(8)The discharging authority shall be any one of the following:— (a) The Minister. (b) The Adjutant-General. (c) Any other officer duly authorised. (d) Where the sentence was passed by the Commanding Officer of the soldier undergoing detention, such Commanding Officer.
\n
Inquiry as to and confession of Desertion.
\n
Inquiry by Court on absence of a soldier.
\n
119.—(1) When any soldier has been absent without leave from his duty for a period of twenty-one days, a Court of Inquiry may as soon as practicable be assembled and enquire in the prescribed manner on oath or solemn declaration (which such Court is hereby authorised to administer) respecting the fact of such absence, and the deficiency (if any) in the arms, ammunition, equipments, instruments, regimental necessaries, or clothing of the soldier and if satisfied of the fact of such soldier having absented himself without leave or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency (if any) and the Commanding Officer of the absent soldier shall enter in the regimental books a record of the declaration of such Court.
\n
(2)If the absent soldier does not afterwards surrender or is not apprehended, such record shall have the legal effect of a conviction by Court-Martial for desertion.
\n
Confession by soldier of desertion or fraudulent enlistment.
\n
120.—(1) Where a soldier signs a confession that he has been guilty of desertion or fraudulent enlistment, a competent military authority may, by the order dispensing with his trial by Court-Martial, or by any subsequent order award the same forfeitures and the same deductions from pay (if any) as a Court-Martial could award for the said offence, or as are consequential upon conviction by Court-Martial for the said offence, except such of them as may be mentioned in the order.
\n
(2)If upon any such confession, evidence of the truth or falsehood of such confession cannot then be conveniently obtained, the record of such confession countersigned by the Commanding Officer of the soldier shall be entered in the regimental books, and such soldier shall continue to do duty in the corps to which he may be transferred, until he is discharged or transferred to the Reserve, or until legal proof can be obtained of the truth or falsehood of such confession.
\n
(3)The competent military authority for the purpose of this Section means the Minister or any prescribed general officer.
\n
Restitution of Stolen Property.
\n
Power as to restitution of stolen property.
\n
121.—(1) Where a person has been convicted by Court-Martial of having stolen, embezzled, received knowing it to be stolen or otherwise unlawfully obtained any property, and the property or any part thereof is found in the possession of the offender, the authority confirming the finding and sentence of such Court-Martial or the Minister, may order the property so found to be restored to the person appearing to be the lawful owner thereof.
\n
(2)A like order may be made with respect to any property found in the possession of such offender which appears to the confirming authority or the Minister to have been obtained by the conversion or exchange of any of the property stolen, embezzled, received or unlawfully obtained.
\n
(3)Moreover where it appears to the confirming authority or the Minister, from the evidence given before the Court-Martial that any part of the property stolen, embezzled, received or unlawfully obtained, was sold to or pawned with any person without any guilty knowledge of the person purchasing or taking in pawn the property, the confirming authority or the Minister may on the application of that person and on the restitution of the said property to the owner thereof, order that out of the money (if any) found in the possession of the offender a sum not exceeding the amount of the proceeds of the said sale or pawning, shall be paid to the said person purchasing or taking in pawn.
\n
(4)An order under this Section shall not bar the right of any person, other than the offender or any one claiming through him, to recover any property or money delivered or paid in pursuance of an order under this Section from the person to whom the same is so delivered or paid.
\n
Redress of Wrongs.
\n
Mode of complaint by officer.
\n
122.—If an officer thinks himself wronged by his Commanding Officer, and on due application made to him, does not receive the redress to which he may consider himself entitled, he may complain in the prescribed manner to the Minister in order to obtain justice, who is hereby required to examine into such complaint.
\n
Mode of complaint by soldier.
\n
123.—If any soldier thinks himself wronged in any matter by any officer other than his captain, or by any soldier, he may complain thereof to his captain and if he thinks himself wronged by his captain either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his Commanding Officer, and if he thinks himself wronged by his Commanding Officer either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to the prescribed general officer, and every officer to whom a complaint is made in pursuance of the Section, shall cause such complaint to be inquired into and shall if on enquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter so complained of.
\n
Declaration as to Military Command.
\n
Military command.
\n
124.—(1) It is hereby declared that the Minister may, in such manner as to him may from time to time seem meet, make regulations as to the persons to be invested as officers or otherwise, with command over the Forces or any part thereof, or any person belonging thereto, and as to the mode in which such command is to be exercised; provided that command shall not be given to any person over a person superior in rank to himself.
\n
(2)Nothing in this Section shall be deemed to be in derogation of any power otherwise vested in the Minister.
\n
Power of Minister to make Rules.
\n
Power to Minister to make rules of procedure.
\n
125.—(1) Subject to the provisions of this Act, the Minister may, by rules, from time to time make and when made, repeal, alter or add to, provisions in respect of the following matters or any of them, that is to say:— (a) The assembly and procedure of Courts of Inquiry. (b) The convening and constitution of Courts-Martial. (c) The adjournment, dissolution and sittings of Courts-Martial. (d) The procedure to be observed in trials by Courts-Martial. (e) The confirmation and revision of the findings and sentences of Courts-Martial. (f) The carrying into effect sentences of Courts-Martial. (g) The forms of orders to be made under the provisions of this Act relating to Courts-Martial, penal servitude, imprisonment or detention. (h) Any matter in this Chapter of this Part of this Act directed to be prescribed. (i) Any other matter or thing expedient or necessary for the purpose of carrying this Act into execution so far as relates to the investigation, trial or punishment of offences triable or punishable by military law.
\n
(2)Provided always, that no such rules shall contain anything contrary to or inconsistent with the provisions of this Act.
\n
(3)All rules made in pursuance of this Section shall be judicially noticed.
\n
(4)All rules made in pursuance of this Section shall be laid before each House of the Oireachtas as soon as practicable after they are made, if the Oireachtas be then sitting, and if the Oireachtas be not then sitting, as soon as practicable after the beginning of the then next session of the Oireachtas.
