... 39
" BREWERS' SUGAR " defined for purposes of Brewers' Sugar Order,
1917 165
Brewers' sugar to be warehoused, and price for sale by retail fixed
at current price for granulated sugar (Brewers' Sugar O., 1917) ... 164
ENFORCEMENT, ETC., OF CONTROLLER'S ORDERS BY LOCAL AUTHORI-
TIES.
[This is now superseded by the new system, under which Enforcement,
etc., is in the hands of the Food Control Committees.] See ADDENDA I. 603
Power for Local Authorities
in E. to enforce, and prosecute under :
Brewers Sugar Order, 1917 (Clause 2) 190, 192
Sugar (Confectionery) Order, 1917 (Clauses 1 and 2) ... 190, 192
Sugar (Domestic Preserving) Order, 1917 168, 192
Sugar Order, 1917 (so far as relates to retail transactions) 172, 192
in S. to enforce Brewers' Sugar Order, 1917 (Clause 2) ]96
Sugar (Confectionery) Order, 1917 (Clause land 2) ... 196
Sugar (Domestic Preserving) Order, 1917 168
Sugar Order, 1917 (so far as relates to retail tran-
sactions) 172
EXPORT. Prohibition on export of sugar from U.K. or Isle of Man
(Appendix VI, 7) 484
IMPORT. Prohibition on import of articles containing sugar (except
Condensed Milk) (Appendix VI, 12) 499
Index.
PAGE.
Sugrar continued.
PRESERVING. Sugar issued by the Sugar Commission for the purpose
of the domestic preserving of fruit not to be diverted to any
other purpose ; sales of such sugar by grocers or retailers con-
trolled ; records to be kept by persons dealing in such sugar
(Sugar (Domestic Preserving) O., 1917) 168
PRICES. Retail price of chocolates and sweetmeats fixed ; use of sugar
for covering cakes prohibited (Sugar (Confectionery) O., 1917) ... 163
RATIONING AT PUBLIC MEALS. Rationing of sugar at public meals ;
ascertainment of weight (Public Meals O., 1917) ... ... ... 158
Variation, ascertainment of, in gross quantities to be used per week in
public eating places (General Licence, Oct. 8, 1917) 162
RESTRICTION. Dealings in sugar outside U.K. prohibited ; insurance
of sugar excepted (Dealings in Sugar (Restriction) O., 1917) ... 166
Amount of sugar to be used in manufacture restricted to percentage
of that used by same manufacturer in 1915 (Sugar (Restriction) O.,
1917) 167
Jam marmalade, and condensed milk excepted from the Sugar
(Restriction) Order, 1917 168
Maximum percentage of sugar to be used in making cakes, buns,
scones, and biscuits (Cake and Pastry O., 1917) 39
RETURNS to be made of sugar supplied to customers in Ireland
(Sugar (Sales for Ireland) Returns O., 1917) 180
ROYAL COMMISSION on Sugar Supply ; names of Commissioners,
Secretary, and Address (footnote (a) to " Brewers' Sugar O.") ... 165
Rules on Sugar Supply (Sugar (Sales for I.) Returns O., 1917, Sch.) 180-182
SUPPLY Retailers of sugar to hold certificate of registration granted
by Food Control Committee ; application for such certificate to
be made before September 15th, 1917 (Sugar (Registration of
Retailers) 0., 1917) 170
Authorities and vouchers issued by Food Control Committees for
purchase and delivery of sugar (Sugar O., 1917, Pt. II.) 173
Supply of sugar for businesses, institutions, etc. (Sugar O., 1917, Parts
II and III) 173-177
Use of sugar by manufacturers, etc., for household purposes (Sugar O.,
1917, Art. 13) 175
Issue of sugar registration cards (Sugar O., 1917, Art. 21) 177
Sugrar Syrup defined for purposes of Sugar Order, 1917 (Art. 14 of
that Order) 175
Sulphate of Ammonia. See MANURES.
Sulphate of Copper. See MANURES.
Sultanas.
Prohibition on dealings in Sultanas, etc., outside U.K. (Dried Fruits
(Restriction) O., 1917) 85
Requisitioning of Sultanas afloat and shipped to U.K. ; returns re-
quired (Currants and Sultanas (Requisition) O., 1917) 86
Summary Jurisdiction, Courts of.
Majority of prosecutions for contraventions of Food Regulations and
Orders are before Court of Summary Jurisdiction (Introd Note to
Part IX) 409
Editorial Note as to Courts of Summary Jurisdiction 410
Court for Trial of Offences (Rpg. 56 (1) (5) ) 411, 412
Restrictions on prosecutions in E. and I. without consent of Attorney-
General (Reg. 56 (11) ) 414
Punishment, venue, summoning of witness, appeals, hearing in camera
(Reg. 58) 416
Special provisions as to " press " and " munitions " offences (Reg. 56
(13), (14)) 418
Court fees and payment and allocation of fines and fees in E.
(Appendix VIII) 512-515
594 Index.
PAGE.
Summary Offences.
Salient features of summary prosecution provisions of D.R. Regs.
(Introd.) ... ... ... ... ... ... ... ... xxx
Trial of person, for offence declared by Regulations to be a
" summary offence " by court of summary jurisdiction and not
otherwise save where person is subject to naval or military
law (Part IX (1)) 410-418
Orders of Food Controller authorising the prosecution of summary
offences in E. and W. by :
Local Authorities (O., May 8. 1917) 192
Inspectors of Weights and Measures (O., June 11, 1917) 19$
Power for officers appointed by Board of Agriculture and Fisheries
or Agricultural Wages Board to prosecute summary offences
under Corn Production Act, 1917 (Art. 17 (2) of Sch. I) 229
Offences declared by specific Regulations, &c., to be " summary
offences " :
AGRICULTURAL EMPLOYMENT. Failure of employer to inform
Board of Agricultural and Fisheries, or Board of Agricul-
ture for S. in S., of cesser of agricultural employment of
any male person of 16 years of over (Reg. 41AAA (as applying
toB.andS.)) 340,378
Employment of agricultural workmen at a rate below fixed
minimum wage (Corn Production Act, s. 4) 212
AGRICULTURAL RETURNS. Neglecting to make return to Agri-
cultural Departments (Corn Production Act, s. 15) 223
CORN PRODUCTION. False statement or false representation to
obtain payment, compensation, &c., under Part I of this
Act (Corn Production Act, s. 3 (3)) 212
CULTIVATION OF LAND. Failure by occupier to cultivate land
in E. and S. in accordance with notice or direction
(Reg. 2M (3) as applying to E. and S.) 272, 351
Entering or damaging crops on land taken possession of under
Regs. 2L or 2M (Reg. 2N) 260,273
Failure of occupier of agricultural holding in I. to furnish
particulars as to holding and user (Reg. 2p) 396
DOGS. Failure by person taking possession of stray dog to
return it to owner or hand it over to police constable
(Reg. 2s) 334
ENTRY. Obstruction of entry and inspection of authorised
person under Corn Production Act, 1917 (s. 13 of that Act)... 222
FOOD, &c., supply. Contravention or non-compliance with
orders of Food Controller as to articles of food, &c.
(Reg.2F(5)) 8
Contravention or non-compliance with orders of Food Con-
troller as to Returns (Reg. 2G (3)) ... 9
Failure to comply with directions of Food Controller as to
management and user of premises taken possession of
(Reg. 2GG) 9
HOP GARDENS. Failure to reduce acreage under hops in E. to one-
half of that of June, 1914 (Reg. 2NN (1) ; Memoranda there-
under, I) 316,317
Failure to comply with conditions imposed by licence of
exemption from obligation to reduce hop acreage
(Reg. 2NN (3) ; Memoranda thereunder, III) 316, 317
RABBITS, YERMIN, &c. Obstruction of powers of persons carry-
ing out provisions of Part IV of Corn Production Act, 1917
(B. 10 of that Act) 219
Summary Punishment.
Powers under Army Act of Commanding Officers not affected by
suspension by Proclamation of 5 Geo. 5, c. 34 (Reg. 58D) ... 428
Index.
PAGE.
Sunday.
Killing of pheasants on prohibited (footnote (b) to Destruction of
Pheasants O., 1917 (No. 2) ) 325
Building and construction work prohibited (Appendix VI, 3) ... 479
Supplies Sub-committee under Agricultural Executive Com-
mittee (Art. 13 of Cultivation of Lands O., 1917 (No. 3) ; Memoranda
thereunder (3), III) 276,281
Appointment of clerk (Art. 3 of Order (No. 3)) ; Memoranda there-
under (3), IV) 275,285
Supply, maintenance, and Regulation of Supply of Food.
See FOOD SUPPLY.
Surveyors' Institution. Power taking effect Aug. 21, 1918, or on
termination of War for. President in default of agreement to
appoint person to make record of condition of land taken over by
Board of Agriculture and Fisheries (Corn Production Act, s. 9 (4) ) 218
Swedes.
Price of restricted to l\d. per Ib. (Swedes (Prices) O., 1917) 140
Enforcement, etc., of Controller's Orders by Local Authorities :
[This is now superseded by the new system under which Enforcement,
etc., is in the hands of the Pood Control Committees. See ADDENDA 1 603
Power for Local Authorities,
in E. to enforce, and prosecute under Swedes (Prices) Order,
1917 190,192
in S. to enforce Swedes (Prices) Order, 1917 ISg
Sweetmeats.
Retail price of, fixed (Sugar (Confectionery) O., 1917) 163
Swine. See PIGS.
Table Waters. See MINERAL WATERS.
Tallow, export of (Appendix VI, 7) 484
Tampering* with Notices. See NOTICES.
Tapioca.
Use or treatment of, for any purpose except for human food, prohibited
(Maize. Barley and Oats (Restriction) O., 1917) 43
Export of tapioca and tapioca flour (Appendix VI, 7) ... ... ... 484
Tea.
