HC Deb 31 July 1897 vol 52 cc16-7

(1.) "Two justices of the peace may, if they shall think fit, on the application of a commissioned officer in command of the authorised forces or part thereof, by order, suspend, for a time not exceeding forty-eight hours, any right of way over any road or footpath within those limits and within their jurisdiction. Provided that any such Order shall only be made with regard to any county, or main, or parish road by at least two justices, not being military officers in command of the forces, sitting in petty sessions in the petty sessional division or divisions within which such road or part of road to be stopped is situate, and for a time not exceeding twelve hours, and after seven days notice of such intended application published in a newspaper circulating in the district, and subject to such terms and conditions as may be required by the said justices for the protection of individuals or of the public or of public bodies."

(2.) "The officer in command of the authorised forces shall cause such public notice of the Order as the justices may require to be given not less than twelve hours before the Order comes into force, and shall give all reasonable facilities for traffic whilst the Order is in force."

MR. DILLON

moved in Sub-section (1) after the words "Two justices of the peace" to insert the words "not being military officers in command of the forces."

Amendment agreed to.

MR. MACNEILL

moved to leave out "forty-eight" and to insert "twelve" as the period during which a right of way over a road or footpath could be suspended.

* MR. BRODRICK

could not accept the Amendment. It was possible to imagine a footpath running straight through a camp and that camp might have to remain in the same place for two nights. In such cases it would be necessary to stop the right of way for 48 hours. He might mention that last year an Amendment was moved from the other side of the House which would have allowed a right of way to be suspended for three months. [Laughter.] He had been generous, and had reduced the period to two days.

MR. DILLON

quite recognised that it would be necessary to control the use of footpaths running through a camp. The presence of strangers in the camp at all hours might, of course, be a great nuisance. He believed, however, there was a largo number of small, narrow, private roads leading to the main roads; and it would be a great hardship upon many people if such bye lanes were closed even for 48 hours. In some cases the effect would be to cut off communication with the outside world for that time. He hoped, therefore, that commanding officers would be directed to exercise this right, with some regard to the convenience of the inhabitants of localities. He thought that leave might be given to use the roads for necessary purposes at certain hours in the morning and evening.

MR. POWELL-WILLIAMS

thought that the hon. Member need be under no apprehension. When manœuvres had taken place in the past and footpaths had been stopped, the officers in command had always given reasonable facilities to people who were accustomed to make use of them, and he had no reason to believe that that practice would be discontinued in future.

Amendment, by leave, withdrawn.

THE SOLICITOR GENERAL

moved to substitute "within the specified limits" for the words "within those limits."

Amendment agreed to.

THE SOLICITOR GENERAL

moved to substitute "at least one" for "a" before the words "newspaper circulating in the district."

Amendment agreed to.

MR. CALDWELL

moved to insert the word "generally" after the words "newspaper circulating."

Amendment agreed to.

Clause 4,—