\n
(5)The rules as to the procedure of Courts of Inquiry may provide for evidence being taken on oath, and may empower Courts of Inquiry to administer oaths for that purpose.
\n
(6)The rules as to the investigation of a charge may provide for a written summary of the evidence being taken on oath, and may empower a Commanding Officer or any officer, before whom he directs such summary to be taken, to administer oaths for that purpose.
\n
(7)The Rules Publication Act, 1893, shall not apply to rules made under this Section.
\n
CHAPTER II.
\n
Pay.
\n
Authorised deductions from pay only to be made.
\n
126.—The pay of an officer or soldier of the forces shall be paid without any deduction other than the deductions authorised by this Act or any Regulations to be made thereunder, or by any other Act of the Oireachtas.
\n
Automatic forfeiture of pay of officers.
\n
127.—In the case of an officer, pay shall be automatically forfeited for every day— (a) Of absence on desertion or without leave. (b) Whilst he is in custody on a charge for an offence resulting in a conviction by a Civil Court. (c) Whilst he is in custody on a charge resulting in a conviction by Court-Martial unless the Court-Martial shall otherwise direct.
\n
Automatic forfeiture of pay of soldiers.
\n
128.—In the case of a soldier, pay shall be automatically forfeited for every day— (a) Of absence on desertion or without leave. (b) Whilst he is in custody on a charge for an offence resulting in a conviction by a Civil Court. (c) Whilst he is in custody on any charge resulting in a conviction by a Court-Martial (unless the Court-Martial shall otherwise direct). (d) Whilst he is in custody on a charge of absence without leave for which he is afterwards awarded detention by his Commanding Officer. (e) Of imprisonment awarded by a Court-Martial or a Civil Court. (f) Of detention awarded by a Court-Martial or his Commanding Officer.
\n
Definition of expression “Day.”
\n
129.—For the purposes of Sections 127 and 128 of this Act, the Minister may by regulation or order from time to time declare what shall be deemed a day of absence, a day in custody, or a day of imprisonment or detention, so however that— (a) No person shall be treated as absent, in custody, imprisoned or detained for the purposes aforesaid unless such absence, custody, imprisonment or detention has lasted six hours or upwards, except where the absence prevented the absentee from performing some military duty which was thereby thrown on some other person; (b) A period of absence, a period in custody, a period of imprisonment or detention which commences before and ends after midnight may be reckoned as a day; (c) The number of days shall be reckoned as from the time when the absence, custody, imprisonment, or detention commences; and (d) No period less than twenty-four hours shall be reckoned as more than one day.
\n
Deductions from ordinary pay of officers which may be made.
\n
130.—The following deductions may be made from the ordinary pay due to an officer:— (a) The sum required to make good such compensation for any expense, loss, damage or destruction occasioned by the commission of any offence as may be awarded by the Court-Martial by which he is convicted of such offence. (b) The sum required to make good the pay of any officer or soldier which he has unlawfully retained or unlawfully refused to pay. (c) The sum required to pay any fine awarded by a Court-Martial or a Civil Court. (d) The sum required to make good any loss, damage or destruction of public property, which after due investigation appears to the Minister to have been occasioned by any wrongful act or negligence on the part of the officer.
\n
Deductions from ordinary pay of soldiers which may be made.
\n
131.—The following deductions may be made from the ordinary pay due to a soldier:— (a) All ordinary pay for every day on which he is in hospital on account of sickness certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him. The expression “day” in this sub-section shall mean a complete day of twenty-four hours. (b) The sum required to make good such compensation for any expense, loss, damage or destruction occasioned by the commission of any offence as may be awarded by the Court-Martial by which he is convicted of such offence or where he has confessed the offence and his trial is dispensed with by order under
\n
Section 120
\n
(1)of this Act as may be awarded by that order or by any other order of a competent military authority under that Section. (c) The sum required to make good such compensation for any expenses caused by him or for any loss of or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments or regimental necessaries or to any buildings or property as may be awarded by his Commanding Officer or by a Court-Martial, provided that in the case of an award by a Commanding Officer the amount to be deducted shall in no case exceed £10. (d) The share he is required to contribute as belonging to a unit towards compensation for barrack damage which after due investigation to be held in the prescribed manner, appears to have been occasioned by the wilful act or negligence of a person or persons who cannot be identified, belonging to the unit, during the period while such unit was in occupation.
\n
For the purpose of this paragraph, the expression “barrack damage” means damage to or loss or destruction of any premises in which soldiers are quartered or billeted, or any appurtenances, fixtures, furniture or effects therein or appertaining thereto, and the expression “unit” includes any part of a unit. (e) The sum required to pay a fine awarded by a Court-Martial, his Commanding Officer, Company-Commander or a Civil Court. (f) The sum required to pay any sum ordered by the Minister or any officer deputed by him for the purpose, to be paid as mentioned in this Act for the maintenance of his wife or child or any bastard child, or towards the cost of any relief given by way of loan to his wife and child:
\n
Provided that the deduction from ordinary pay under this Section shall not in any week exceed two-thirds of the offender's pay for that week.
\n
How automatic forfeiture of and deductions from ordinary pay may be remitted.
\n
132.—Any automatic forfeiture of pay or deduction from pay authorised by this Act may be remitted by the Minister.
\n
Supplemental as to deductions from ordinary pay.
\n
133.—(1). Any sum authorised by this Act to be deducted from the ordinary pay of an officer or soldier may, without prejudice to any other mode of recovering the same, be deducted from the ordinary pay or from any sums due to such officer or soldier in such manner, and when deducted or recovered may be appropriated in such manner, as may from time to time be directed by any regulation or order of the Minister.
\n
(2). In cases of doubt as to the proper issue of pay or the proper automatic forfeiture of or deduction from pay due to any officer or soldier that pay may be withheld until the order of the Minister respecting it has been signified, which order shall be final.