All tea sold by retail after July 1, 1917, to be sold nett weight and
in multiples of ounces or pounds : exception for quantities of
less than 2 oz. Any statement on wrapper, &c., as to weight to
be of true nett weight. No wrapper, &c., contravening this to
be affixed after May 1, 1917 (Tea (Nett Weight) O., 1917) ... 183
Maximum price (Tea (Provisional Prices) O., 1917) 184
The 90% Tea Control, 1917
(footnote (C) to (Tea (Provisional Prices) O., 1917) 184
Enforcement, etc., of Controller's Orders by Local Authorities :
[This is now superseded by tbe new system under which Enforcement,
etc.,i* in the hands of t ie Food Control Committees.] See ADDENDA 1, (JQ3
Power for Local Authorities,
in E. to enforce, and prosecute under :
Tea (Nett Weight) Order, 1917 IdO, 192
Tea (Provisional Prices) Order, 1917 ... 184, 192
in S. to enforce Tea ( Nett Weight) Order, 1917 196
Tea (Provisional Prices) Order, 1917 184
Export of tea prohibited (Appendix VI, 7) 484
Import of tea prohibited (Appendix VI, 12) 499
Tea Cake.
Making and sale of prohibited (Cake and Pastry O., 1917) 39
Index.
PAGE.
Tea Shops.
Rationing of, or minimum charge of 6c?., for meals between 3 p.m. and
6 p.m. (Cake and Pastry 0., 1917) 39
Tenancy. Determination of by Board of Agriculture and Fisheries
where land not cultivated so as to increase food supply (Reg. 2M
(1) (/) ; Art. 3 of Cultivation of Lands O., 1917 (No. 3) ) ... 271, 275
General Memorandum as to determination of tenancy 300
Form of Order employed in authorising landlord to determine
tenancy ... ... ... ... ... ... ... ... 301
Determination of tenancy in E. and W. where possession has been
taken of land 302
Future powers of English and Scottish Boards of Agriculture as to
determination of tenancy (Corn Production Act, s. 9 (3) ) 217
Conditions as to tenancy of acreage cultivated with hops not to oper-
ate where they impede compliance with Reg. 2NN (Reg. 2NX (2) ;
Memoranda thereunder, II) ... ... ... ... ... 316,317
Relief from certain liabilities arising from contract of tenancy (7 & 8
Geo. 5, c. 25, s. 2) 444
Tenure of Land.
Power for Boa> d of Agriculture and Fisheries to give up possession
of land taken by (Memoranda as to Cultivation of Land, III) ... 264
" Territorial waters " defined for purposes of :
Sea Fishing (E. and W.) Order, 1917 90
Sea Fishing (I.) Order, 1917 , 94
Provision by various International Conventions for exclusive right of
fishing within territorial waters ... ... footnote (d) to p. 91
Thatching-.
Memorandum advising the thatching of corn in Ireland 256
Theatre.
Excepted from provisions of Beer (Prices and Distribution) 0. ... 83
Thoroughbred Horse.
Defined for purposes of rationing (Horses (Rationing) O. (No. 2), 1917,
Art. 7) 62
Threshing*.
Memorandum advising the threshing of corn in Ireland 256
" Tidal waters " defined for purposes of Sea Fishing (E. and W.)
Order and Sea Fishing (I.) Order, 1917 90, 94
Tillage See COMPULSORY TILLAGE, IRELAND.
Timber (Home G-rown).
Sale or purchase of timber ; particulars of dealings (Appendix VI, 18) 508
General Restrictions on Exportation of (Appendix VI, 7) ... 484
Export of from Ireland to Great Britain (Appendix VI, 18) ... 508
Import of (Appendix VI, 12) .* 499
Time. Limitation of under Summary Jurisdiction Act, 1848, s. 11,
does not apply to proceedings under Regulation 56 (5) (Reg. 56 (5) )... 412
Tithe. Payment of tithe by Agricultural Executive Committee
for land taken under Cultivation of Lands Order, 1917 (No. 3)
(Memoranda thereunder (4) XI) 298
Tomatoes.
Export of prohibited (Appendix VI, 7) 484
Import of prohibited (Appendix VI, 12) 499
Town Councils. See BOROUGHS, MUNICIPAL, E. ; BURGH, S.
Towns.
Cultivation of town areas. See CULTIVATION OF LANDS.
Index.
121
Powers of Inspectors of Weights and Measures under Food Con-
troller's Orders. See INSPECTORS OF WEIGHTS AND MEASURES.
Weir. Opening of sluices. See DRAINAGE OF LAND.
Welsh Agricultural Council.
Constitution and functions
( footnote (c) to Cultivation of Lands O., 1917 (No. 3) ) 274
To nominate 2 members representing employers out of the 39 persons
on the Agricultural Wages Board (E. and W.) (Art. 4 of Regu-
lations under Corn Production Act, 1917) 239
Wether. See SHEEP.
Wheat
DEALINGS. Terms of trading fixed ; sales to be by weight (Grain
Prices) O., 1917) 49
EXPORT of wheat, wheat flour, and wheat meal prohibited to all
destinations (Appendix VI, 7) 484
Index.
PAGE.
Wheat continued.
Export of wheat restricted within U.K. (Wheat (Channel Islands
and Isle of Man Export) O., 1917) 66
FLOUR. See FLOUR.
MILLS. Flour mills used in making flour from wheat taken possession
of (Flour Mills Orders, 1917) 42,48
PRICE. Maximum price fixed by Food Controller for 1916 crop
(Wheat, Barley and Oats (Prices) O., 1917) 37
for 1917 crop (Grain (Prices) O., 1917) 49
Maximum price of imported nour to be price (if any) prescribed by
Royal Commission (Flour and Bread (Prices) O., 1917) 55
Minimum price of wheat fixed (Corn Production Act, a. 1-3) ... 210-212
Memorandum by Department of Agriculture and Technical Instruc-
tion for I., as to minimum and maximum prices for corn ... 251
ROYAL COMMISSION on Wheat Supplies. Particulars of beans, peas,
and pulse requisitioned to be furnished to (Beans, Peas, and
Pulse (Requisition) O., 1917) ... ... 25
Address of Royal Commission ... ... ... footnote (a) to p. 58
STRAW. See HAY AND STRAW.
USE. Feeding of game birds with wheat prohibited (Feeding cf Game O.,
1917) 31
Wheat to be used only for seed or flour ; wheaten flour to be used
for human food only ; damage or waste of wheat or wheaten
flour prohibited (Wheat, Rye and Rice (Restriction) O., 1917) ... 41
Memorandum as to stacking, thatching, and threshing in Ireland .... 256
Power for Local Authorities :
in E. to enforce, and prosecute under Wheat, Rye and Rice
(Restriction) Order, 1917 190, 192
in S. to enforce Wheat, Rye and Rice (Restriction) Order, 1917 196
Enforcement is now in hands of food committees. ADDENDA I. ... 603
Whiskey.
Prohibition on use of grain, rice, sugar or other material specified in
order for production of whiskey or other alcoholic spirits with-
out permit from Minister of Munitions (Reg. 30D) 408
[No Order extending Reg. 30D to other materials has (Oct. 21, 1917)
been made.]
See SPIRITS.
Wholesale defined for purposes of Sugar Order, 1917 (Art. 1 of that Order) 172
" Wholesale dealer" defined for purposes of Potatoes Order, 1917
(Art. 1 of that Order) 143
Wild Birds. See also GAME.
Power to authorise killing for food supply of migratory wild birds
in close season (Reg. 2R) 320,371,404
Close time for wild birds (footnote (a) to Reg. 2R (as applying to E and S.)) 320, 372
Wild Birds Protection Acts (footnote (a) to Reg. 2R as applying to E.) ... 322
Authorisation of killing and taking certain migratory wild birds
(O., July 30, 1917) 322
Wild Duck.
Feeding of grain to, prohibited (Feeding of Game O., 1917) 31
Wine.
Restrictions on delivery (Intoxicating Liquor (Output and Delivery) O.,
1917,PartII) 74
Treasury Rules as to " authorities " for delivery (Rules, March 29, 1917) 75
Prohibition on import (Appendix VI, 12) 499
Prohibition on export (Appendix VI, 7) 484
Winter Beans. See BEANS.
Winter Oats. See OATS.
" Without lawful Authority or excuse."
Burden of proving that act was done "with lawful authority" or
" with lawful authority or excuse " rests on person accused
(Reg.58B) 431
Lists of Regs, affecting food supply, making specific exception of
acts done with " lawful authority " or " lawful authority or
excuse" footnote (b ) to p. 43
Index.
PAGE.
Witness.
Summoning witness not within court's jurisdiction footnote (b) to p. 416
Women, members of
Agricultural Wages Board for E. and W. (Provisional Regs,, Art. 3) ... 239
Labour Sub-Committee under Agricultural Executive Committee
(Memoranda under Cultivation of Lands Order (No. 3), III (4) ) ... 281
Wood. See TIMBER.
Woodland. See HEATH.
Woods and Forests, Commissioners of. See COMMISSIONERS
OF WOODS AND FORESTS.
Wool (Home-G-rown).
Export of (Appendix VI, 7) 484
Sale of raw wool of 1917 clip (Appendh,: VI, 19) 509
Workers' Union to nominate two members representing workmen
out of the 39 persons on the Agricultural Wages Board (E. and W.)
(Art. 4 of Regulations under Corn Production Act, Pt. II) ... ... ... 239
Workmen.
Denned for purposes of Corn Production Act, 1917, as including
boys, women and girls (s. 17 (c) of that Act) 223
Minimum rate of wages fixed for agricultural employment ; com-
plaints as to wages to be made to Wages Board, q.v. ; appoint-
ment of officers to investigate complaints, &c. (Corn Production
Act, Part II and s. 14) 212,222
Workmen, England.
