Notes On Emergency Legislation
| DOI | 10.1177/026455053900300803 |
| Date | 01 December 1939 |
| Published date | 01 December 1939 |
| Subject Matter | Articles |
II9
NOTES
ON
EMERGENCY
LEGISLATION.
Adm~inis~ra~EOn
of
Justice
(Emergency
Provisions)
Act,
1939.
This
Act
gives
power
to
remove
the
courts
of
jus-
tice
from
London
to
other
places
and
to
transfer
the
jurisdiction
of
courts
of
quarter
sessions
or
summary
jurisdiction
to
other
courts
of
quarter
sessions
or
summary
jurisdiction
or
to
direct
that
these
courts
shall
sit
at
other
places.
Except
on
a
trial
for
treason
or
murder,
it
will
not
be necessary
for
the
jury
to
consist
of
more
than
seven
persons.
It
provides
also
for
extension
to
21
days
of
the
period
for
which
an
accused
person
may
be
remanded.
*
*
*
*
The
Courts
(Em~ergency
Powers)
Act,
1939.
The
Act
came
into
force
on
2nd
September
to
help
those
who
have
suffered
financially
as
a
result
of
the
war
and
are
genuinely
unable
to
meet
finan-
cial
obligations
incurred
before
the
declaration
of
war.
No
general
moratorium
has
been
declared:
It
restricts
enforcements
of
judgments
or
orders
for
payment
or
recovery
of
a
sum
of
money
but
there
is
no
restriction
on
recovery
of
money
on
an
affiliation
order,
any
order
in
a
matter
of
bastardy,
orders
made
under
the
Married
Women’s
Acts,
or
an
order
made
in
criminal
proceedings
or
proceedings
for
recovery
of
a
penalty
imposed
for
contravention
of
the
provisions
of
any
Act.
An
order
for
compensation
or
damages
made
under
the
Probation
of
Offenders
Act
would
be
an
order
in
criminal
proceedings.
No one
can
take
action
without
leave
of
the
proper
court
for
recovery
of
debt
incurred
before
the
Act
came
into
force:
e.g.
for
non-payment
of
rates
and
taxes,
where
the
debtor
can
satisfy
the
court
that
he
is
unable
to
pay
owing
to
the
war.
Should,
how-
ever,
the
debtor’s
condition
subsequently
improve
the
courts
may
review
the
case
and,
if
the
rates
and
taxes
or
other
debts
contracted
before
1 st
Sep-
tember,
1939,
remain
unpaid,
take
the
appropriate
action
to
obtain
a
settlement.
(Local
authorities
have
power
to
make
concessions
with
regard
to
rates
payable
on
houses
and
flats
in
cases
where
the
ihusband
is
engaged
on
whole
time
national
service
and
the
wife
is
not occupying
the
house
but
is
only
storing
furniture
there.)
Hire
purchase
contracts
are
neither
cancelled
nor
varied.
The
rights
of
the
contracting
parties
are
preserved,
but
allowance
is
made
for
cases
of
genuine
hardship.
Any
person,
whether
in
national
service
or
not,
whose
position
has
been
made
worse
by
the
war
has
the
right
of
application
to
the
courts
for
a
suspension
of
any
right
of
action
against
him.
This
should
only
be
used
when
he
is
unable
to
come
to
an
amicable
agreement
with
the
person
or
company
from
whom
he
has
goods
on
a
hire
purchase
con-
tract.
No
judgment
can
be
enforced
against
any
person
without
leave
of
the
Court.
This
means
that
the
person
or
company
from
whom
the
goods
have
been
obtained
on
a
hire
purchase
.agreement
cannot
obtain
possession
of
them
if
it
can
be
shown
that
by
so
doing
he
would
be
inflicting
hardship
on
the
hirer.
Action
for
taking
possession
of
property,
the
appointment
of
a
receiver,
realisation
of
any
security
or
forfeiture
of
deposit
are
subject
to
similar
restric-
tions.
*
~!
* *
National
Service
(Armed
Forces)
Act.
The
Act
came
into
force
on
the
3rd
September
and
provides
for
liability
to
service
in
the
armed
forces
of
every
male
British
subject
between
the
ages
of
18
and
41
years.
No
one
over
41
is
liable
to
be
called
up
for
service.
The
Ministry
of
Labour
will
keep
a
register
of
military
service
and
issue
certificates
of
registra-
tion
which
must
be
produced,
on
request
by
a
con-
stable
in
uniform
or
within
two
clear
days
at
a
police
station,
by
a
person
who
is
registered
for
service.
Change
of
name
or
address
must
be
notified
to
the
Department
of
Labour
and
the
certificate
of
registration
returned
there
for
correction.
Men
who
fail
to
comply
with
notices
of
enlistment
or
medical
examination
are
deemed
to
be
absenteees
without
leave
and
liable
to
be
brought
before
a
court
of
summary
jurisdiction.
Provision
is
made
for
a
register
of
conscientious
objectors
and
for
the
setting
up
of
local
and
appelate
tribunals
to
pass
judgment
upon
whether
the
objec-
tion
shall
be
accepted
and
if
so
upon
what
condi-
tions.
No
determination
of
such
a
tribunal
may
be
called
in
question
in
any
court
of
law.
Postpone-
ment
of
liability
to
serve
may
be
granted
in
cases
of
special
hardship
and
enlistment
notices
may
be
suspended
pending
appeal.
The
Act
should
be
studied
in
detail
by
all
those
probation
officers
who
are
charged
with
the
super.
vision
of
men
of
military
age.
*
*
*
*
Emergency
Powers
(Defence)
Regulations.
Any
Inspector
or
other
officer
in
charge
of
a
Police
Station
has
the
right
to
take
fingerprints,
photo-
graphs
and
measurements
of
any
person
in
custody.
This
power
can
only
be
exercised
when
it
is
thought
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