\n
Prohibition of assignment of pay, etc.
\n
134.—Every assignment of and every charge on and every agreement to assign or charge any pay payable to any officer or soldier, or any pension, allowance or relief payable to any such officer or soldier or his wife, widow, child or other relative, or to any person in respect of military service shall be void.
\n
Punishment of false oath and personation.
\n
135.—(1) Where any regulations to be made by the Minister or the Minister for Finance with respect to the payment of any military reward, pension, or allowance, or any sum payable in respect of military service, or with respect to the payment of money or delivery of property in the possession of the military authorities, provide for proving on oath or by statutory declaration, the identity of the recipient or any other matter in connection with such payment, such oath may be administered and declaration taken by the person mentioned in the regulations, and any person who in such oath or declaration wilfully makes any false statement, shall be liable to punishment for perjury.
\n
(2)Any person who falsely represents himself to any military or civil authority to belong to or to be a particular man in the Forces, or in the Reserve to be established under any Act of the Oireachtas, shall be deemed to be guilty of personation.
\n
(3)Any person who is guilty of an offence under the False Personation Act, 1874, in relation to any military pay, reward, pension, or allowance, or to any sum payable in respect of military service, or to any money or property in the possession of the military authorities, or is guilty of personation under this Section, shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty-five pounds.
\n
(4)Provided that nothing in this Section shall prevent any person from being proceeded against and punished under any other enactment or at common law in respect of any offence, so that he be not punished twice for the same offence.
\n
CHAPTER III.
\n
Prisons and Detention Barracks.
\n
Duty of Governor of prison to receive prisoners, deserters and absentees without leave.
\n
136.—(1) The Governor of every prison in Saorstát Eireann shall receive and confine, until discharged or delivered over in due course of law, all prisoners sent to such prison in pursuance of this Act, and every person delivered into his custody as a deserter or absentee without leave by any person conveying him under legal authority, on production of the warrant of a Court of Summary Jurisdiction on which such deserter or absentee without leave has been taken or committed, or of some order from the Minister which order shall continue in force until the deserter or absentee without leave has arrived at his destination.
\n
(2)Every such Governor shall also receive into his custody for a period not exceeding seven days, any soldier in military custody upon delivery to him of a written order purporting to be signed by the Commanding Officer of such soldier.
\n
(3)The provisions of this Section with respect to the Governor of a prison shall apply to a person having charge of any police station or other place in which prisoners may legally be confined.
\n
Establishment and regulation of military prisons.
\n
137.—(1) It shall be lawful for any Executive Minister to set apart any building or part of a building under the control of such Minister as a military prison or detention barrack, or as a public prison for the imprisonment of military prisoners and to declare that any such building, or part of a building, shall be a military prison or a detention barrack, or a public prison, as the case may be, and every military prison so declared shall be deemed to be a public prison within the meaning of the provisions of this Act relating to imprisonment.
\n
(2)It shall be lawful for an Executive Minister from time to time to make, alter, and repeal rules for the government, management, and regulation of military prisons and detention barracks, and for the appointment and removal, and powers of inspectors, visitors, governors, and officers thereof, and for the labour of military or other prisoners and soldiers undergoing detention therein, and for enabling such prisoners or soldiers to earn by special industry and good conduct, a remission of a portion of their sentence and for the safe custody of such prisoners or soldiers, and for the maintenance of discipline among them, and for the punishment by personal correction, restraint, or otherwise of offences committed by such prisoners or soldiers, so however that such rules shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment or detention more severe than it is under the law in force for the time being in any prison in Saorstát Eireann subject to the General Prisons (Ireland) Act, 1877 , and provided that all regulations made under the Prisons Act, 1898, as to the duties of gaolers and medical officers, and all the regulations contained in the Capital Punishment Amendment Act, 1868, and the General Prisons (Ireland) Act, 1877 , as to the duties of Coroners with respect to inquests in prisons and detention barracks, shall be contained in such rules, so far as the same can be made applicable.
\n
(3)Such rules may apply to such prisons and detention barracks any enactments of the Prisons Act, 1865, imposing punishments on any persons not prisoners.
\n
(4)All rules made by a Minister in pursuance of this Section shall be laid before each House of the Oireachtas as soon as practicable after they are made, if the Oireachtas be then sitting, and if not, as soon as practicable after the commencement of the then next session of the Oireachtas.
\n
(5)The powers of a Minister under this Section with respect to military prisons and detention barracks shall be exercisable by the General Officer Commanding in the field, and shall include a power of declaring any place to be a military prison or a detention barracks, and the limitations on the power of making rules as to the punishment of prisoners and soldiers undergoing detention, and as to the severity of imprisonment and detention shall not apply: Provided that nothing in this sub-section or in any rules made thereunder shall authorise flogging or other corporal punishment to be inflicted for any offence.
\n
Classification of prisoners.
\n
138.—Whereas it is expedient that a clear difference should be made between the treatment of prisoners convicted of breaches of discipline and the treatment of prisoners convicted of offences of an immoral, dishonest, shameful, or criminal character, or sentenced to be discharged from the service with ignominy, the Minister may, from time to time, make rules for the classification and treatment of such prisoners.
\n
CHAPTER IV.
\n
Exemptions of Officers and Soldiers.
\n
Exemptions of officers and soldiers from tolls.
\n
139.—(1) All officers and soldiers of the Forces on duty or on the march; and Their horses and baggage; and All prisoners under military escort; and All motor cars, carriages and horses belonging to the Forces or employed in military service, when conveying any such persons as above in this Section mentioned, or baggage or stores, or returning from conveying same, shall be exempted from payment of any duties or tolls on embarking or disembarking from or upon any pier, wharf, quay, or landing place, or in passing along or over any turnpike or other road or bridge, otherwise demandable by virtue of any Act of Parliament or of the Oireachtas already passed or hereafter to be passed:
\n
Provided that nothing in this Section shall exempt any boats, barges or other vessels employed in conveying the said persons, horses, baggage, or stores, along any canal from payment of tolls in like manner as other boats, barges, and vessels.