Establishment of Agricultural Wages Board in E. (Corn Production
Act, Pt. II) 212
Wages for agricultural workers in E. and W. (Memorandum under
Act) 234
Provisional Regulations as to constitution of Agricultural Wages
Board (E. and W.) 239
Duty to furnish information on cessor of agricultural employment of
male person of 16 years or over (Beg. 41AAA) 340
Information to be furnished to Agricultural Executive Committee
q.v. (Agricultural Employment O., 1917) 340
Workmen, Scotland.
Establishment of Agricultural Wages Committees in S.; constitution
and proceedings (Corn Production Act, Sch. II) 230
Memorandum by Board of Agriculture for S. as to :
Districts with which S. has been divided for purpose of constitu-
tion of District Committees 242
Duty to furnish information on cessor of Agricultural employment
of male person of 16 years or over (Reg. 41AAA) p ... 378
Agricultural Employment (Scotland) Order, 1917 (footnote (a) to
Beg.4lAAA) 378
Workmen, Ireland.
Establishment of Agricultural Wages Board for Ireland (Corn Pro-
duction Act, s. 8 (2) (ft) ) " 225
Provisional Regulations as to constitution and proceedings of Agricul-
tural Wages Board for I 246
Provisional Regulations as to constitution and proceedings of District
Wages Committees for 1 249
Wrapper on package of tea. See TEA.
See also PACKAGES.
Yeast.
Prohibition on export of (Appendix VI, 7) 484
import of (Appendix VI, 12) 499
Editorial Note of Addenda to Ministry of Food Parts of the
Manual.
603
ADDENDA
REGULATIONS AND ORDERS ISSUED
WHILST THIS MANUAL WAS IN THE
PRESS.
1. Parts I -III. Ministry of
Food, p. 603.
2. Part IV. Corn Production
Act, p. 605.
3. Part V. Board of Agricul-
ture and Fisheries, p. 616.
4. Part VI. Board of Agricul-
ture for Scotland, p. 629.
5. Part VII. Department of
Agriculture and Technical
Instruction for Ireland,
p. 630.
1. Parts I-III. -Ministry of Food.
EDITORIAL NOTE.
The number of New Orders made by the Food Controller during
the past months averages about one a day : consequently, any
collection of such Orders requires constant revision and supple-
mentation, for it is of necessity partially out of date before it
can be even got into type, and still more out of date before the
period required for the publication of a Manual embracing the
whole of the Food Supply and Production legislation has expired.
To meet these difficulties and the necessity for complete and
systematised Editions of the Food Controller's Orders being made
generally available, the following arrangements have been made.
New Editions of Part II. of this Manual, which comprises all
those Orders of the Controller as to particular articles of food
as were in force on October 21st last, will be periodically issued :
the first of these Editions containing the text of all such Orders
in force on January 31st, 1918, is now in the press. To bridge the
intervals between such Editions the text of Orders made in such
intervals will be issued as supplements to the National Food
Journal.
After the earlier portions of this Manual had been printed off
the arrangements for the enforcement of the Food Controller's
Orders were completely changed. Under the new system such
enforcement is throughout Great Britain in the hands of the local
Food Control Committees, and in Ireland in those of the general
Food Control Committee : the power of prosecuting for contra-
vention of the Controller's Orders is also vested in the Food Con-
trol Committees for England, Wales and Ireland. The former
system, under which both enforcement of, and as regards
England and Wales prosecutions under, certain Orders was vested
in the local authorities, and which was established by the Orders
604 Editorial Note of Addenda to Ministry of Food Parts of the
Manual.
forming Section 1 of Part III. of this Manual, continued con-
currently in force until December 31st, 1917, and then came to
an end. Thenceforward local authorities are not directly con-
cerned in these matters, save in so far as in England and Wales
they act for and by arrangement with a Food Committee. An
outline of the existing provisions as to Food Control Committees
and their powers and duties is given in Section II. 4 of the
Introductory Note to the present Manual.
The new Editions of Part II. of this Manual above referred to,
will contain an epitome of the provisions as to Food Control
Committees and as to Enforcement of, and Prosecutions under,
Orders of the Food Controller, and will also contain any varia-
tions of, or additions to, the powers conferred on the Controller
by the Defence of the Realm Regulations and will by these means
supplement and bring up to date all the " Ministry of Food "
Parts of the present Manual.
Alexander Pulling.
January 31, 1918.
Establishment and Constitution of District Wages Committees in 605
England and Wales.
2. Addenda to Part IV Corn Production Act.
(I.) Wages for Agricultural
Workers in England and
Wales, p. 605. "
(2.) Wages for Agricultural
Worker sin Ireland, p. 610.
(3.) Compulsory Tillage in
Ireland, p. 612.
(1.) Wages for Agricultural Workers in England
and Wales.
[These Addenda are supplemental to pp. 234-241 of this Manual.]
(i.) Central Board, p. 605.
(ii.) District Wages Committees,
p. 605.
(iii.) Definitions of Certain
Benefits, p. 608.
(i.) Central Board.
The Provisional Regulations of September 28th, 1917 (printed
pp. 239-241), as to the Constitution and Proceedings of the Agri-
cultural Wages Board (England and Wales) were made as
Statutory Rules (St. R. and 0., 1917, No. 1154) on November 8th,
1917.
(ii.) District Wages Committees.
[As to these Committees, see paragraphs 22-24 of the Explanatory
Memorandum of September, 1917, of the Board, printed
pp. 237, 238.]
THE DISTRICT WAGES COMMITTEES REGULATIONS, 1918, DATED
JANUARY 1, 1918, MADE BY THE BOARD OF AGRICULTURE AND
FISHERIES UNDER SECTION 12 or THE FIRST SCHEDULE TO THE
CORN PRODUCTION ACT, 1917 (7 & 8 GEO. 5, c. 46) (a), WITH
RESPECT TO THE ESTABLISHMENT AND CONSTITUTION OF DlS-
TRICT WAGES COMMITTEES AND THE DELEGATION OF POWERS
TO SUB-COMMITTEES.
1918. No. 35.
1. District Wages Committees shall as soon as practicable be
established by the Agricultural Wages Board for the whole of
England and Wales, and each such Committee shall act for such
area as the Wages Board shall determine and shall consist of :
(a) Representatives of local employers and workmen engaged
in agriculture in equal proportions, who are herein-
after referred to as " representative members."
(b) Additional members (hereinafter called "appointed
members ") up to a number not exceeding one-fourth
of the total number of members of the Committee.
At least one member of each District Wages Committee shall
be a woman.
(a) SCHEDULE I (12) OF THE ACT. This is printed p. 228.
Establishment and Constitution of District Wages Committees in
England and Wales.
2. Any appointed member of the Wages Board shall have the
right to attend any meeting of a District Wages Committee and
take part in the proceedings but without the power to vote unless
he is a member of the Committee.
3. When the Wages Board have determined the area for which
a District Wages Committee is to be established, they shall
furnish a statement thereof to the Board of Agriculture and
Fisheries, together with a statement of the number of repre-
sentative and appointed members, respectively, of which they
propose that the Committee shall consist.
4. The Board of Agriculture and Fisheries, after consideration
of the statements so furnished by the Wages Board shall deter-
mine the number of representative members and appointed
members of which the District Wages Committee shall consist
(excluding any additional representative members appointed
under Regulation 7).
The representative members shall be appointed by the Wages
Board and the appointed members shall be appointed by the
Board of Agriculture and Fisheries.
5. The Chairman and Deputy-Chairman of each District Wages
Committee shall be chosen from among the appointed members of
the Committee by the Board of Agriculture and Fisheries.
6. The Secretary of each District Wages Committee shall be
appointed from time to time by the Board of Agriculture and
Fisheries.
7. The Wages Board may, if they think it necessary or desirable
in order to secure proper representation of any class of employers
or workmen on a District Wages Committee, after giving the
Committee an opportunity to be heard, appoint persons to act
as additional representatives of local employers and workmen
engaged in agriculture in equal proportions to serve for such
period, not exceeding two years, as they may determine. The
total number of such additional representative members on any
Committee shall not exceed four.
8. Any member representing employers or workmen who by
reason of change of occupation, or otherwise, shall in the opinion
of the Wages Board cease to represent employers or workmen
respectively shall, if so required by the Wages Board, vacate his
seat.
9. Any representative member who, in the opinion of the
Wages Board, fails without reasonable cause to attend one-half
of the total number of meetings in a calendar year, shall vacate
his seat.
10. The Board of Agriculture and Fisheries may, in any case
wherein their opinion there is good and sufficient cause, terminate
the appointment of any appointed member of a District Wages
Committee.
The Wages Board may, in any case where in their opinion there
is good and sufficient cause, terminate the appointment of any
representative member of a District Wages Committee.
Establishment and Constitution of District Wages Committees in 607
England and Wales.
11. Subject to the provisions of these Regulations, the term of
office of a member of a District Wages Committee shall be two
years : provided that
(a) any member may retire by notice in writing to the Secre-
tary of the Committee ;
(6) a member appointed to fill a casual vacancy shall act
only for the unexpired portion of the term of office of
his predecessor; and
(c) a member whose term of office expires shall continue to
act as a member until a successor is appointed.
12. Any person vacating his seat on a District Wages Com-
mittee shall be eligible to be re-appointed as a member of the
Committee.
13. A vacancy among representative members on a District
Wages Committee shall be filled by appointment by the Wages
Board of a representative of employers engaged in agriculture
or a representative of workmen engaged in agriculture, as the
ease may be.
A vacancy among appointed members on a District Wages
Committee shall be filled by appointment by the Board of Agri-
culture and Fisheries.
14. Every member of a District Wages Committee shall have
one vote. If, at any meeting of a Committee, the number of
members present representing employers and workmen, respec-
tively, is unequal, it shall be open to the side which is in the
majority to arrange that one or more of their members shall
refrain from voting so as to preserve equality. Failing such an
arrangement the Chairman of the meeting may, if he thinks it
desirable, adjourn the voting on any question to a subsequent
meeting of the Committee.
