Defence Forces (Temporary Provisions) Act, 1923

Defence Forces (Temporary Provisions) Act, 1923 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Defence Forces (Temporary Provisions) Act, 1923 Defence Forces (Temporary Provisions) Act, 1923 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 30. DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923. ARRANGEMENT OF SECTIONS Section 1. Short Title and Duration of Act. 2. Definition of expression “on active service”. 3. Definitions. PART I CHAPTER I Establishment of Defence Forces 4. Raising and number of Defence Forces. 5. Control of Forces. CHAPTER II Organisation of the Forces 6. Personnel of Forces. 7. General Organisation of Forces. CHAPTER III Administration 8. Commissioned ranks in the Forces. 9. Non-commissioned ranks in the Forces. 10. Granting of Commissions. 11. Power to dismiss or dispense with services of any member of the Forces. 12. Power to establish Military Districts. 13. Power to establish Head quarters, etc., Staffs. 14. Officers in executive command. 15. Officers holding commissions during pleasure. 16. Appointment from ranks to commissioned ranks. 17. Resignation of officers. 18. Appointment of officers. 19. Appointment of officers pending completion of period of five years, after the establishment of a Military College. 20. Half-pay and unattached list. 21. Engagement and service in the Forces. 22. Date of Establishment. CHAPTER IV Military Education 23. Military College. 24. Classes of Instruction. 25. Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State. CHAPTER V Service in Time of War 26. Liability of members of Forces to be employed on active service. 27. Military Command in time of war. 28. Discharge on service. CHAPTER VI Special Powers in Relation to Defence 29. General Powers of Minister with consent of Executive Council. 30. Manoeuvres and training. CHAPTER VII Power to make Regulations 31. Regulations. PART II CHAPTER I Discipline 32. Offences in relation to the enemy punishable with death. 33. Offences in relation to the enemy not punishable with death. 34. Offences punishable more severely on active service than at other times. 35. Disclosing information. 36. Mutiny and sedition. 37. Striking or threatening a superior officer. 38. Disobedience to superior officer. 39. Insubordination. 40. Breaking quarters. 41. Neglect to obey orders. 42. Desertion. 43. Connivance at desertion. 44. Fraudulent enlistment. 45. Absence without leave. 46. Scandalous conduct of an officer. 47. Fraud by persons in charge of moneys or goods. 48. Malingering or inducing injury. Disgraceful conduct. 49. Drunkenness. 50. Permitting escape of prisoners. 51. Irregular arrest or confinement Escaping. 52. Offences in relation to property. 53. Falsifying official documents and false declarations. 54. False accusation. 55. False accusation or false statement. 56. Offences in relation to Courts-Martial. 57. False evidence. 58. Offences in relation to billeting. 59. Offences in relation to impressment of carriages and their attendants. 60. Travelling without ticket, etc. 61. Offences in relation to enlistment. 62. General offences in relation to enlistment. 63. Ill-treating a soldier. 64. Ill-treating a person in military custody. 65. Withholding pay. 66. Wounding through negligence. Offences in relation to firearms. 67. Refusal to hand over offender to Civil authority. 68. Conduct to the prejudice of good order and military discipline. 69. Offences punishable by ordinary law of Saorstát Éireann. 70. Scales of punishments which may be awarded by Courts-Martial. 71. Effect of certain sentences. 72. Permitted combination of punishments. 73. Restrictions on sentences. 74. Power to place offender in arrest. 75. General as to arrest. 76. Guard Report. 77. Charge to be investigated without delay. 78. Charges against an officer below the rank of Commandant which may be summarily dealt with. 79. Punishments which may be summarily awarded to an officer below the rank of Commandant. 80. Charges against a soldier which may be summarily dealt with. 81. Punishments which may be summarily awarded to a non-commissioned officer. 82. Punishments which may be summarily awarded to a private soldier by a Commanding Officer. 83. Punishments which may be summarily awarded to a private soldier by a Company Commander. 84. Investigation of a charge against an officer. 85. Investigation of a charge against a non-commissioned officer. 86. Investigation of a charge against a private soldier. 87. Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier. 88. Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings. 89. Restriction on jurisdiction of Courts-Martial. 90. Classes of Courts-Martial. 91. General Courts-Martial. 92. Local Courts-Martial. 93. Disqualifications for membership of Courts-Martial. 94. Challenges by accused. 95. Swearing of Court. 96. Plea in bar. 97. Evidence to be on oath. 98. Right of accused and his wife to give evidence. 99. Rules of evidence to be the same as in Civil Courts. 100. Finding. 101. Conviction of offence other than offence charged with. 102. Voting generally. 103. Death Sentence. 104. Sentences generally. 105. Procedure generally. 106. Right of Prosecutor and accused to be represented by a legal advisor. 107. Position of legal adviser at Courts-Martial. 108. Summoning and privilege of witnesses at Courts-Martial. 109. Misconduct of civilian witness at Court-Martial. 110. Insanity of accused at trial. Finding in case of insanity of accused at time of commission of offence. 111. Insanity of person imprisoned or undergoing detention. 112. Right of person tried to copy of proceedings. 113. Finding and sentence not to be valid unless confirmed. 114. Confirming authorities. 115. Powers of confirming authority. 116. Procedure where finding or sentence sent back for revision. 117. Execution of sentence of penal servitude. 118. Execution of sentence of imprisonment or detention. 119. Inquiry by Court on absence of a soldier. 120. Confession by soldier of desertion or fraudulent enlistment. 121. Power as to restitution of stolen property. 122. Mode of complaint by officer. 123. Mode of complaint by soldier. 124. Military command. 125. Power to Minister to make rules of procedure. CHAPTER II Pay 126. Authorised deductions from pay only to be made. 127. Automatic forfeiture of pay of officers. 128. Automatic forfeiture of pay of soldiers. 129. Definition of expression “Day”. 130. Deductions from ordinary pay of officers which may be made. 131. Deductions from ordinary pay of soldiers which may be made. 132. How automatic forfeiture of and deductions from ordinary pay may be remitted. 133. Supplemental as to deductions from ordinary pay. 134. Prohibition of assignment of pay, etc. 135. Punishment of false oath and personation. CHAPTER III Prisons and Detention Barracks 136. Duty of Governor of prison to receive prisoners, deserters and absentees without leave. 137. Establishment and regulation of military prisons. 