\n
(2)Any person who demands and receives any duty, toll, or rate in contravention of this Section shall, on summary conviction, be liable to a fine not exceeding five pounds nor less than ten shillings.
\n
Exemption of soldiers in respect of civil process.
\n
140.—(1) A soldier of the Forces shall not be liable to be taken out of the service by any process, execution, or Order of any Court of Law or otherwise, or to be compelled to appear in person before any Court of Law, except in respect of the following matters, or one of them; that is to say:— (a) On account of a charge of or conviction for crime; or (b) On account of any debt, damages or sum of money, when the amount exceeds thirty pounds over and above all costs of suit.
\n
(2)For the purposes of this Section a crime shall mean a felony, misdemeanour, or other crime or offence punishable, with fine or imprisonment or some greater punishment, and shall not include the offence of a person absenting himself from his service or neglecting to fulfil his contract, or otherwise misconducting himself respecting his contract.
\n
(3)For the purposes of this Section, a Court of Law shall be deemed to include a Court of Summary Jurisdiction and any District Justice.
\n
(4)The amount of the debt, damages or sum shall be proved, for the purpose of any process issued before the Court has adjudicated on the case, by an affidavit of the person seeking to recover the same or some one on his behalf, and such affidavit shall be sworn without payment of any fee, in the manner in which affidavits are sworn in the Court in which proceedings are taken for the recovery of the sum, and a memorandum of such affidavit shall, without fee, be endorsed upon any process or order issued against a soldier.
\n
(5)All proceedings and documents in or incidental to a process, execution, or order in contravention of this Section shall be void; and where complaint is made by a soldier or his Commanding Officer that such soldier is dealt with in contravention of this Section by any process, execution or order issued out of any Court, and is made to that Court or to any Court superior to it, the Court or some judge thereof shall examine into the complaint and shall, if necessary, discharge such soldier without fee, and may award reasonable costs to the complainant, which may be recovered as if costs had been awarded in his favour in any action or other proceeding in such Court.
\n
Provided that:— Any person having cause of action or suit against a soldier of the Forces, may, notwithstanding anything in this Section, after due notice in writing given to the soldier, or left at his last quarters, proceed in such action or suit to judgment, and have execution other than against the person, pay, arms, ammunition, equipment, regimental necessaries or clothing of such soldier.
\n
Liability of soldier to maintain wife and children.
\n
141.—(1) A soldier of the Forces shall be liable to contribute to the maintenance of his wife and children, and also to the maintenance of any bastard child of which he may be proved to be the father, to the same extent as if he were not a soldier; but execution in respect of any such liability or of any order or decree in respect of such maintenance shall not issue against his person, pay, arms, ammunition, equipment, instruments, regimental necessaries, or clothing; nor shall he be liable to be punished for the offence of deserting or neglecting to maintain his wife or family, or any member thereof, or of leaving her or them chargeable to any union, parish or place.
\n
(2)When an order or decree is made under any act or at common law for payment, by a man who is or subsequently becomes a soldier of the Forces, either of the cost of the maintenance of his wife or child, whether legitimate or illegitimate, or of any bastard child of whom he is the putative father, or of the cost of any relief given to his wife or child whether legitimate or illegitimate by way of loan, a copy of such order or decree shall be sent to the Minister or any officer deputed by him for the purpose, and in the case— (a) Of such order or decree being so sent; or (b) Of it appearing to the satisfaction of the Minister, or any officer deputed by him for the purpose, that a soldier of the regular forces has deserted or left in destitute circumstances, without reasonable cause, his wife or any of his legitimate children under sixteen years of age, the Minister or officer shall order to be deducted from the daily pay of the soldier, and to be appropriated in liquidation of the sum adjudged to be paid by such order or decree, or towards the maintenance of the wife or children whether legitimate or illegitimate of the soldier, as the case may be, in such manner as the Minister or officer thinks fit, a portion of such daily pay not exceeding— Where the soldier is a non-commissioned officer who is not below the rank of sergeant—in respect of a wife or children, whether legitimate or illegitimate, three shillings.
\n
In the case of any other soldier—in respect of a wife or children, whether legitimate or illegitimate, two shillings.
\n
(3)Where a proceeding is instituted against a soldier of the Forces under any Act, or at common law, for the purpose of enforcing against him any such liability as above in this Section mentioned, then— (a) If at the date of service of the process the soldier is quartered out of the jurisdiction of the Court, or (where the proceeding is before a Court of Summary Jurisdiction), out of the court district of the District Court in which the proceeding is instituted, the process shall be served on his Commanding Officer, and such service shall not be valid unless there be left therewith, in the hands of the Commanding Officer, a sum of money (to be adjudged as costs incurred in obtaining the order or decree, if any order or decree is made against the soldier) of a sufficient amount to enable the soldier to attend the hearing of the case and return to his quarters, and such sum may be expended by the Commanding Officer for that purpose. (b) In any other case the process may be served either on the Commanding Officer or on the soldier, provided that where the process is served on the soldier, a copy thereof shall be sent by the Court by which it is issued to the Commanding Officer by registered post as soon as possible after the process is served, and in any case at least four days before the day fixed or the hearing of the case.
\n
Where, by order or decree sent to the Minister or officer in accordance with sub-section (2) of this Section, the soldier is adjudged to pay as costs incurred in obtaining the order or decree any sum left in the hands of the Commanding Officer under this sub-section, the Minister may cause a sum equal to the sum so left to be paid in liquidation of the sum so adjusted to be paid as costs, and the amount so paid by the Minister shall be a public debt from the soldier against whom the order or decree was made, and without prejudice to any other method of recovery, may be recovered by deductions from his daily pay, in addition to those mentioned in sub-section (2) of this Section.