15. In order to constitute a meeting of a District Wages Com-
mittee, the Chairman or Deputy-Chairman or some other ap-
pointed member of the Committee selected in writing by the
Chairman to preside at such meeting must be present, and the
members present must be at least one-third of the whole number
of members of the Committee.
16. When a District Wages Committee is authorised by the
Wages Board to delegate any powers to a sub-committee, a sub-
committee appointed by the District Wages Committee for such
purpose shall consist of one or more representatives of employers
and one or more representatives of workmen on the Wages Com-
mittee in equal proportions, together with such one or more of
the appointed members of the Wages Committee as may be
selected by the Wages Committee. The term of office of a
member of a sub-committee shall be such period, not exceeding
one year, as the Wages Committee may determine.
IT. Any appointed member of the Wages Board shall have
the right to attend any meeting of a sub-committee of a District
Wages Committee and take part in the proceedings, but without
the power to vote, unless he is a member of the sub-committee.
18. Where a District Wages Committee delegate any of their
powers to a sub-committee the District Wages Committee may
Definitions as regards England and Wales of certain Benefits or
Advantages and other matters connected with Agricultural
Wages.
direct that the exercise of the powers by the sub-committee shall
be subject to such conditions as to appeal to them from the
decision of the sub-committee, or otherwise, as the District Wages
Committee may think desirable, and except and in so far as the
District Wages Committee with the consent of the Wages Board
shall otherwise direct, the following condition shall apply, that
is to say, any decision by the sub-committee shall be reported as
soon as may be to the District Wages Committee, who may vary
or annul the decision but not so as to affect or prejudice anything
done or suffered under or by reason of the decision of the sub-
committee before it is varied or annulled.
19. The proceedings of a District Wages Committee or sub-
committee shall not be invalidated by any vacancy in their
number or by any defect in the appointment of any member.
20. The expressions " agriculture " and " workmen " in these
Regulations shall have the meanings given in Section 17 (1) of
the Corn Production Act, 1917. (a)
21. Any question upon the construction or interpretation of
these Regulations shall in the event of dispute be referred to the
Board of Agriculture and Fisheries for decision.
22. These regulations may be cited as the District Wages
Committees Regulations, 1918.
Given under the Official Seal of the Board of Agriculture
and Fisheries, this first day of January in the year one
thousand nine hundred and eighteen.
(L.S.) A. D. Hall,
Secretary.
(iii.) Definitions of Certain Benefits.
THE AGRICULTURAL WAGES REGULATIONS, 1918, DATED JANUARY
22, 1918, MADE BY THE BOARD OF AGRICULTURE AND FISHERIES
WITH RESPECT TO THE DEFINITION BY THE AGRICULTURAL
WAGES BOARD OF CERTAIN BENEFITS OR ADVANTAGES AND
MATTERS CONNECTED WITH AGRICULTURAL WAGES UNDER
SECTION 12 (1) (6) AND (c) OF THE CORN PRODUCTION ACT,
1917 (7 & 8 GEO. 5, c. 46). (b)
1918. No. 87.
1. The Agricultural Wages Board shall, except in any case
where the Board of Agriculture and Fisheries on the application
of the Agricultural Wages Board by general or special order
otherwise direct, by Order
(a) define the benefits or advantages (not being benefits or
advantages prohibited by law) which may be reckoned
(a) SECTION 17 (1) OF THE ACT. This is printed p. 223.
(b) SECTION 12 (1) (&), (c) OF THE ACT. Section 12 is printed p. 221.
Definitions as regards England and Wales of certain Benefits or 609
Advantages and other matters connected with Agricultural
Wages.
as payment of wages in lieu of payment in cash for
the purposes of any minimum rate of wages fixed under
the Corn Production Act, 1917, and the value at which
they are to be so reckoned for such purposes ; and
(6) define for the purpose of the application of any differ-
ential rate of wages for overtime fixed under the said
Act the employment which is to be treated as overtime
employment.
2. The Agricultural Wages Board shall have power by Order
to limit or prohibit the reckoning of benefits or advantages as
payment of wages in lieu of payment in cash for the purposes of
any minimum rate of wages fixed under the Corn Production
Act, 1917.
3. Any Order under the preceding regulations may be made so
as to apply universally to workmen employed in agriculture, or
to any special class of workmen so employed, or to any special
area, or to any special class in a special area, subject in each
case to any exceptions prescribed by the Order.
4. (1) Before making any Order the Agricultural Wages Board
shall give notice of the Order which they propose to make and
consider any objections to the proposed Order which may be
lodged with them within one month ; provided that the Board of
Agriculture and Fisheries, on the application of the Agricultural
Wages Board made 011 the ground of the limited application of a
proposed Order, may exempt the proposed Order from these
provisions and authorise the Wages Board to make the Order at
the expiration of seven days after service of Notice of the proposed
Order on the persons affected by the Order.
(2) Notice of a proposed Order and of an Order when made
shall be given by the Board in such manner as they think fit
with a view to bringing the Order, so far as practicable, to the
knowledge of the persons affected by the Order.
5. The Agricultural Wages Board may, if they think it expe-
dient, cancel or vary any Order made by them, and shall
reconsider any such Order if the Board of Agriculture and
Fisheries direct them to do so, and the provisions of these regula-
tions as to notice shall apply in the case of the cancellation or
variation of an Order in the same manner as they apply in the
case of the making of an Order.
6. The Agricultural Wages Board shall have power on the
application of any employer or workman to determine any
question which may arise
(a) as to the value of any benefits or advantages reckoned as
payment of wages in lieu of payment in cash for the
purposes of any minimum rate of wages fixed under
the Corn Production Act, 1917 ; or
(6) as to any contract of employment so far as the applica-
tion of the provisions of the said Act thereto is
concerned.
3167 TJ
610 Definitions as regards England and Wales of certain Benefits or
Advantages and other matters connected with Agricultural
Wages.
7. The expressions " agriculture," " workmen " and " employ-
ment ' ' in these regulations have the same meanings as in
Section 17 of the Corn Production Act, 1917, and any Notice
required by these Regulations to be given to any person may be
given by leaving it for him at his last known place of abode or
by sending it through the post in a registered letter addressed to
him there. Where the notice is required to be given to a body
corporate or incorporate the notice may be given to the Secretary
or some other officer of the body.
8. Any question upon the construction or interpretation of
these regulations shall in the event of dispute be referred to the
Board of Agriculture and Fisheries for decision.
9. These regulations may be cited as the Agricultural Wages
Regulations, 1918.
Given under the Official Seal of the Board of Agriculture and
Fisheries this twenty-second day of January in the year
Nineteen hundred and eighteen.
(L.S.) A. D. Hall,
Secretary.
(2.) Wages for Agricultural Workers in Ireland.
PROVISIONAL REGULATIONS, DATED DECEMBER 5, 1917, MADE BY THE
DEPARTMENT or AGRICULTURE AND TECHNICAL INSTRUCTION,
IRELAND (HEREINAFTER CALLED " THE DEPARTMENT") WITH
RESPECT TO THE DEFINITION BY THE AGRICULTURAL WAGES
BOARD FOR IRELAND OF CERTAIN BENEFITS OR ADVANTAGES AND
MATTERS CONNECTED WITH AGRICULTURAL WAGES UNDER
SECTION 12 (1) (6), (c) OF THE CORN PRODUCTION ACT, 1917
(7 &8GEO. 5, c. 46). (a)
1. The Agricultural Wages Board shall by Order
(a) define the benefits or advantages (not being benefits or
advantages prohibited by law) which may be reckoned
as payment of wages in lieu of payment in cash for
the purposes of any minimum rate of wages fixed
under the Corn Production Act, 1917, and the value
at which they are to be so reckoned ;
(6) define, for the purposes of the application of any differen-
tial rate of wages for overtime fixed under the said
Act, the employment which is to be treated as over-
time employment.
(a) SECTION 12 (1) (&) (c) OF THE ACT. Section 12 is printed p. 221.
Definitions as regards Ireland of certain Benefits or Advantages
and other matters connected with Agricultural Wages.
2. The Agricultural Wages Board shall Jiave power by Order
to limit or prohibit the reckoning of benefits or advantages as
payment of wages in lieu of payment in cash for the purposes
of any minimum rate of wages fixed under the Corn Production
Act, 1917.
3. Any Order under the preceding regulations may be made so
as to apply universally to workmen employed in agriculture, or
to any special class of workmen so employed, or to any special
area, or to any special class in a special area, subject in each
case to any exceptions prescribed by the Order. Any such Order
may (if thought fit) be made as part of any Order fixing a
minimum wage.
4. Before making any Order the Agricultural Wages Board
shall give notice of the Order which they propose to make, and
consider any objections to the proposed Order which may be
lodged with them within one month. Notice of a proposed Order
and of an Order when made, shall be given by the Board in such
manner as they think fit with a view to bringing the Order, so
far as practicable, to the knowledge of persons affected.
Provided that in any case in which the Department of Agri-
culture and Technical Instruction for Ireland, on the application
of the Agricultural Wages Board, shall allow, on the ground of
the limited application of an Order made under paragraph 1 or
2 of these Regulations, these provisions as to Notice may be dis-
pensed with, and the Order made to come into operation seven
days after Notice served on the persons affected thereby.
5. The Agricultural Wages Board may, if they think it
expedient, cancel or vary any Order made by them (and shall
reconsider any such Order if the Department of Agriculture and
Technical Instruction for Ireland direct them to do so), and the
provisions of these Regulations as to Notice shall apply where
it is proposed to cancel or vary an Order in the same manner
as they apply where it is proposed to make an Order.