138. Classification of prisoners. CHAPTER IV Exemptions of Officers and Soldiers 139. Exemptions of officers and soldiers from tolls. 140. Exemption of soldiers in respect of civil process. 141. Liability of soldier to maintain wife and children. 142. Officers not to be sheriffs or mayors. 143. Exemption from jury. CHAPTER V Enlistment 144. Limit of original enlistment. 145. Terms of original enlistment. 146. Change of conditions of service. 147. Reckoning of service. 148. Mode of enlistment and attestation. 149. Power of recruit to purchase discharge. 150. Enlistment for general service and appointment to corps. 151. Effect of appointment to a corps and provision for transfers. 152. Re-engagement of soldier. 153. Continuance in service after 21 years' service. 154. Re-engagement and continuance of service of non-commissioned officers. 155. Prolongation of service in certain cases. 156. In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service. 157. Discharge or transfer to Reserve. 158. Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum. 159. Regulations as to discharge of soldiers. 160. Regulations as to persons to enlist and enlistment of soldiers. 161. Claims of masters to apprentices. 162. Penalty for unlawful recruiting. 163. Recruits punishable for false answers. 164. Validity of attestation and enlistment or re-engagement. 165. Definition for purposes of Part II. Chapter V. of prescribed military authority. CHAPTER VI Billeting and Impressment of Carriages Billeting of Officers, Soldiers and Horses 166. No billeting save as authorised by this Act. 167. Obligation of constable to provide billets. 168. Liability to provide billets. 169. Officers, soldiers and horses entitled to be billeted. 170. Accommodation and payment on billet. 171. Annual list of keepers of victualling houses liable to billets. 172. Regulations as to grant of billets. 173. Billeting in case of emergency. 174. Offences by constables. 175. Offences by keepers of victualling houses. 176. Offences by officers or soldiers. 177. Supply of carriages, etc. for regimental baggage and stores on the march. 178. Payment and regulations as to carriages, etc. 179. Annual list of persons liable to supply carriages and animals. 180. Impressment of carriages, etc., in cases of emergency. 181. Offences by constables. 182. Offences by persons ordered to furnish carriages, animals, vessels, etc. 183. Offences by officers or soldiers. 184. Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc. 185. Provisions as to constables, police authorities and peace commissioners. 186. Fraudulent claim for carriages, animals, etc. CHAPTER VII Legal Penalties in Matters respecting the Forces 187. Punishment for pretending to be a deserter. 188. Punishment for inducing officers or soldiers to desert or absent themselves without leave. 189. Penalty for interference with military duties, etc. 190. Apprehension of deserters. 191. Penalty on trafficking in commissions. 192. Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc. 193. Unauthorised use of decorations, etc. CHAPTER VIII Jurisdiction 194. Liability to military law in respect of status. 195. Adjustment of military and civil law. CHAPTER IX Evidence 196. Certain matters and documents to be evidence. 197. Evidence of conviction or civil acquittal. 198. Evidence of conviction by Court-Martial. CHAPTER X Summary and Other Legal Proceedings 199. Prosecution of offences and recovery and application of fines. 200. Protection of persons acting under this Act. CHAPTER XI Miscellaneous 201. Exercise of powers vested in holder of military office. 202. Provisions as to warrants and orders of military authorities. 203. Furlough in case of sickness. 204. Licences of canteens. 205. Use of recreation rooms without licence. 206. Conveyance of the Forces by railway. 207. Sanction of Finance Minister necessary for regulations. CHAPTER XII Application of Military Law 208. Persons subject to military law as officers. 209. Persons subject to military law as soldiers. PART III The Reserve 210. Raising and number of Reserve. 211. Control of the Reserve. 212. Personnel of the Reserve. 213. Composition of Reserve of Officers. 214. Composition of Reserve of Men. 215. General organisation of the Reserve. 216. Orders and regulations as to the Reserve. 217. Date of establishment of the Reserve. 218. Calling out the Reserve in aid of the civil power. 219. Punishment of certain offences by Reserve men. 220. Training of Reserve men. 221. Calling out the Reserve on permanent service. 222. Assembly of both Houses of the Oireachtas when the Reserve is ordered to be called out on permanent service. 223. Service of Reserve men called out. 224. Punishment for non-attendance for annual training or permanent service, etc. 225. Supplemental provisions as to deserters and absentees. 226. Punishment for inducing Reserve man to desert or absent himself. 227. Record of illegal absence of Reserve man. 228. Exercise of powers vested in holder of military office. 229. Application to the Reserve of enactments respecting exemption from tolls and conveyance of the Forces. 230. Notices. 231. Trial of offences. 232. Provisions as to offences. 233. Evidence. PART IV Transitory Provisions 234. Duration of this Part of Act. 235. National Forces as at present constituted to be armed forces mentioned in Article 46 of the Constitution. 236. Provisions as to command-in-chief and administrative and executive powers. 237. General organisation of the National Forces. 238. Orders and regulations now in force to have effect. 239. Liability of soldiers now serving in National Forces. 240. Officers. 241. Power to dismiss officer or soldier. 242. Application of Part II. of Act. 243. Application of Section 2 of Act. 244. Provision as regards Article 71 of the Constitution. 245. Power to make Regulations. 246. Definitions. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE Number 30. DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923. AN ACT TO MAKE TEMPORARY PROVISIONS IN RELATION TO THE DEFENCE OF SAORSTÁT EIREANN AND OTHER MATTERS INCIDENTAL THERETO. [3rd August, 1923.] WHEREAS it is provided by Article 46 of the Constitution that the Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are therein referred to, and that every such armed force shall be subject to the control of the Oireachtas: AND WHEREAS it is provided by Article 70 of the Constitution that no one shall be tried save in due course of law and extraordinary Courts shall not be established, save only such military tribunals as may be authorised by law for dealing with military offenders against military law: AND WHEREAS it is provided by Article 71 of the Constitution that a member of the armed forces of Saorstát Eireann not on active service shall not be tried by any court-martial or other military tribunal for an offence cognisable by the Civil Courts, unless such offence shall have been brought expressly within the jurisdiction of Courts-Martial or other Military Tribunal by any code of laws or regulations for the enforcement of military discipline which might be thereafter approved by the Oireachtas: AND WHEREAS it is a matter of urgent necessity to provide a code of laws and regulations for the enforcement of military discipline in the existing armed forces of Saorstát Eireann and such other armed forces as may be raised under this Act: BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Preliminary. Short Title and Duration of Act. 1.