\n
(4)Where any arrears have accumulated in respect of sums adjudged to be paid by any such order or decree as aforesaid whilst the person against whom the order or decree was made was serving as a soldier of the Forces, whether or not deductions in respect thereof have been made from his pay under this Section then after he has ceased so to serve an order of committal shall not be made in respect of those arrears unless the Court is satisfied that he is able, or has since he ceased so to serve, been able to pay those arrears or any part thereof, and has failed to do so.
\n
Officers not to be sheriffs or mayors.
\n
142.—An officer of the Forces on the active list within the meaning of any order for regulating the pay and promotion of the Forces, shall not be capable of being nominated or elected to be sheriff of any county, borough, or other place, or to be a mayor or an alderman of, or to hold any office in any municipal corporation in any city, borough, or place in Saorstát Eireann, or of being nominated or elected as a member of a county council.
\n
Exemption from jury.
\n
143.—Every officer and soldier in the Forces shall be exempt from serving on any jury.
\n
CHAPTER V.
\n
ENLISTMENT.
\n
Period of Service.
\n
Limit of original enlistment.
\n
144.—A person may be enlisted to serve as a soldier of the Forces for a period of 12 years, or for such less period as may be from time to time fixed by the Minister, but not for any longer period, and the period for which a person enlists is in this Act referred to as the term of his original enlistment:
\n
Provided that the Minister in special cases may, by order, direct that where any boy is enlisted in a particular corps before attaining the age of 18, the period of twelve years shall be reckoned from the day on which he attains the age of eighteen years.
\n
Terms of original enlistment.
\n
145.—The original enlistment of a person under this Act shall be as follows:—
\n
(1)For the whole of the term of his original enlistment in army service; or
\n
(2)For such portion of the term of his original enlistment as may be, from time to time, fixed by the Minister and specified in the attestation paper in army service and for the residue of the said term in the Reserve.
\n
Change of conditions of service.
\n
146.—(1) The Minister may from time to time, by general or special regulations, vary the conditions of service, so as to permit a soldier of the Forces in any service, with the assent of the Minister, either— (a) To enter the Reserve at once for the residue unexpired of the term of his original enlistment; or (b) To extend his army service for all or any part of the residue unexpired of such term; or (c) To extend the term of his original enlistment up to the period of twelve years, or any shorter period.
\n
(2)The Minister may from time to time, by general or special regulations, vary the conditions of service, so as to permit a man in the Reserve, with the assent of the Minister, to re-enter upon army service for all or any part of the residue unexpired of the term of his original enlistment, or for any period of time, not exceeding twelve years in the whole, from the date of his original enlistment.
\n
Reckoning of service.
\n
147.—In reckoning the service of a soldier of the Forces for the purpose of discharge or of transfer to the Reserve— The service shall begin to reckon from the date of his attestation Proceedings for Enlistment.
\n
Mode of enlistment and attestation.
\n
148.—(1) Every person authorised to enlist recruits in the Forces (in this Act referred to as the “recruiter”) shall give to every person offering to enlist a notice in the form for the time being authorised by the Minister stating the general requirements of attestation and the general conditions of the contract to be entered into by the recruit, and directing such person to appear before a District Justice or a Peace Commissioner either forthwith or at the time and place therein mentioned.
\n
(2)Upon the appearance before a District Justice or Peace Commissioner of a person offering to enlist, such District Justice or Peace Commissioner shall ask him whether he has been served with and understands the notice and whether he assents to be enlisted, and shall not proceed with the enlistment if he considers the recruit under the influence of liquor.
\n
(3)If he does not appear before a District Justice or Peace Commissioner or on appearing does not assent to be enlisted, no further proceedings shall be taken.
\n
(4)If he assents to be enlisted— (a) The District Justice or Peace Commissioner after cautioning such person that if he makes any false answer to the questions read to him he will be liable to be punished as provided by this Act, shall read or cause to be read to him the questions set forth in the attestation paper for the time being authorised by the Minister, and shall take care that such person understands each question so read, and after ascertaining that the answer of such person to each question has been duly recorded opposite the same in the attestation paper, shall require him to make and sign the declaration as to the truth of those answers set forth in the said paper and shall then administer to him the oath of allegiance contained in the said paper. (b) Upon signing the declaration and taking the oath, such person shall be deemed to be enlisted as a soldier of the Forces. (c) The District Justice or Peace Commissioner shall attest by his signature in manner required by the said paper, the fulfilment of requirements as to attesting a recruit and shall deliver the attestation paper, duly dated to the recruiter. (d) The fee for attestation of a recruit and for all acts and things incidental thereto, shall be one shilling and no more, and shall be paid to the District Court Clerk. (e) The officer who finally approves of a recruit for service shall, at his request, furnish him with a certified copy of his attestation paper.
\n
(5)The date at which the recruit signs the declaration and takes the oath in this Section in that behalf mentioned shall be deemed to be the date of the attestation of such recruit.
\n
(6)The prescribed military authority if satisfied that there is any error in the attestation paper of a recruit, may cause the recruit to attend before some District Justice or Peace Commissioner, and that District Justice or Peace Commissioner, if satisfied that such error exists and is not so material as to render it just that the recruit should be discharged, may amend the error in the attestation paper, and the paper as amended shall thereupon be deemed as valid as if the matter of the amendment had formed part of the original matter of such paper.
\n
(7)Where the regulations of the Minister under this Part of this Act require duplicate attestation papers to be signed and attested, this Section shall apply to such duplicates, and in the event of any amendment of any attestation paper, the amendment shall be made in both of the duplicate attestation papers.
\n
Power of recruit to purchase discharge.