6. The Agricultural Wages Board shall have power on the
application of any employer or workman to determine any ques-
tion which may arise
(a) as to the value of any benefits or advantages reckoned
as payment of wages in lieu of payment in cash, for
the purposes of any minimum rate of wages fixed
under the Corn Production Act, 1917 ; or
(6) as to any contract of employment, so far as the applica-
tion of the provisions of the said Act thereto is
concerned ;
(c) no such determination shall be made without notice pre-
viously given to the employer or workman affected
thereby.
7. The expressions " agriculture," " workmen," and " em-
ployment " in these Regulations have the same meanings as in
Section 17 (1) of the Corn Production Act, 1917. (a)
8. Any question upon the construction or interpretation of
these Regulations shall, in the event of dispute, be referred to
(a) SECTION 17 (1) OF THE ACT. This is printed p. 223.
3167 U2
612 Compulsory Tillage in Ireland.
the Department of Agriculture and Technical Instruction for
Ireland for decision.
9. In pursuance of the provisions of Part II. of the Corn
Production Act, 1917, and of Section 2 of the Rules Publication
Act, 1893, the Department of Agriculture and Technical Instruc-
tior for Ireland hereby certify that on account of urgency the
foregoing Regulations should come into immediate operation;
and accordingly the Department make these Regulations to come
into operation forthwith as Provisional Regulations.
Given under the Official Seal of the Department this fifth
day of December in the year One Thousand Nine Hundred
and Seventeen.
T. P. Gill,
Secretary.
(3.) Compulsory Tillage in Ireland.
fSection 1 of the Third Schedule to the Corn Production Act,
1917, under which the two following Orders were made is printed
at p. 231.]
THE TILLAGE (IRELAND) GENERAL ORDER, 1918, DATED NOVEMBER
2, 1917, MADE BY THE DEPARTMENT OF AGRICULTURE AND
TECHNICAL INSTRUCTION FOR IRELAND UNDER SECTION 1 OF
THE THIRD SCHEDULE TO THE CORN PRODUCTION ACT, 1917
(7&8GEO. 5, c. 46).
1917. No. 1125.
The Department of Agriculture and Technical Instruction for
Ireland, by virtu and in exercise of the powers vested in them
under the Corn Production Act, 1917, and of every power in that
behalf enabling them do Order, and it is hereby ordered as
follows :
1. Subject to the exceptions set forth in the Schedule to this
Order the minimum tillage portion in the year 1918 of every
holding in Ireland shall be as follows :
(a) If no part of the holding was cultivated in the year 1916,
a portion equivalent in extent to fifteen per cent, of
of the area of the holding.
(6) If any part of the holding was cultivated in the year 1916
a portion equivalent in extent to the part so cultivated
and fifteen per cent, of the area of the holding in
addition, or to fifty per cent, of the area of the holding,
whichever is the less.
Provided that in the case of a holding part of which is
excepted from the Provisions of this Order, the area of the hold-
ing for the purpose of calculating the minimum tillage portion
shall be taken to be the actual area less the area of the excepted
part of the holding.
2. Any application to the Department of Agriculture and
Technical Instruction for Ireland for a declaration that a hold-
ing or portion thereof is excepted from the provisions of this
Compulsory Tillage in Ireland.
Order by reason of the holding or portion thereof being required
for any of the purposes set forth in clause 2 of the Schedule to this
Order shall be made by the occupier of the holding on the
prescribed form on or before the 15th day of December, 1917, and
shall set out such particulars as may be prescribed of the lands
held by the occupier in Ireland, the manner in which the holding 1
is used or proposed to be used, and the grounds of the application.
No such application will be considered unless it is made on the
prescribed form and this form will be issued only on the direct
request of the intending applicant or his agent and upon
submission of prima facie evidence of his right to obtain it.
Any declaration under this Order, obtained by any false state-
ment or misrepresentation shall be invalid.
3. Any declaration made by the Department of Agriculture
and Technical Instruction for Ireland under sub-section 3 ('&)
of Regulation 2p of the Defence of the Realm Regulations
exempting from the requirements of that Regulation any class of
holdings or any particular holding or any portion of a holding
by reason of same having been used in 1917 for any of the
purposes specified in clause 2 of the Schedule to this Order shall
in itself and without any declaration under clause 2 of this Order
be sufficient evidence that such class of holdings or particular
holding or portion of a holding is excepted from the provisions
of this Order. *
Provided that this clause shall not apply in the case of any
holding which is not used in the year 1918. in the same manner
as it was used in the year 1917 or in the case of any holding the
occupier of which has been or is notified prior to the 31st day of
January, 1918, in writing by the Department of Agriculture and
Technical Instruction for Ireland that the aforesaid declaration
made under Regulation 2p of the Defence of the Realm Regula-
tions is not to be regarded as excepting the holding or any portion
thereof from the provisions of this Order.
4. For the purposes of this Order:
The term " holding " shall have the same meaning as it
has in the Third Schedule to the Corn Production Act, 1917.
The term " prescribed " shall mean prescribed by the
Department of Agriculture and Technical Instruction for
Ireland.
Where the occupier of any holding is a Company, Club
or other association the application or declaration may be
made by their Chairman, Secretary or duly authorised agent,
and any notification sent to the Chairman, Secretary or agent
of such Company, Club or other association shall be sufficient
for the purposes of this Order.
5. This Order may be cited as the Tillage (Ireland) General
Order, 1918.
In Witness whereof the Department of Agricultuie and
Technical Instruction for Ireland have hereunto set their
official seal this second day of November, 1917.
(L.S.) T. P. Gill,
Secretarv.
Compulsory Tillage in Ireland,
Schedule.
EXCEPTIONS.
1. Any holding of less than ten statute acres in extent.
2. Any holding or any portion of a holding in regard to which
the Department are satisfied that the land comprised therein :
(a) has been required and regularly used in the year 1917
and is required in the year 1918 for the grazing of
milch cows the milk of which is used as whole milk
for human consumption ; or for the production of hay
as food for such cows ; or for both these purposes ; or
(b) is required in the year 1918 for the carrying on of an
industry other than agriculture and that its use for the
aforesaid purpose would be of greater service in
national interests than its cultivation ; or
(c) has been required and regularly used in the year 1917 and
is required in the year 1918 for the accommodation for
periods not exceeding ten days at a time of stock
intended for disposal at auctions, fairs or markets, or
for shipment, or for the accommodation, as afore-
said, of stock held over from auctions, fairs or
markets ; or
(d) has been required and regularly used in the year 1917
and is required in the year 1918 for the accommoda-
tion of cattle or sheep intended for slaughter within
fifteen days of their being accommodated on the hold-
ing; or
(c) has been required and regularly used in the year 1917 and
is required in the year 1918 for the maintenance of
a stud of high-class thoroughbred horses; or
(/) has been regularly used in the year 1917 as the track of
a racecourse or as a paddock, ring or other enclosure
adjacent to the stand or stands of a racecourse
and is so required in 1918 ;(a) or
(g) has been regularly used by an agricultural or industrial
Society as their Show grounds and is required for this
purpose in the year 1918 ; or
(h) is required in the year 1918 for naval or military pur-
poses.
3. Any holdings or class of holdings in respect of which the
Department of Agriculture make a special Order prescribing the
minimum tillage portion of such holding or class of holding, (a)
(a) RACECOURSES AND GOLF COURSES. As to these see the Tillage (Ireland)
Racecourses and Golf Links Order, 1918, printed below.
Compulsory Tillage in Ireland.
THE TILLAGE (IRELAND) RACECOURSES AND GOLF LINKS ORDER,
1918, DATED NOVEMBER 2, 1917, MADE BY THE DEPARTMENT
OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND
UNDER SECTION 1 OF THE THIRD SCHEDULE TO THE CORN PRO-
DUCTION ACT, 1917 (7 & 8 GEO. 5, c. 46).
1917. No. 1126.
The Department of Agriculture and Technical Instruction for
Ireland, by virtue and in exercise of the powers vested in them
under the Corn Production Act, 1917, and of every power in
that behalf enabling them do Order, and is is hereby ordered
as follows :
1. The minimum tillage portion in the year 1918 of every
holding to which this Order applies shall be as follows :
(a) If the holding is used as an enclosed racecourse ten per
cent, of the area of such portion of the holding as
is not used as the racing track or as a paddock,
ring or other enclosure adjacent to the stand or stands.
(b) If the holding is used as golf links ten per cent, of the
area of the holding.
Provided that if portion only of the holding is used as an
enclosed racecourse or as golf links the foregoing provisions
shall apply only to the portion so used and the provisions of the
Tillage (Ireland) General Order, 1918, shall apply to the
remainder of the holding.
2. The holdings to which this Order applies are as follows :
(a) Any holding of not less than ten statute acres in extent
the whole or portion of which has been enclosed for
the purpose of a racecourse and in the year 1917 has
been used for this purpose and is so used in the year
1918.
(b) Any holding of not less than ten statute acres in extent
the whole or portion of which has been regularly used
in the year 1917 as golf links and is so used in the
year 1918.
3. For the purposes of this Order the terms "holding" shall
have the same meaning as it has in the Third Schedule to the
Corn Production Act, 1917.
4. This Order may be cited as the Tillage (Ireland) Racecourses
and Golf Links Order, 1918.
In Witness whereof the Department of Agriculture and
Technical Instruction for Ireland have hereunto set their
official seal this second day of November, 1917.
(L.S.) T. P. Gill,
Secretarv.
Addenda to Part V. Board of Agriculture and Fisheries.
3. Addenda to Part V. Board of Agriculture and
Fisheries.
(1.) Introductory Note, p. 616.
(2.) Cultivation of Lands Order,
1918, p. 617.
(3.) Regulation 2M of the Defence
oj the Realm Regulations
so far as applying to
England and Wales, as
amended to January 31,
1918, p. 620.
(4.) Circular to Agricultural
Executive Committees ac-
companying the^ 1918
Order, p. 624.