—This Act may be cited for all purposes as the Defence Forces (Temporary Provisions) Act, 1923. This Act shall continue in force until other provisions shall have been made by law for the defence of Saorstát Eireann and shall not in any case continue in force after a period of one year from the date of the passing hereof. Definitions. Definition of expression “on active service.” 2.—(1) In this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations in a place wholly or partly occupied by the enemy. (2) Where the Executive Council declares at any time or times that by reason of the imminence of active service or the recent existence of active service, it is necessary for the public service that the armed forces to be raised under this Act should be temporarily subject to this Act as if they were on active service, then, on the publication in the Iris Oifigiúil of any such declaration, the forces to which the declaration applies shall be deemed to be on active service for the period mentioned in the declaration. Definitions. 3.—In this Act the following expressions shall, where the context so admits, have the meanings respectively assigned to them by this Section, that is to say:— (1) The expression “The Minister” means the Minister for Defence. (2) The expression “Executive Minister” means a Minister who is a member of the Executive Council. (3) The expression “The Forces” means the armed forces to be raised under this Act and includes soldiers of the Reserve when called out on permanent service with the Forces as hereinbefore defined. (4) The expression “The Reserve” means any reserve for the Forces to be established under Part III . of this Act. (5) The expression “Officer” means an officer commissioned or in pay as an officer of the Forces or the Reserve or any arm, branch or part thereof. (6) The expression “General Officer” means an officer holding the rank of General, Lieutenant-General, or Major-General. (7) The expression “Non-Commissioned Officer” includes an acting non-commissioned officer. (8) The expression “Soldier” does not include an officer as defined by this Act, but with the modifications contained in this Act in relation to non-commissioned officers does include a non-commissioned officer and every other person subject to military law while he is so subject. (9) The expression “Superior Officer” when used in relation to a soldier includes a non-commissioned officer as above defined. (10) The expression “Corps” means:— (a). Any military body, whether known as a territorial regiment or by any different name, as may be from time to time declared by Warrant under the hand of the Minister to be a corps for the purposes of this Act and is a body formed by the Minister under the powers conferred by this Act, and either consisting of associated battalions of the Forces or consisting wholly of a battalion or battalions of the Forces. (b). Any part of the Forces by whatever name called, which is declared by a Warrant under the hand of the Minister to be a corps for the purposes of this Act; and also (c). Any other portion of the Forces employed on any service and not attached to any corps as above defined. (d). And any reference in Chapter V . of Part II . of this Act to a corps of the Forces shall be deemed to refer to any such military body as is hereinbefore defined to form a corps. (11) The expression “Battalion” in the application of this Act to cavalry, artillery, or engineers shall be construed to mean regiment, brigade, or other body into which the Minister under the powers conferred on him by this Act may be pleased to divide such cavalry, artillery, or engineers. (12) The expression “Regimental” means connected with a corps or with any battalion or other sub-division of a corps. (13) The expression “Decoration” means any medal, clasp, good conduct badge, or decoration. (14) The expression “Military Reward” means any gratuity or annuity for long service or good conduct; it also includes any good conduct pay, pension and any other military pecuniary award. (15) The expression “Commanding Officer” means any officer commanding a battalion, and also such other officer as the Minister may, by Regulations to be made by him under this Act, declare to be a commanding officer. (16) The expression “Enemy” includes all armed mutineers, armed rebels, armed rioters, and pirates. (17) The expression “Superior Court” means the High Court of Justice in Dublin. (18) The expression “Civil Court” means with respect to any crime or offence, a Court of ordinary criminal jurisdiction, and includes a Court of Summary Jurisdiction. (19) The expression “prescribed” means prescribed by this Act or by any Rules or Regulations to be made thereunder or partly by this Act, and partly by Rules or Regulations to be made thereunder. (20) The expression “Summary Jurisdiction Acts,” means within the police district of Dublin Metropolis, the acts regulating the powers of justices of the peace for such district or of the police of such district; and elsewhere in Saorstát Eireann the Petty Sessions (Ireland) Act, 1851 , and any Act or Acts amending the same. (21) The expression “Court of Summary Jurisdiction,” means any District Justice, Police Magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Act, or any Acts therein referred to, or any Acts amending or adapting the same. (22) The expression “Court of Law” includes a court of summary jurisdiction. (23) The expression “County Court Judge” includes a Recorder. (24) The expression “District Justice” includes a Divisional Magistrate of the City of Dublin. (25) The expression “Constable” means any member of the Dublin Metropolitan Police, or of the Civic Guard. (26) The expression “Police Authority” means a Superintendent or Inspector of the Dublin Metropolitan Police, or of the Civic Guard. (27) The expression “Horse” includes a mule, and the provisions of this Act shall apply to any beast of whatever description used for burden or draught, or for carrying persons in like manner as if such beast were included in the expression “horse.” (28) The expression “Oath” includes any solemn declaration which under this Act may be made by any person who states he has no religious belief, or that he has a conscientious objection to taking an oath, and the expression “be sworn” includes “make a solemn declaration.” (29) The expression “Public Prison” means any prison in which a person convicted and sentenced to imprisonment by a civil court may lawfully be confined. (30) The expression “Penal Servitude Prison” means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may lawfully be confined. (31) The expression “the Adjutant-General” shall mean the Adjutant-General of the Forces. PART I. CHAPTER I. Establishment of Defence Forces. Raising and number of Defence Forces. 