\n
149.—If a recruit within three months after the date of his attestation, pay for the use of the exchequer of Saorstát Eireann a sum not exceeding ten pounds, he shall be discharged with all convenient speed, unless he claims such discharge during a period when soldiers in army service, who otherwise would be transferred to the Reserve, are required by a proclamation in pursuance of this Act to continue in army service, in which case he may be retained in the service during that period and at the termination thereof shall, if he so require it, on payment then of the said sum, be discharged.
\n
Appointment to Corps and Transfers Enlistment for general service and appointment to corps.
\n
150.—(1) Recruits may, in pursuance of any general or special Regulations from time to time made by the Minister be enlisted for service in particular corps of the Forces, but save as provided in such Regulations (if any) recruits shall be enlisted for general service.
\n
(2)The prescribed military authority shall as soon as practicable after the recruit has undergone such prescribed military training as the Minister may direct, appoint a recruit if enlisted for service in a particular corps to that corps, and if enlisted for general service to some corps of the Forces.
\n
Effect of appointment to a corps and provision for transfers.
\n
151.—A soldier of the Forces, whether enlisted for general service or not, when once appointed to a corps shall serve in that corps for the period of his army service, whether during the term of his original enlistment or during the period of such reengagement as is in this Act mentioned, unless transferred under the following provisions:—
\n
(1)A soldier of the Forces enlisted for general service, may within three months after the date of his attestation or at any time whilst a proclamation ordering the Reserve to be called out on permanent service is in force, be transferred to any corps of the Forces of the same arm or branch of the service, by order of the prescribed military authority;
\n
(2)A soldier of the Forces may at any time with his own consent be transferred by order of the prescribed military authority, to any corps of the Forces;
\n
(3)Where a soldier of the Forces is in pursuance of any of the foregoing provisions transferred to a corps in an arm or branch different from that in which he was previously serving, the prescribed military authority may by order, vary the conditions of his service so as to correspond with the general conditions of service in the arm or branch to which he is transferred;
\n
(4)Where a soldier of the Forces has been transferred to serve on the staff or in any corps not being a corps of infantry, cavalry, artillery, or engineering, he may by order of the prescribed military authority, either during the term of his original enlistment or during the period of his re-engagement be removed from such service and transferred to any corps of the Forces in which he was serving prior to such first mentioned transfer, either in the rank he holds at the time of his removal or any lower rank;
\n
(5)Where a soldier of the Forces— (a) Has been guilty of the offence of desertion or of fraudulent enlistment, and has either been convicted of the same by a Court-martial, or having confessed the offence is liable to be tried, but his trial has been dispensed with by order of the prescribed military authority; or (b) Has been sentenced by Court-Martial for any offence to a punishment not less than detention for a term of three months, such soldier shall be liable in commutation wholly or partly of other punishment, to general service, and may from time to time be transferred to such corps of the Forces as the prescribed military authority may from time to time order;
\n
(6)A soldier of the Forces delivered into military custody or committed by a Court of Summary Jurisdiction as a deserter shall be liable to be transferred by order of the prescribed military authority, to any corps of the Forces near to the place where he is delivered or committed to any other corps to which the prescribed military authority may think it desirable to transfer him without prejudice to his subsequent trial and punishment.
\n
Re-engagement and Prolongation of Service.
\n
Re-engagement of soldier.
\n
152.—(1) Subject to any general or special regulations from time to time made by the Minister, a soldier of the Forces, if in army service, and after the expiration of nine years from the date of his original term of enlistment, may on the recommendation of his Commanding Officer, and with the approval of the prescribed military authority, be re-engaged for such further period of army service as will make up a total continuous period of twenty-one years of army service, reckoned from the date of his attestation, and inclusive of any period previously served in the Reserve.
\n
(2)A soldier of the Forces who is so re-engaged shall make before his Commanding Officer a declaration in accordance with the said regulations.
\n
Continuance in service after 21 years' service.
\n
153.A soldier of the Forces who has completed or will within one year complete a total period of twenty-one years' service, inclusive of any period served in the Reserve, may give notice to his Commanding Officer of his desire to continue in the service in the Forces; and if the prescribed military authority approve he may be continued as a soldier of the Forces in the same manner in all respects as if his term of service were still unexpired, except that he may claim his discharge at the expiration of any period of three months after he has given notice to his Commanding Officer of his wish to be discharged.
\n
Re-engagement and continuance of service of non-commissioned officers.
\n
154.The regulations from time to time made in pursuance of this Part of this Act, may, if it seems expedient, provide that a non-commissioned officer of the Forces who extends his army service for the residue unexpired of his original term of enlistment shall have the right at his option to re-engage, under
\n
Section 153
\n
of this Act and continue his service under
\n
Section 153
\n
of this Act, or to do either of such things subject, nevertheless, to the veto of the Minister or other authority mentioned in the regulations and to such other conditions as are specified in the regulations.
\n
Prolongation of service in certain cases.
\n
155.—(1) Where the time at which a soldier of the Forces would otherwise be entitled to be discharged occurs while a state of war exists, or while soldiers in the Reserve are required by proclamation in pursuance of this Act, to continue in or re-enter upon army service, the soldier may be detained and his service may be prolonged for such period not exceeding twelve months as the prescribed military authority may order, but at the expiration of that period, or any earlier period at which the prescribed military authority considers his services can be dispensed with, the soldier shall, as provided by this Act be discharged with all convenient speed.
\n
(2)Where the time at which a soldier of the Forces would otherwise be entitled to be transferred to the Reserve occurs while a state of war exists, the soldier may be detained in army service for such further period not exceeding twelve months, as the prescribed military authority may order, but at the expiration of that period or any earlier period at which the prescribed military authority considers his services can be dispensed with, the soldier shall with all convenient speed be transferred to the Reserve, unless at that time a proclamation calling out the Reserve, or any part thereof, is in force.