(5.) Cultivation of Lands ( County
Boroughs] Order, 1917,
p. 627.
(6.) Regulation 2NN of the De-
fence of the Realm Regu-
lations as amended to
January 31, 1918, p. 628.
(1.) Introductory Note.
Additional powers required for the furtherance of food produc-
tion have been conferred upon the Board of Agriculture and
Fisheries by amendments of Regulation M made since the earlier
Parts of this Manual were printed. Other amendments to this
Regulation had been made from time to time since the date of the
Cultivation of Lands Order, 1917 (No. 3) (printed pp. 273-276) ; and
by an Order of January llth, 1918, the Board have consolidated all
the orders which have previously been made delegating to Agricul-
tural Executive Committees the powers conferred upon the Board
by Regulation 2M into a single Order entitled the Cultivation of
Lands Order, 1918. This Order is printed as (2) below; it super-
sedes the Cultivation of Lands Order, 1917 (No. 3) (pp. 273-276)
(which itself superseded the first Cultivation of Lands Order, 1917)
and the two Drainage of Lands Orders of 1917 (pp. 307, 308, 313).
The Cultivation of Lands (County Boroughs) Order, 1917 (printed
as (5) below), which deals with powers under other
Regulations besides Regulations 2M is not affected. The
present Order confers certain additional powers upon Agri-
cultural Executive Committees, and does not revoke any
of their existing powers, except by a limitation of the
power of taking possession of inhabited dwelling houses. The
whole of Regulation 2n, so far as it applies to England and Wales,
is printed as (3) below. But the powers given in Paras (eee), (/),
(&), (Z), (ra), (n) and (o) of Section (1) are not delegated to
Executive Committees ; these paragraphs are distinguished by a
black line in the margin.
The 1918 Order was accompanied by a Circular by the Food
Production Department of the Board to Agricultural Executive
Committees : that Circular so far as not embodied in this Intro-
ductory Note is printed as (4) below.
For Regulation 2NN relating to the reduction of acreage under
hops in England and Wales as printed at p. 316 of this Manual
a new Regulation has been substituted which as amended to
January 31st, 19.18, is printed as (6) of these Addenda.
Cultivation of Lands Order, 1918, relating to Agricultural
Executive Committees in England and Wales.
(2) Cultivation of Lands Order, 1918.
THE CULTIVATION OF LANDS ORDER, 1918, DATED JANUARY 11,
1918, MADE BY THE BOARD OF AGRICULTURE AND FISHERIES
UNDER REGULATION 2n OF THE DEFENCE OF THE REALM
REGULATIONS.
1918. No. 27.
Whereas under Regulation 2M of the Defence of the Realm
Regulations (which so far as the same is applicable to England
and Wales, is set out at the foot of this Order), the Board of
Agriculture and Fisheries (hereinafter referred to as " the
Board ") are empowered, after such consultation with the Food
Controller as may be arranged, to exercise certain powers with
a view to maintaining the food supply of the country, and to
authorise any person, or any body constituted by the Board for
the purpose, to exercise on behalf of the Board the powers con-
ferred on the Board by Regulation M, and to prescribe the
procedure of any such body and the authentication of any notice
or other instrument issued by any body or person so authorised.
And whereas the Board, after consultation with the Food Con-
troller, are of opinion that for the purpose aforesaid such Order
as is herein contained should be made.
Now the Board of Agriculture and Fisheries do hereby order
as follows :
1. The persons who are for the time being appointed by a
county council of an administrative county to act as members of
the War Agricultural Committee for the county are hereby re-
constituted as the body to exercise in manner herein provided
such of the powers conferred on the Board by Regulation 2M as
are hereby authorised to be so exercised.
2. The body hereby re-constituted shall maintain an executive
committee consisting (1) of members appointed by the said body,
not less than four nor more than seven in number, unless the
Board otherwise direct, and (2) of additional members appointed
by the Board. In the case of a county in Wales (including
Monmouthshire), two of the members so appointed by the body
hereby re-constituted shall be the members representing the
council of the county on the Welsh Agricultural Council. If
any vacancy occurs among those members of an executive com-
mittee who are appointed by the body hereby re-constituted, the
executive committee may appoint any person to fill the vacancy
so arising.
3. (1) The body hereby re-constituted for a county, acting
through the executive committee, may on behalf and at the
expense of the Board, but subject to such directions as to
approval of expenditure or otherwise as may from time
to time be given by the Board, and subject also to
the restrictions imposed by this section, exercise within
^18 (' id fi ration of Lands Order, .1918, relating to Agricultural
Executive Committees in England and Wales.
the county any of the powers of the Board under Regula-
tion 2u (except the powers conferred by paragraphs (eee),
(/), W, (1), ()> ( n ) an d (o) of Section (1) of that Regulation)
and appoint such officers and incur such expenses as the com-
mittee may consider necessary or expedient for such purposes ;
provided always that
(a) the committee shall not enter on or take possession of
any common land as defined by this Order, or take
possession of any inhabited dwelling-house, without a
further consent given by the Board ; and
(b) where any notice is served under the powers contained in
paragraph (i) of section (1) of the Regulation such
notice shall contain a provision to the following
UG'CTJ ""
This notice shall take effect at the expiration of
seven days from the date of service hereof, unless
before such expiration notice of appeal to the Board
of Agriculture and Fisheries is given in writing to
the Secretary to the War Agricultural Executive
Committee, and in the event of any such appeal this
notice shall take effect on such date (if any) as the
Board shall determine after considering the appeal.
(2) The rights of any person dealing with the committee shall
not be affected by any question as to compliance by the committee
with any directions so given by the Board to the committee, or
the requirement of consent in the case of common land or an
inhabited dwelling-house.
4. An executive committee shall from time to time report
their proceedings to the body re-constituted by this Order for the
county, but the acts of the committee shall not be subject to
confirmation by that body.
5. A member of an executive committee shall not take part in
any decision of the committee which relates to land of which he
is the owner or occupier, or the agent of the owner or occupier,
or enter into any contract with the committee, unless such con-
tract has been approved by the Board.
6. Accounts shall be kept by an execy'Uve committee of their
receipts and expenditure and be open to inspection by any officer
of the Boaid and those accounts shall be made up and audited
in such manner as the Board shall direct.
7. An executive committee shall appoint a chairman of the
committee. At any meeting at which the chairman is not present
a person appointed by the meeting shall be entitled to act as
chairman of the committee. At any meeting of an executive
committee the chairman shall, in case of an equal division of
votes, have a second or casting vote.
8. The quorum proceedings and place of meeting of an execu-
tive committee shall be such as the committee determine.
9. The proceedings of an executive committee shall not be
invalidated by any vacancy among its members, or by any
defect in the appointment or qualification of any of its members.
Cultivation of Lands Order, 1918, relating to Agricultural 619
Executive Committees in England and Wales.
10. Minutes of the proceedings of an executive committee shall
be kept in a book provided for that purpose and a minute of
those proceedings signed at the same or the next ensuing meeting
by a person describing himself as, or appearing to be, chairman
of the meeting at which the minute is signed shall be received
in evidence without further proof.
11. Any notice, direction or other instrument signed by a
person describing himself as, or appearing to be, chairman of an
executive committee shall be received in evidence without further
proof as a notice, direction or instrument issued by the executive
committee.
12. Until the contrary is proved an executive committee shall
be deemed to have been duly constituted.
13. An executive committee may, subject to any directions
given by the Board, appoint such sub-committees as the com-
mittee thinks fit. A sub-committee may consist either wholly or
partly of persons not being membeis of the executive committee.
14. In this Order, the expression " common land " includes
any land subject to be enclosed under the Inclosure Acts, 1845 to
1882, and any town or village green and any other land subject
to any right of common.
15. The Cultivation of Lands Order, 1917 (No. 3), the Drain-
age of Lands Order, 1917, and the Drainage of Lands Order, 1917
(No. 2), are hereby revoked, (a) but so that such revocation shall
not affect the previous operation of any such Order or anything
done under it, or affect any right or liability acquired or incurred
under any such Order and any reference in any document to any
Order hereby revoked or to any body constituted by any such
Order shall be considered as a reference to this Order or to the
body reconstituted by this Order.
16. This Order applies only to administrative counties in
England and Wales.
17. This Order may be cited as the Cultivation of Lands Order,
1918.
In witness whereof the Board have heieunto set their
Official Seal this eleventh day of January, nineteen hundred
and eighteen.
(L.S.) F. L. C.Floud,
Assistant Secretary.
(a) REVOKKD OKDEKS. These Orders are printed at pp. 273-276, 307, and
313 respectively.
620 Regulation SM of the Defence of the Realm Regulations as
amended to January olst, 1918, so far as applying to
England and Wales.
(3.) Regulation 2M in 1918 form.
REGULATION M OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED TO JANUARY 31ST, 1918, SO FAR AS APPLYING TO
ENGLAND OR WALES.
[NOTE. Those paragraphs containing 1 powers which are not delegated
to Agricultural Executive Committees are indicated by a black line
in the margin.]