4.—It shall be lawful for the Executive Council to raise and maintain an armed force to be called Oglaigh na hEireann (hereinafter referred to as the Forces) consisting of such number of officers, non-commissioned officers, and men as may from time to time be provided by the Oireachtas. Control of Forces. 5.—The command in chief of and all executive and administrative powers in relation to the Forces including the power to delegate authority to such persons as may be thought fit shall be vested in the Executive Council and exercised through and in the name of the Minister who shall not however allocate to himself any executive military command and who may not be a member of the Forces on full pay. CHAPTER II. Organization of the Forces. Personnel of Forces. 6.—(1) The Forces shall consist of officers who are appointed officers thereof, and of non-commissioned officers and men who are bound to continuous service for a term. (2) Members of the Forces shall serve under such conditions and for such periods and at such rates of pay as may be prescribed. General Organisation of Forces. 7.—The Forces shall be organized into such units of the various combatant arms and departmental services as may be prescribed CHAPTER III. Administration. Commissioned ranks in the Forces. 8.—The following shall be the grades of commissioned rank in the Forces:— (1) General. (2) Lieutenant-General. (3) Major-General. (4) Colonel. (5) Major (6) Commandant. (7) Captain. (8) Lieutenant. (9) Second Lieutenant. Non-commissioned ranks in the Forces. 9.—The following shall be the grades of non-commissioned rank in the Forces:— (a) Non-commissioned Officers— (1) Sergeant-Major. (2) Quartermaster-Sergeant. (3) Sergeant. (4) Corporal. (b) Men— (5) Private. Granting of Commissions. 10.—The Executive Council may on the nomination of the Minister appoint any person to commissioned rank or temporary commissioned rank in the Forces. All commissions shall be in the form specified in the first schedule hereto and shall be signed by the President of the Executive Council and the Minister. Power to dismiss or dispense with services of any member of the Forces. 11.—The Executive Council acting through the Minister may dismiss or dispense with the services of an officer or discharge any other member of the Forces. Power to establish Military Districts. 12.—The Minister may appoint and establish military districts throughout the State and divide a military district into two or more sub-districts. Power to establish Head quarters, etc., Staffs. 13.—The Minister may establish Headquarter Staffs of the Forces and Instructional and Administrative Staffs for military districts as required, and appoint thereto as he may think fit officers of the Forces. Members of the Staffs so appointed shall hold such rank and title, and fulfil such duties and functions and serve under such conditions and for such periods as may be prescribed. Officers in executive command. 14.—The executive military command and inspection of the Forces or any portion thereof may, subject to this Act, be vested in such officer or officers of the Forces as may be appointed by the Executive Council. Officers holding commissions during pleasure. 15.—All Officers of the Forces shall hold their commissions during the pleasure of the Executive Council, but the commission of an Officer shall not be cancelled without the holder thereof being notified in writing of any complaint or charge made, or any action proposed to be taken against him, nor without his being called upon to show cause in relation thereto: Provided that no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more. Appointment from ranks to commissioned ranks. 16.—The Executive Council on the recommendation of the Minister may, notwithstanding anything to the contrary in this Act contained or by regulation prescribed, reward any member of the Forces for distinguished services by appointing him to commissioned rank, or if he be an officer, by promoting him to higher rank. Resignation of officers. 17.—An Officer of the Forces may, by writing under his hand, tender the resignation of his commission, but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until the acceptance of his resignation is notified in the Iris Oifigiúil. Appointments and Conditions of Service in the Forces. Appointment of officers. 18.—From and after five years following upon the establishment of a military college under this Act, preference in appointment to commissioned rank in the Forces shall as far as possible, be given to graduates of that college. Appointment of officers pending completion of period of five years, after the establishment of a Military College. 19.—Until the expiry of the period of five years after the establishment of a Military College, the following persons shall be eligible for appointment to commissioned rank in the Forces:— (a) Citizens of Saorstát Eireann. (b) Officers and men serving at the time of the passing of this Act in the National Forces. (c) Such other persons as may be approved of by the Minister: Provided that in any case the Minister may order such citizens, officers, men and persons or any of them to undergo such courses of instruction, and pass such qualifying tests as may be prescribed. Half-pay and unattached list. 20.—The Minister may place any Officer of the Forces on a half-pay list for a period not exceeding one year. Any officer who is not re-employed before the end of that period may at his own request be placed on the unattached list and await re-employment. An officer so placed on the unattached list shall cea e to draw the pay and allowances of his rank, but if he be subsequently re-employed, his services on the unattached list may be reckoned to count as service in the Forces on such conditions as may be prescribed. Engagement and service in the Forces. 21.—(1) Every person engaging for service as a soldier in the Forces shall take an oath or make a solemn declaration before an Officer of the Forces or a District Justice or Peace Commissioner. (2) The oath or declaration shall be in the form set out in the Second Schedule to this Act, Such oath or declaration shall bind the person subscribing to it to serve in the Forces in accordance with the tenor of his oath, until he is legally discharged, dismissed, or removed therefrom, or his resignation is accepted. (3) Any member of the Forces other than an officer shall be entitled to receive his discharge therefrom either by purchase as may be prescribed, or on the expiration of the period of service for which he is engaged. Establishment of Forces. Date of Establishment. 22.—The Forces shall be established as from a date to be fixed by Proclamation of the Executive Council in the Iris Oifigiúil. CHAPTER IV. Military Education. Military College. 