\n
(3)If a soldier required under this Section to be discharged desires, while a state of war exists to continue in the service, and the prescribed military authority approve, he may agree to continue as a soldier of the Forces in the same manner in all respects as if his term of service were still unexpired, except that he may claim his discharge at the end of such state of war, or if it is so provided by such agreement, at the expiration of any period of three months after he has given notice to his Commanding Officer of his wish to be discharged.
\n
(4)A soldier who so agrees to continue shall make before his Commanding Officer a declaration in accordance with any general or special regulations from time to time made by the Minister.
\n
In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service.
\n
156.—(1) It shall be lawful for the Executive Council in case of imminent national danger, or of great emergency by Proclamation, the occasion being first communicated to the Oireachtas if the Oireachtas be then sitting, or if the Oireachtas be not then sitting, declared by the proclamation, to order that all or any soldiers who would otherwise be entitled in pursuance of the terms of their enlistment to be transferred to the Reserve, shall continue in army service.
\n
(2)It shall be lawful for the Executive Council, by such proclamation to order the Minister from time to time to give, and when given to revoke or vary, such directions as may seem necessary or proper for causing all or any of the soldiers mentioned in the proclamation to continue in army service.
\n
(3)Every soldier for the time being required by or in pursuance of such directions to continue in army service, shall continue to serve in army service for the period for which he might be required to serve, if he had been transferred to the Reserve and called out for permanent service by a proclamation of the Executive Council under this Act relating to the Reserve.
\n
(4)Any man who has entered the Reserve in pursuance of the terms of his enlistment, may be called out for permanent service by a proclamation of the Executive Council under the provisions of this Act, relating to the calling out of the Reserves on permanent service.
\n
Discharge and Transfer to the Reserve.
\n
Discharge or transfer to Reserve.
\n
157.—(1) Save as otherwise provided by this Act every soldier of the Forces, upon the completion of the term of his original enlistment, or of the period of his re-engagement, shall be discharged with all convenient speed, but until so discharged, shall be subject to this Act as a soldier of the Forces.
\n
(2)Every soldier of the Forces upon the completion of the period of his army service, if shorter than the term of his original enlistment, shall be transferred to the Reserve, but until so transferred, shall be subject to this Act as a soldier of the Forces.
\n
(3)A soldier of the Forces who is discharged on completion of the term of his original enlistment or his re-engagement, as mentioned in sub-section (1) of this Section, or is transferred to the Reserve, shall be entitled to be conveyed free of cost from the place in Saorstát Eireann where he is discharged or transferred, to the place in which he appears from his attestation paper to have been attested, or to any place at which he may at the time of his discharge or transfer decide to take up his residence and to which he can be conveyed without greater cost.
\n
Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum.
\n
158.—(1) The Minister, or any officer deputed by him for the purpose, may if he think proper, on account of a soldier's lunacy, cause such soldier of the Forces, on his discharge, and his wife and child, or any of them, to be sent to the Parish or Union to which under the Statutes for the time being in force, he appears from the statements made in his attestation paper and other available information to be chargeable; and such soldier, wife, or child, if delivered after reasonable notice at the Workhouse in which persons settled in such Parish or Union are received, shall be received by the Master or other proper officer of such Workhouse, or such Inspector of poor, as the case may be.
\n
(2)Provided that the Minister, or any officer deputed by him for the purpose, where it appears to him that any such soldier is a dangerous lunatic, and is in such a state of health as not to be liable to suffer bodily or mental injury by his removal, may by orders signified under his hand, send such lunatic direct to an Asylum, registered hospital, licensed house, or other place in which pauper lunatics can legally be confined, and for the purpose of the said order, the above-mentioned Parish or Union shall be deemed to be the Parish or Union from which such lunatic is sent.
\n
(3)In the case of any such lunatic, who is liable to be delivered at a Workhouse, at which persons settled in the said Union are received, the Minister or any officer deputed by him for the purpose may, by order under his hand, send such lunatic to the Asylum of the district in which such Union is situate, and such order shall be of the same effect as a warrant under the hands and seals of two Justices given under the provisions of the tenth Section of the Statute passed by the Parliament of the late United Kingdom 30 and 31 Vic., cap. 118, intituled “An Act to provide for the appointment of the Officers and Servants of District Lunatic Asylums in Ireland, and to alter and amend the law relating to the custody of dangerous lunatics and dangerous idiots in Ireland.”
\n
Regulations as to discharge of soldiers.
\n
159.—(1) A soldier of the Forces shall not be discharged from the Forces, unless by sentence of Court-Martial, or by order of the prescribed military authority, and until duly discharged in manner provided by this Act and by regulations of the Minister under this Act, shall be subject to this Act.
\n
(2)To every soldier of the Forces who is discharged for whatever reason he is discharged, there shall be given a certificate of discharge stating such particulars as may be from time to time required by regulations of the Minister under this Act.
\n
Authority to Enlist and Attest Recruits.
\n
Regulations as to persons to enlist and enlistment of soldiers.
\n
160.—(1) The Minister may from time to time make, and when made, revoke and alter a general or special order making such regulations, giving such directions and issuing such forms as he may think necessary or expedient respecting the persons authorised to enlist recruits for the Forces, and for the purpose of such enlistment and generally for carrying this Part of this Act into effect; and any such order shall be of the same effect as if enacted in this Act.
\n
(2)For the purpose of the attestation of soldiers in pursuance of this Part of this Act, an officer if authorised in that behalf under the regulations made by the Minister shall have the authority of a District Justice or Peace Commissioner, and be deemed to be included in the expression—“District Justice” or “Peace Commissioner” whenever used in this Part of this Act in relation to the attestation of soldiers.
\n
Special Provisions as regards Apprentices.
\n
Claims of masters to apprentices.