2M. (1) Where the Board of Agriculture and Fisheries, after
such consultation with the Food Controller as may be arranged,
are of opinion that, with a view to maintaining the food supply
of the country, it is expedient that they should exercise the powers
given to them under this regulation, the Board may
(a) enter on and take possession of any land which in
their opinion is not being so cultivated as to increase, as far
as practicable, the food supply of the country, and, after
entry thereon, do all things necessary or desirable for the
cultivation of the land or for adapting it for cultivation ; and
for such purposes enter on and take possession of any build-
ings on the land or convenient for such purposes ; and
(b) take possession of any machinery, implements of
husbandry or plant (other than machinery, implements or
plant in the possession or under the control of a dealer or
manufacturer), or any farm produce, stock, or animals,
which, in the opinion of the Board, are required for the
cultivation of land or the increase of the food supply of the
country ; and
(c) provide accommodation for persons, machinery,
implements of husbandry or plant, farm produce, stock or
animals, employed or used by the Board for the cultivation
of land or the increase of the food supply of the country,
by taking or retaining possession of any land or buildings;
and
(d) utilise any water supply or motive power for any
such purposes; and
(e) by notice served on the occupier of any land require
him to cultivate the land in accordance with such require-
ments as the Board may think necessary or desirable for
maintaining the food supply of the country and may prescribe
in the notice ; and
(ee) by notice served on the occupier of any land require
him in accordance with the terms of the notice to adapt the
land for cultivation by repairing or removing any hedge or
fence on the land, or by clearing or repairing any ditch or
drain, whether natural or artificial, by which the land is
capable of being drained; and
(eee) by order, applicable generally or to any specified!
area, and published in such manner as the Board may con-J
sider to be best adapted for informing persons thereby*
Regulation 2n of the Defence of the Realm Regulations as 62'
amended to January 31st, 1918, .90 far as applying to
England and Wales.
affected, prohibit or regulate the use of land for the cultiva-
tion of any crop specified in the order and by any such order
require the ploughing up within such time as may be specified
in the order of any land in use at the date thereof for the
cultivation of any such crop ; and
(/) by notice served on the tenant of any land which or
part of which, in the opinion of the Board, is not being so
cultivated as to increase as far as practicable the food supply
of the country, determine his tenancy of the land on such
date as may be specified in the notice, or, on the application
of the landlord by order authorise him in any such case to
determine the tenancy in accordance with the terms of the
order ; and
(g) after entry on any land arrange for its cultivation
by any other person whether by contract of tenancy or other-
wise ; and
(h) where, in the opinion of the Board t any land is
injured or is likely to be injured by any such neglect on the
part of the proprietor or occupier of any other land in relation
to the maintenance of banks or the cleansing of channels as
is mentioned in section fourteen of the Land Drainage Act,
1847, and subject to, and after the expiration of seven days
from, the service of such notice as is required by that section,
exercise such powers of executing all necessary works and
recovering the expenses thereof as are by that section con-
ferred on the proprietor or occupier of any land which is
injured by any such neglect, and for any such purpose to
enter -on any land without any warrant or authority ; and
(i) by notice served on the occupier or person in control
of any dam, mill, lock, sluice, weir, or other structure affect-
ing the flow of water in any river or stream require such
occupier or person ito keep open or closed any mechanical
appliance by which the inflow or outflow of water is capable
of being regulated during such times and in such manner
as the Board, having regard to the use by such occupier or
person of the structure and of the water thereby impounded,
consider to be necessary or desirable for the prevention of
floods or for the draining of land adjoining or near the river
or stream ; and
(;') where, in the opinion of the Board, any land is
injured or likely to be injured by flooding or inadequate
drainage which might be remedied wholly or partially by the
exercise of powers which are conferred by any general or
local Act, or by an award made under any Act, or by any
Commission of Sewers, and which are not being exercised,
or in the opinion of the Board are being insufficiently
exercised, exercise any such power and also any power con-
ferred by any such Act or award or commission for defraying
Regulation 2M of the Defence of the Realm Regulations as
amended to January %\st, 1918, so far as applying to
England and Wales.
the expenses so incurred or for any purpose incidental to the
exercise of any such power; and
(k) enter on or take possession of any dam, mill, lock
sluice, weir, or other structure affecting the flow of water in
any river or stream, and remove or repair or alter or maintain
and use the same where such action is in the opinion of the
Board necessary or desirable for the prevention of floods or
for the drainage of agricultural land ; and
(I) for the purpose of removing any obstruction to or
otherwise improving the flow of water in any river or stream,
or maintaining or improving the banks of any river or
stream or any sea defence or drainage outfall, enter on
the river or stream or any land adjoining or near the river,
stream, defence, or outfall ; and
(m) where any expenses are incurred by the Board in the
exercise of any of their powers under paragraphs (k) or (I) of
this regulation, recover those expenses, so far as they are
directly attributable to the default of any person in carrying
out his obligations under statute or otherwise, from that
person ; and
(n) on the application of any drainage authority
empowered by a local Act to levy rates to a limited amount,
by order increase the amount that may be so levied ; and
(o) by notice served on the occupier of any agricultural
land or the person having the management of any such land
require him to make within such time and in such form and
to such person as the notice may prescribe a return in writing
with respect to the cultivation of the land or the crops .or
live-stock thereon or any other matter as to which the Board
may desire information for the purpose of the proper exercise
of their powers under this regulation, but so that no such
return or any part thereof shall be published or disclosed
except for the purposes of a prosecution under this regu-
lation.
(2) An occupier of land may, with a view to maintaining the
food supply of the country, submit to the Board a scheme for the
cultivation of the land in a manner not consistent with the con-
tract of tenancy of the land, and the Board, if satisfied that the
adoption of the scheme is necessary or desirable for the main-
tenance of the food supply, may direct that the land shall be
cultivated in accordance with the scheme, subject to any modi-
fication which the Board may think fit to make therein.
(3) If any person obstructs or otherwise interferes with or
impedes any officer in the execution of his powers under this
regulation, or discloses or publishes any return or part thereof in
contravention of this regulation, or negligently or wilfully fails
to comply with the requirements of any order made under this
Regulation 2M of the Defence of the Realm Regulations as
amended to January olst, 1918, so far as applying to
England and Wales.
regulation, or with any condition subject to which, a licence under
any such order has been granted, or, being an occupier of any land
or building of which the Board lequire possession, or of which the
tenancy of the occupier has been determined by notice served
under this regulation, without lawful excuse, refuses to give
possession thereof to the Board or to quit such land or building,
or, having been served with a notice under this regulation re-
quiring him to do any act, negligently or wilfully fails to comply
with the requirements of the notice, or, where the notice requires
him to make a return, makes a false return, he shall be guilty of
a summary offence against these regulations.
(4) If the Board at any time withdraw from possession of any
land of which possession has been taken under this regulation,
they may recover from any person then interested in the land as
owner or tenant or otherwise, such amount as represents the
value to him of all acts of cultivation or adaptation for cultivation
executed by the Board; such amount to be determined, in
default of agreement by a single arbitrator under and in accord-
ance with the provisions of the Second Schedule to the Agri-
cultural Holdings Act, 1908.
(5) Any person authorised by the Board in that behalf may,
for the purposes of this regulation and upon production if so re
quired of his authority, enter on and inspect any land or building
and inspect any machinery, implements of husbandry, farm
stock or produce thereon.
(6) The Board may with respect to any 'land or land in any
district authorise any person or any body constituted by the
Board for the purpose to exercise on behalf of the Board any of
the powers of the Board under this regulation and prescribe the
procedure of any such body, and the authentication of any notice
or other instrument issued by any body or person so authorised.
(7) The powers conferred on the Board by this regulation
shall be in addition to and not in derogation of any other powers
of the Board.
(8) In this regulation the expression ' cultivation ' includes
use for grazing and the expression ' cultivate ' has a correspond-
ing meaning.
(11) Any notice under this regulation may be served on the
person to whom it is to be given either personally or by leaving
it for him at his last known place of abode or by sending it
through the post in a registered letter addressed to him there.
Circular to Agricultural Executive Committees in England and
Wales accompanying the 1918 Order.
(4.) Circular to Agricultural Executive Committees
accompanying" the 1918 Order.
(4) CIRCULAR TO AGRICULTURAL EXECUTIVE COMMITTEES IN
ENGLAND AND WALES, ISSUED JANUARY 15TH, 1918, BY THE
FOOD PRODUCTION DEPARTMENT OF THE BOARD OF AGRICUL-
TURE AND FISHERIES.
Reference No. 15 /C. 1.
1. [This paragraph of the Circular is embodied in the Intro-
ductory Note printed as (1) above.]
2. Taking Possession of Buildings. By para, (a) of Section (1)
Executive Committees already have power to enter on and take
possession of any buildings situate upon land of which they have
taken possession under that paragraph or convenient for the
purposes of cultivating that land or of adapting it for cultivation.
Under para, (c) (which has now been entirely altered) Executive
Committees obtain power to take possession of any land or
buildings required to provide accommodation for persons,
machinery, implements, plant, farm produce, stock or animals,
employed or used by the Board, or by the Committee on their
behalf, for the cultivation of land or for the increase of the food
supply of the country. This power will enable Committees to
take land or buildings for the purpose of accommodating soldiers,
prisoners of war or other persons employed by them on cultivation
or drainage, to take possession of buildings in order to house
horses, machinery or implements employed or used by them, and
so on. It will be found useful where it is necessary to take stables
for the Department's horses Or to take land as a training ground
for ploughmen. Where an Executive Committee have taken
possession of land or buildings under para, (a) in order to secure
the proper cultivation of the land, they may retain possession of
the land or buildings for any of the purposes above stated. It
should be noted, however, that this power does not enable the
Committee to provide additional buildings for a person who is
cultivating land on his own behalf and not on behalf of the
Board. Particular attention is called to the provision that a
Committee cannot take possession of any inhabited dwelling house
either under paragraph (a) or paragraph (c) without the further
consent of the Board. That consent is also necessary (as it was
under the revoked order) for taking possession of " common
land."
3. Repair or removal of hedges and fences and clearance or
repair of ditches and drains. The Executive Committees are now
enabled by paragraph (ee) to compel the occupier of any land to
repair or remove hedges and fences on his land. A direction for
this purpose may be given in any case in the same way as a
notice to cultivate is given under paragraph (e). The power to
require removal of hedges and thus effect what is practically a
permanent alteration of a farm should only be exercised after
consideration of the views of the owner as well as the occupier of
the land.
Circular to Agricultural Executive Committees in England and
TT ales accompanying the 1918 Order..