23.—(1) Out of the moneys specially appropriated by the Oireachtas for the purpose, the Minister may establish and maintain an Institution for training and instructing:— (a) Candidates for appointment to commissioned rank in the Forces; (b) Officers of the Forces; and (c) Such other Citizens as the Regulations may declare to be eligible for admission to that Institution. At the said Institution there may be combined with the military training and instruction such other training and instruction of an educational nature as may be prescribed. (2) The Institution shall be designated the Irish Military College. (3) Students at the Irish Military College other than commissioned officers shall be formed into a Military Corps and their services in that Corps shall be reckoned towards service in the Forces as may be prescribed. (4) All students under instruction at the Irish Military College shall be subject to the same discipline as that to which soldiers of the Forces are subject under this Act (5) Subject to the provisions of this Act, the appointment of the Staff of the College, the duration and description of the courses of instruction and training therein, the conditions of the future services required from the graduates of the College and all matters relating to the management, control, and good government of the College shall be as prescribed. Classes of Instruction. 24.—For the purpose of securing a high degree of military training and efficiency in the Forces, and of fitting members of the Forces for their duties therein, the Minister may make such educational arrangements as are deemed necessary, and may in particular establish special classes and courses of instruction for members of the Forces who are selected to attend such classes and courses. Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State. 25.—All officers and non-commissioned ranks of the Forces shall be instructed in giving and receiving executive words of command in each of the official languages of the State. CHAPTER V. Service in Time of War. Liability of members of Forces to be employed on active service. 26.—The whole or any part of the Forces shall at all times be liable to be employed on active service against an enemy anywhere in Saorstát Eireann or for the prevention or suppression of internal disorder within the State. Military Command in time of war. 27.—In time of war or internal disorder the Executive Council may place any officer of the Defence Forces in command of the whole or any portion of those Forces in the Field. Discharge on service. 28.—Notwithstanding anything to the contrary in this Act contained, no member of the Forces while called out or employed on active service against an enemy or for the prevention or suppression of internal disorder shall be entitled to obtain his discharge from the Forces during the continuance of such service. CHAPTER VI. Special Powers in relation to Defence. General Powers of Minister with consent of Executive Council. 29.—The Minister with the consent of the Executive Council may:— (a) Construct and maintain barracks, forts, and defence works; (b) Establish and maintain or contract for the establishment or maintenance of arms and ammunition factories and factories for the manufacture of military clothing, equipment, and other warlike stores; (c) Construct and maintain aerodromes and other matters incidental thereto; (d) Acquire, construct, and maintain artillery and rifle ranges and other matters incidental thereto, and may do all things necessary for the efficient defence and protection of the State or any part thereof. Manoeuvres and training. 30.—(1) The Minister may from time to time appoint areas wherein any portion of the Forces may be trained and exercised in manoeuvres and may by regulation prescribe the conditions under which compensation may be claimed by and paid to owners or occupiers of land in those areas for damage or loss sustained by them in consequence of the use of their land by the Forces as aforesaid: Provided that no camp shall be erected within a radius of at least two hundred yards of a private dwellinghouse except with the consent of the owner thereof. (2)—In areas so appointed or in the vicinity of places used as artillery or rifle ranges for the Forces, the officer in command of the portion of the Forces engaged in artillery or rifle practice or in manoeuvres may temporarily stop all traffic by land or water in the vicinity of that place or in that area so far as in his opinion may be necessary for the security of life and the proper conduct of the practice or manoeuvres. CHAPTER VII. Power to make Regulations. Regulations. 31.—The Minister may make regulations not inconsistent with this Part of this Act relating to all or any of the following matters or things, namely:— (a) The various combatant arms and departmental services in the Forces. (b) The numerical establishments of corps and other units of the Forces, and the various divisions, branches, grades ranks, and appointments therein. (c) The training and inspection of the Forces, the formation of training camps, and the holding of manoeuvres for the Forces. (d) The attendance at special classes and courses of instruction of members of the Forces selected for such attendance, and the examination of members of the Forces as to proficiency in military professional subjects, and as to their general educational qualifications; the granting of certificates of proficiency in military professional subjects. (e) The seniority of officers in the Forces, the appointment to, promotion in, and tenure of commissioned and non-commissioned rank in the Forces. (f) The tenure in any office, appointment or capacity in the Forces and the age limit for retirement for members of the Forces holding office or serving in any capacity or appointment. (g) The leave of absence of members of the Forces. (h) The issue and care of arms, accoutrements, ammunition supplies, animals and transport, clothing and equipment for the Forces. (i) The establishment and conduct of camp, barrack, battalion, or district institutions for providing recreation and refreshment to members of the Forces. (j) Returns, books, forms, and correspondence relating to the Forces. (k) All matters which are by this Part of this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the Forces, or for carrying out and giving effect to the provisions of this Part of this Act, other than matters which are by this Part of this Act required or permitted to be prescribed by the Executive Council. PART II. CHAPTER I. Discipline. Offences. Offences in relation to the enemy punishable with death. 32.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of unjustifiably surrendering, yielding or abandoning any garrison, guard, place, post or position which it was his duty to defend; or (2) The offence of endeavouring in any way to persuade, induce or compel any person subject to military law to commit the offence specified in the foregoing clause; or (3) The offence of treacherously or without due authority holding communication or correspondence with, or giving intelligence to the enemy; or (4) The offence of misbehaving or inducing others to misbehave before the enemy in such a way as to show cowardice; or (5) Having been made a prisoner of war the offence of voluntarily serving with or voluntarily aiding the enemy; or (6) The offence of assisting the enemy with arms, ammunition or supplies; or (7) The offence of treacherously assisting the enemy in any way not specifically hereinbefore mentioned in this Section; or (8) The offence of knowingly when on active service doing any act calculated to imperil the success of, or endanger, any portion of the Forces; or (9) The offence of attempting to commit any of the offences specified in sub-sections (3), (6) and (7) of this Section; shall on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned. Offences in relation to the enemy not punishable with death. 33.—Every person subject to military law who on active service commits any of the following offences, that is to say:— (1) The offence of being taken prisoner through disobedience of orders, wilful neglect of duty, or want of due precaution; or, (2) Having been taken prisoner, the offence of failing to rejoin the Forces when able to rejoin the same; or, (3) The offence of in any way spreading reports, or using words, calculated to cause alarm or despondency among the Forces, or among the civilian population; or (4) The offence of leaving the ranks without orders from his superior officer in order to secure prisoners, or on the pretence of taking wounded men to the rear; shall on conviction by Court-Martial be liable to suffer penal servitude, or such less punishment as is in this Act mentioned. Offences punishable more severely on active service than at other times. 34.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of looting or plundering, breaking into any house or place in search of loot or plunder, or leaving his superior officer to go in search of loot or plunder; or (2) The offence of leaving his guard, picket, patrol or post without orders from his superior officer; or (3) The offence of forcing, striking, or wilfully molesting any soldier acting as sentry; or (4) The offence of forcing any soldier or party of soldiers detailed for the protection of any person or property; or (5) Being a soldier while acting as sentry the offence of (a) sleeping or being drunk on his post, or (b) leaving his post before being regularly relieved; shall, on conviction by Court-Martial, if he commits any such offence on active service, be liable to suffer death or such less punishment as is in this Act mentioned and if he commits any such offence not on active service, be liable to suffer penal servitude or such less punishment as is in this Act mentioned. Disclosing information. 35.—Every person subject to military law who commits the following offence, that is to say:— The offence of making known or disclosing any matter regarding the Forces to any person not entitled to such information, at such time and in such manner as is in the opinion of the Court calculated to produce effects injurious to the Forces, shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as is in this Act mentioned. Mutiny and sedition. 36.—Every person subject to military law who commits any of the following offences, that is to say:— (a) The offence of causing, conspiring to cause, attempting to cause, or joining in any mutiny or sedition in any of the Forces; or (b) Being present, the offence of not using his utmost endeavours to prevent any mutiny or sedition in any of the Forces; or (c) The offence of persuading, inducing or compelling or endeavouring to persuade, induce, or compel any person subject to military law to join in any mutiny or sedition in any of the Forces; or (d) Having come to the knowledge of, or having reasonable grounds to suspect any actual or intended mutiny or sedition in the Forces, the offence of failing to inform without delay, a superior officer of the same; or (e) The offence of seducing or endeavouring to seduce any person subject to military law from allegiance to the State, shall, on conviction by Court-Martial be liable to suffer death or such less punishment as is in this Act mentioned. Striking or threatening a superior officer. 37.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of striking or using or offering any violence to a superior officer being in the execution of his office. shall on conviction by Court-Martial, if he commits any such offence on active service be liable to suffer death or such less punishment as is in this Act mentioned, and if he commits any such offence not on active service be liable to suffer penal servitude or such less punishment as is in this Act mentioned. (2) Every person subject to military law who commits the following offence, that is to say:— The offence of striking or using or offering violence to or using threatening or insubordinate language to a superior officer, shall on conviction by Court-Martial be liable to suffer penal servitude or such less punishment as is in this Act mentioned. Disobedience to superior officer. 38.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of disobeying in such a way as to show an intentional defiance of authority, any lawful command or order given personally by a superior officer, whether the same is given orally or otherwise, shall, on conviction by Court-Martial be liable to suffer— if an officer, and if the offence was committed on active service, imprisonment or such less punishment as is in this Act mentioned, or if an officer, and if the offence was committed not on active service, dismissal with ignomy or such less punishment as is in this Act mentioned; or if a soldier, and if the offence was committed on active service, imprisonment or such less punishment as in this Act mentioned, or if a soldier and if the offence was committed not on active service, detention or such less punishment as is in this Act mentioned. (2) Every person subject to military law who commits the following offence, that is to say:— The offence of disobeying any lawful command or order given by a superior officer, shall, on conviction by a Court-Martial be liable to suffer— (i.) If an officer, dismissal or such less punishment as is in this Act mentioned; or (ii.) If a soldier, detention or such less punishment as is in this Act mentioned. Insubordination. 39.—Every person subject to military law who commits any of the following offences, that is to say:— (1) Being concerned in any quarrel, affray or disorder, the offence of refusing to obey, striking, using or offering violence to (a) any officer who lawfully orders him into arrest, or (b) any person in whose custody he is lawfully placed; or, (2) The offence of resisting a patrol, escort or police guard whose duty it is to apprehend him, or have him in charge, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention, or such less punishment as is in this Act mentioned. Breaking quarters. 