In addition to the powers already existing to secure the
cleansing of streams and water-courses, this new paragraph (ee)
enables Executive Committees to compel an occupier of land to
clear or repair the field drains and ditches on his land in order,
whether these are natural or artificial, and a direction for this
purpose can be given in the same way as a cultivation notice is
given under paragraph (e). It is hoped that by the exercise of
this power Executive Committees will be able to secure the culti-
vation of numerous fields which could not otherwise produce a
useful crop in their present state of neglected drainage.
It will be observed that the power relates only to existing
ditches and drains.
Incidentally this new paragraph removes any doubt as to the
works therein referred to being works for the adaptation of land
for cultivation, the value of which may be recovered on with-
drawal from possession.
4. Returns. The Board have obtained powers under para-
graph (o) to call for returns from occupiers or managers of any
ag'ricultural lands w r ith respect to their cultivation or to the crops
or livestock on the land. In order to secure uniformity and to
avoid overlapping 1 of returns required under other Regulations,
these powers are retained in the hands of the Board and are not
delegated to Executive Committees.
The Board themselves propose to arrange for the issue and
collection of a form of return to be made by all occupiers of
holdings over 20 acres stating the quantity of grass land ploughed
by the end of each month up to the end of April, the area oi
wheat and other crops planted. These returns will be tabulated
and the figures for each county will be supplied to Executive
Committees for their information.
5. General Orders. It has been found in the past difficult to
enforce a general prohibition or restriction of the cultivation of
particular crops such as mustard or strawberries, or the ploughing
up of certain classes of land throughout the country, such as land
under old leys. Power has now been obtained by the Board to
make orders for such purposes applicable generally or to any
special area. In order to secure uniformity in different counties
where similar conditions prevail, the power has been reserved
in the hands of the Board and is not delegated to Executive
Committees. If any Executive Committee consider that a general
order of this kind should be made for their county, their views
should be put forward to this Department with a full statement
of the reasons.
6. Penalties for Breaches of the Regulation. Section (3),
which deals with offences, has been enlarged so as to make any
negligent or wilful failure to comply with a notice or order under
Regulation 2n a summary offence, and is no longer confined to a
failure to comply with a cultivation order; thus, a failure to
repair hedges or to clear drains will be punishable equally with
a failure to cultivate. Obstruction or interference with any
officer in the execution of his powers under the Regulations is
3167 x
to Agricultural K,rmiln'< Coiniiullrcx in Englan
\V0ICS IIMlHHHinijiltl f/IC I IMS O/y/rr.
;ijso made ;i summary offence; us well as a refusal In give up
possession of any land or buildings of which possession is required
under paragraph (/i) or (r), or a refusal to quit land of which th>
tenancy has been determined. One reason for thus widening Ihr
scope of section ('{) is that, it has beeii considered to be desirable
Executive Committees. As the increased rates can only be levied
while the Regulations are in force, it is not considered to be
feasible to increase the borrowing' powers of drainage authorities
where these are restricted by their Acts.
(5.) Cultivation of Lands (County Boroug'hs) Order,
1917.
THE CULTIVATION or LANDS (COUNTY BOROUGHS) OIIDEK, 1917,
DATED OCTOBER 23, 1917, MADE BY THE BOARD OF AGRICUL-
TURE AND FISHERIES UNDER REGULATION M or THE DEFENCE
OF THE REALM REGULATIONS.
1917. No. 1165.
The Board of Agriculture and Fisheries, after consultation
with the Food Controller, in exercise of the powers conferred on
the Board by Regulation M of the Defence of the Realm. Regu-
lations do hereby order as follows :
1. The body constituted by the Cultivation of Lands Order,
1!)17 (No. 3), (a) for any administrative county, acting through
their executive committee, may with the consent of the council of
any county borough which is surrounded in whole or in part by
the county, exercise within the county borough the powers which
the body so constituted is by any order made by the Board under
the Defence of the Realm Regulations authorised to exercise
within the county or any of such powers, and for the purposes
of the exercise of the said powers within the borough the executive
committee and the council of the borough may appoint in such
manner as may be agreed a committee to act as a sub-committee
of the executive committee but all acts of the sub-committee shall
be submitted to the executive committee for their approval.
(a) CULTIVATION OF LANDS OKDEK, 1917 (No. 3). That Order~pTinted
pp. 273-276 is revoked by the Cultivation of Lands Order, 1918, printed as 3 (2)
above, and this, the Comity Boroughs Order, takes effect as if the Agricultural
Executive Committees constituted by the 1918 Order were therein referred to. '
Regulation SNN o] the Defence of the Realm Regulations as
amended to January 3.1.y, 1918.
2. This Order may be cited as the Cultivation of Lands (County
Boroughs) Order, 1917.
In Witness whereof the Board have hereunto set their Official
Seal, this twenty-third day of October, nineteen hundred
and seventeen.
(L.S.) /-'. A. C. Floud,
A ssistant Secretary .
(6.) Regulation SNN in 1918 form.
.REGULATION NN OF THE DEFENCE OF THE REALM REGULATIONS
AS AMENDED TO JANUARY 31 ST, 1918.
^NN. (1) Subject to the provisions of this regulation, the acreage
planted with hops on any holding in England or Wales shall,
before the first day of April, nineteen hundred and eighteen, be
reduced to one half of the acreage on the holding which is proved
by the occupier of the holding to have been planted with hops in
the month of June, nineteen hundred and fourteen (excluding
from such last mentioned acreage land which was planted with
hops after the first day of October, nineteen hundred and
thirteen), and thereafter, so long as this regulation remains in
force, the acreage on the holding so planted shall not exceed that
proportion.
(2) This regulation shall have effect notwithstanding any
covenant, agreement,, condition, or provision as to the user
of a holding, whether contained in any lease or other instrument
affecting the holding or in any verbal contract of tenancy or
implied by law, and no such covenant, agreement, condition or
provision shall operate so as to penalise, impede, or interfere
with compliance with any obligation imposed by this regulation.
(3) The Board of Agriculture and Fisheries may by licence
exempt any occupier wholly or partly or for a specified period
from any obligation imposed by this regulation in any case where
it appears to the Board that by reason of exceptional circum-
stances the issue of such a licence is advisable.
(4) If the .occupier of any holding fails to comply with the
provisions of this regulation, or with any condition subject to
which a licence under this regulation has been granted, he shall
be guilty of a summary offence against these regulations.
(5) Any person authorised by the Board in that behalf, may,
for the purposes of this regulation and upon production if so
required of his authority, enter on and inspect any land.
(6) The Board may, with respect to land in any district,
authorise any person or any body constituted by the Board for the
purpose to exercise on behalf of the Board any of the powers of
the Board under this regulation, and prescribe the procedure of
any such body, and the authentication of any notice or other
instrument issued by any body or person so authorised.
(T) Any authority given by the Board under any of the pro-
visions of the regulation for which this regulation is substituted
shall, unless and until revoked by the Board, be deemed to have
been given under and for the purposes of the corresponding
provision of this regulation.
, Addenda 1o Purl TV. (Board of Agriculture for Scotland).
4. Addenda to Part VI. Board of Agriculture for
Scotland.
EDITORIAL NOTE.
Sinew the earlier Parts of this Manual were printed the Board
of Agriculture for Scotland liave issued the Cultivation of Lands
(Scotland) Order, 1918, dated January 14th, 1918 (St. R. & U.,
1918, No. -g-j) This Order is in identical terms with the Culti-
vation of Lands (Scotland) Order, 1917 (No. 2) (printed pp. 344-
346) which it revokes save that in Article 7 " 1919 " is substituted
for " 1918 " and in Article 12 " 1918 " is substituted for " 1917 "
thus following the amendment which was made subsequent to the
isue of Order (No. 2) in Regulation 2L of the Defence of the
Realm Regulations which as so amended and applying to Scotland
is printed p. 343.
Since the earlier Parts of this Manual were printed Regulation
2^f of the Defence of the Realm Regulations has been amended
and further powers conferred on the Board of Agriculture for
Scotland. That Regulation as so amended is printed as 3 (3) of
these Addenda in the form in which it applies in England and
Wales.
Paragraph (ec) and paragraphs (h) to (n) (both inclusive) of
subsection (1) of that Regulation have no application, otherwise
the Regulation as printed pp. 620-623 'applies to Scotland, with
the addition of sub-section 10 relating to the making ol niuirburn,
which in the new form of Regulation 2x is in identical terms
with the earlier one as printed at p. 352, and with the sub-
stitution of the Board of Agriculture for Scotland for the Board
of Agriculture and Fisheries, of arbiter for arbitrator, and of the
Agricultural Holdings (Scotland) Act, 1908, for the Agricultural
Holdings Act, 1908.
3167
630 Addenda to Part VII. Dep rtment of Agriculture and Technical
Instruction for Ireland.
5. Addenda to Part VII. Department of Agriculture and
Technical Instruction for Iroiand.
EDITORIAL NOTE.
Since the earlier Parts of this Manual were printed Regula-
tion 2M of the Defence of the Realm Regulations has been amended
and further powers conferred on the Department of Agriculture
and Technical Instruction for Ireland. That Regulation as so
amended is printed as 3 (3) of these Addenda in the form in
which it applies in England and Wales.
Subsection (1) of that Regulation so far as the powers con-
ferred by paragraphs (h) to (n) (both inclusive) thereof are
concerned, and sub-sections (3), (5), (6) and (11) of that Regula-
tion as printed (pp. 621, 622, 623) apply to Ireland, with the
substitution of the Department of Agriculture and Technical
Instruction for Ireland, for the Board of Agriculture and
Fisheries, and of section fifty-eight of the Drainage (Ireland) Act,
1842, for section fourteen of the Land Drainage Act, 1847, and
with the omission of the references to the Food Controller and to
Commissions of Sewers. But save as utoresaid Regulation 2M ha^
no application to Ireland.
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