40.—Every soldier subject to military law who commits the following offence, that is to say:— The offence of breaking quarters, barracks, or camp, shall, on conviction by Court-Martial be liable to suffer detention or such less punishment as is in this Act mentioned. Neglect to obey orders. 41.—Every person subject to military law who commits the following offence, that is to say:— The offence of neglecting to obey any garrison or general or other orders, shall, on conviction by Court-Martial be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned. The expression “general orders” in this section shall not include Regulations or Orders made by the Minister or any similar order in the nature of a regulation published for general information and guidance of the Forces. Desertion. 42.—(1) Every person subject to military law who commits any of the following offences, that is to say:— (a) The offence of deserting or attempting to desert any of the Forces; or (b) The offence of persuading, endeavouring to persuade, procuring or attempting to procure any person subject to military law to desert from any of the Forces; or (c) The offence of in any way assisting any person subject to military law to desert from any of the Forces, shall, on conviction by Court-Martial be liable to suffer— (i) If the offence is committed on active service, death or such less punishment as is in this Act mentioned, or (ii) If the offence is committed not on active service, penal servitude, or such less punishment as is in this Act mentioned. (2). When an offender has fraudulently enlisted once or oftener, he may, for the purpose of trial for the offence of desertion or attempting to desert the Forces, be deemed to belong to any one or more of the Corps to which he has been appointed or transferred as well as the Corps to which he properly belongs. Connivance at desertion. 43.—Every person subject to military law who commits the following offence, that is to say:— Coming to the knowledge of any desertion or intended desertion of a person subject to military law, the offence of neglecting to give notice to his commanding officer or to take any steps in his power to cause the deserter or intending deserter to be apprehended, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned. Fraudulent enlistment. 44.—(1) Every person subject to military law who commits the following offence, that is to say:— When belonging to the Forces, the offence of without having obtained a regular discharge therefrom or otherwise having fulfilled the conditions enabling him to enlist, enlisting himself in the Forces, shall be deemed to be guilty of fraudulent enlistment, and shall on conviction by Court-Martial be liable to suffer imprisonment as is in this Act mentioned. (2). When an offender has fraudulently enlisted on several occasions he may for the purpose of this Section be deemed to belong to any one or more of the corps to which he has been appointed or transferred as well as the corps to which he properly belongs. Absence without leave. 45.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of being absent without leave; or (2) The offence of failing to appear at the place of parade or mobilisation, or post or position appointed by his superior officer, or withdrawing from such place of parade or mobilisation or post or position before he is relieved, or without leave, or otherwise unjustifiably; or (3) The offence of quitting the ranks without leave or other wise unjustifiably, shall, on conviction by Court-Martial, be liable to suffer, (a) If an officer, dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, detention or such less punishment as is in this Act mentioned. Scandalous conduct of an officer. 46.—Every officer who being subject to military law commits the following offence, that is to say:— The offence of behaving in a scandalous manner, unbecoming the character of an officer, shall, on conviction by Court-Martial, be liable to suffer dismissal with ignominy. Fraud by persons in charge of moneys or goods. 47.—Every person subject to military law who commits the following offence, that is to say:— Being officially, by virtue of his office or otherwise, charged with or concerned in the care, control, possession or distribution of any public or military money or goods, the offence of stealing, fraudulently misapplying or misappropriating the same, or conniving at or being concerned in the stealing, fraudulent misapplication or misappropriation of the same, or wilfully damaging the same, shall, on conviction by Court-Martial, be liable to suffer penal servitude or such less punishment as in this Act mentioned. Malingering or inducing injury. Disgraceful conduct. 48.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of malingering or feigning or inducing in himself any disease or infirmity; or (2) The offence of injuring himself or any other person subject to military law, with the intention of rendering himself or such person unfit for service; or (3) The offence of causing himself to be injured by any person, with the intention of rendering himself unfit for service; or (4) The offence of being guilty of any misconduct or of any wilful disobedience, whether in hospital or otherwise, of any orders, by means of which misconduct or disobedience he produces or aggravates disease or infirmity or delays its cure; or (5) The offence of assisting or conniving at the commission of any offence specified in any of the foregoing clauses; or (6) The offence of being guilty of any disgraceful conduct of a cruel, indecent or unnatural kind not before specifically in this Act mentioned, shall, on conviction by Court-Martial, be liable to suffer imprisonment or such less punishment as is in this Act mentioned. Drunkenness. 49.—(1) Every person subject to military law who commits the following offence, that is to say:— The offence of being drunk when on duty, shall, on conviction by Court-Martial, be liable— (a) If an officer and the offence is committed on active service, to suffer dismissal with ignominy or such less punishment as is in this Act mentioned; or (b) If an officer, and the offence is committed not on active service, to suffer dismissal or such less punishment as is in this Act mentioned; or (c) If a soldier and the offence is committed on active service, to suffer imprisonment or such less punishment as is in this Act mentioned; or (d) If a soldier and the offence is committed not on active service, to suffer detention or such less, punishment as is in this Act mentioned. (2) Every person subject to military law who commits the following offence, that is to say:— The offence of being drunk when not on duty, shall, on conviction by Court-Martial, be liable— (a) If an officer, to suffer dismissal or such less punishment as is in this Act mentioned; or (b) If a soldier, to suffer detention for six months or such less punishment as is in this Act mentioned. Permitting escape of prisoners. 50.—Every person subject to military law who commits the following offence, that is to say:— The offence of releasing without proper authority, or aiding or wilfully or negligently allowing to escape any person whom it is his duty to keep or guard, or any person committed to his charge, shall, on conviction by Court-Martial, be liable to suffer— (a) If the offence was committed on active service, death or such less punishment as is in this Act mentioned; or (b) If the offence was committed not on active service, penal servitude or such less punishment as is in this Act mentioned. Irregular arrest or confinement Escaping. 51.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of (a) unnecessarily detaining any person under arrest or in confinement without bringing him to trial; or (b) failing to bring the case of any such person before the proper authority for investigation; or (2) Having delivered a person into the custody of an officer or non-commissioned officer, the offence of failing without reasonable cause to deliver forthwith, or as soon as possible, and in any case not later than twenty-four hours thereafter, to such officer or non-commissioned officer an account in writing signed by himself, of the offence of which the person so delivered into custody is charged; or, (3) Being in command of a guard, and having taken or received a person into custody, the offence of failing upon being relieved from guard or duty and in any case within twenty-four hours of the time of taking or receiving such person into custody, to give in writing to the officer to whom he may be ordered to report, the name, and so far as is known to him, the offence of such person, together with the name and rank of the officer or other individual by whom such person was charged, and if he has received the same, the account in writing referred to in the foregoing clause; or (4) Being in arrest or confinement, or otherwise in lawful custody, the offence of escaping or attempting to escape, shall, on conviction by Court-Martial, be liable to suffer— (a) If an officer, dismissal with ignominy or such less punishment as is in this Act mentioned; or (b) If a soldier, imprisonment or such less punishment as is in this Act mentioned. Offences in relation to property. 52.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of taking any fee or advantage in respect of, or being in any illicit way interested in, the sale or purchase of any provisions, stores, arms, equipment or other goods for the use of any of the Forces; or (2) The offence of losing by neglect, wilfully injuring, making away with or being concerned in making away with (whether by way of gift, pawning, selling, destruction or otherwise howsoever) any arms, ammunition, equipment, instruments, clothing or other military property; or (3) The offence of ill-treating any animal used in the public service, shall on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned. Falsifying official documents and false declarations. 53.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of knowingly making or being privy to the making of any misrepresentation or any false or fraudulent statement in any document made, signed, or certified by him, or of the contents of which it is his duty to ascertain the accuracy; or (2) The offence of knowingly making or knowingly being privy to the making of any false or fraudulent statement; or (3) The offence of knowingly suppressing or altering, destroying or making away with any document which it is his duty to preserve or produce; or (4) The offence of knowingly making or knowingly being privy to the making of any omission from any document made, signed or certified by him, or of the contents of which it is his duty to ascertain the accuracy, or from any report or statement made or sent by him, and which it is his duty to make or send, with the intent thereby to defraud or mislead; or (5) The offence of refusing, or by culpable neglect omitting, to make or send a report or return which it is his duty to make or send; or (6) The offence of making any false declaration in any statement, report or return which it is his duty to make or send, knowing the same to be false, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned. False accusation. 54.—Every person subject to military law who commits the following offence, that is to say:— The offence of making any false accusation against any other person subject to military law knowing such accusation to be false, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned. False accusation or false statement. 55.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of knowingly making any statement which by reason of falsity or the suppression of material facts, is calculated seriously to injure or affect the character of any other person subject to military law; or (2) Being a soldier the offence of knowingly making any false statement to a military officer or District Justice or Peace Commissioner, in respect of leave of absence; or (3) Being a soldier the offence of falsely stating to his commanding officer that he has been guilty of desertion or fraudulent enlistment, shall, on conviction by Court-Martial be liable to suffer imprisonment or such less punishment as is in this Act mentioned. Offences in relation to Courts-Martial. 56.—Every person subject to military law who commits any of the following offences, that is to say:— (1) The offence of making default in attending after being duly summoned, or ordered to attend as a witness at a Court-Martial; or (2) The offence of refusing to take an oath or make a solemn declaration lawfully required by a Court-Martial to be taken or made; or (3) The offence of refusing to produce any document in his power, possession or procurement lawfully required by a Court-Martial to be produced by him; or (4) The offence of refusing when a witness to answer any question to which a Court-Martial may lawfully require an answer; or (5) The offence of contempt of Court-Martial by using threatening or insulting language, or by causing any interruption or disturbance in the proceedings, shall, on conviction by Court-Martial be liable to suffer— (a) if an officer, imprisonment or such less punishment as is in this Act mentioned; or (b) if a soldier, detention or such less punishment as is in this Act mentioned: Provided that where a person subject to military law is guilty of any of the offences mentioned in this Section, such Court, if they think expedient, instead of the offender being tried by another Court-Martial, may by Order under the hand of the President, order the offender if an officer to be imprisoned without hard labour for a period not exceeding one month; or if a soldier, to undergo detention for a period not exceeding 21 days; and such Order shall not require any such confirmation as is hereinafter in this Act mentioned. False evidence. 57.—Ev …