\n
161.—The master of an apprentice who has been attested as a soldier of the Forces may claim him while under the age of twenty-one years as follows, and not otherwise:—
\n
(1)The master, within one month after the apprentice left his service, must take before a District Justice, the oath in that behalf, specified in the Fourth Schedule to this Act, and obtain from the District Justice a certificate of having taken such oath, which certificate the District Justice shall give in the form in the said Schedule, or to the like effect;
\n
(2)A Court of Summary Jurisdiction within whose jurisdiction the apprentice may be, if satisfied on complaint by the master that he is entitled to have the apprentice delivered up to him, may order the officer under whose command the apprentice is, to deliver him to the master, but if satisfied that the apprentice stated on his attestation that he was not an apprentice, may and if required by or on behalf of the said Commanding Officer, shall, try the apprentice for the offence of making such false statement, and if need be may adjourn the case for the purpose;
\n
(3)Except in pursuance of an order of a Court of Summary Jurisdiction, an apprentice shall not be taken from the service;
\n
(4)An apprentice shall not be claimed in pursuance of this Section unless he was bound for at least four years by a regular indenture, and was under the age of sixteen years when so bound;
\n
(5)A master who gives up the indenture of his apprentice within one month after the attestation of such apprentice shall be entitled to receive to his own use so much of the bounty (if any) payable to such apprentice on enlistment as has not been paid before notice was given of his being an apprentice.
\n
Offences as to Enlistment.
\n
Penalty for unlawful recruiting.
\n
162.—If a person without due authority, the proof of which authority shall lie on such person—
\n
(1)Publishes or causes to be published notices or advertisements for the purpose of procuring recruits for the Forces, or in relation to recruits for the Forces; or
\n
(2)Opens or keeps any house, place or rendezvous, or office as connected with the recruiting of the Forces; or
\n
(3)Receives any person under any such advertisement as aforesaid; or
\n
(4)Directly or indirectly interferes with the recruiting service of the Forces, he shall be liable on summary conviction to a fine not exceeding twenty pounds.
\n
Recruits punishable for false answers.
\n
163.—(1) If a person knowingly makes a false answer to any question contained in the attestation paper, which has been put to him by, or by direction of, the District Justice or Peace Commissioner before whom he appears for the purpose of being attested, he shall be liable on summary conviction to be imprisoned with or without hard labour for any period not exceeding three months.
\n
(2)If a person guilty of an offence under this Section has been attested as a soldier of the Forces, he shall be liable, at the direction of the prescribed military authority, to be proceeded against before a court of summary jurisdiction, or to be tried by Court-Martial for the offence.
\n
Miscellaneous as to Enlistment.
\n
Validity of attestation and enlistment or re-engagement.
\n
164.—(1) Where a person after his attestation on his enlistment or the making of his declaration on re-engagement, has received pay as a soldier of the Forces during three months, he shall be deemed to have been duly attested and enlisted or duly re-engaged, as the case may be, and shall not be entitled to claim his discharge on the grounds of any error or illegality in his enlistment, attestation or re-engagement on any ground whatsoever, save as authorised by this Act, and, if within the said three months, such person claims his discharge, any such error or illegality or other ground shall not, until such person is discharged in pursuance of his claim, affect his position as a soldier in the service, or invalidate any proceedings, act, or thing taken or done prior to such discharge.
\n
(2)Where a person is in pay as a soldier in any corps of the Forces, such person shall be deemed for all purposes of this Act to be a soldier of the Forces, with this qualification, that he may at any time claim his discharge, but until he so claims and is discharged in pursuance of that claim, he shall be subject to this Act as a soldier of the Forces legally enlisted and duly attested under this Act.
\n
(3)Where a person claims his discharge on the ground that he has not been attested or re-engaged or not duly attested or reengaged, his Commanding Officer shall forthwith forward such claim to the prescribed military authority, who shall as soon as practicable submit it to the Minister, and if the claim appears to the Minister to be well grounded the claimant shall be discharged with all convenient speed.
\n
Definition for purposes of Part II. Chapter V. of prescribed military authority.
\n
165.—Any act authorised or required by this Part of this Act to be done by, to, or before the prescribed military authority, may be done by, to, or before the Minister or any officer prescribed in that behalf.
\n
CHAPTER VI.
\n
Billeting and Impressment of Carriages. Billeting of Officers, Soldiers and Horses.
\n
No billeting save as authorised by this Act.
\n
166.—(1) Save as authorised by this Act no officer, soldier or horse shall be billeted on any inhabitant of Saorstát Eireann without his consent.
\n
(2)All statutes and laws authorising, prohibiting or regulating the billeting of officers, soldiers or horses which are in force at the passing of this Act are hereby repealed.
\n
Obligation of constable to provide billets.
\n
167.—(1) Every constable for the time being in charge of any place mentioned in the route issued to the Commanding Officer of any portion of the Forces, shall on the demand of such Commanding Officer, or of an officer or soldier authorised by him, and on production of such route, billet on the occupiers of victualling houses and other premises specified in this Act as victualling houses in that place such number of officers, soldiers and horses entitled under this Act to be billeted as are stated in the route to require quarters.
\n
(2)A route for the purpose of this Part of this Act shall be issued under the authority of the Minister, and shall state the forces to be moved in pursuance of the route, and that statement shall be signed by the Minister or such officer as the Minister may from time to time order in that behalf.
\n
(3)A route purporting to be issued and signed as required by this Section shall be evidence until the contrary is proved of its having been duly issued and signed in pursuance of this Act, and if delivered to an officer or soldier by his Commanding Officer, shall be a sufficient authority to such officer or soldier to demand billets, and when produced by an officer or soldier to a constable shall be conclusive evidence to such constable of the authority of the officer or soldier producing the same to demand billets in accordance with such route.
\n
Liability to provide billets.
\n
168.—(1) Officers, soldiers, and horses may be billeted in any victualling house as defined by this Section, but shall not be billeted in any other house without the consent of the keeper of that house.
\n
(2)In this Act the expression “victualling house” means and includes— (a) All inns and hotels whether licensed or not; (b) All livery stables; (c) All premises licensed for the consumption of wine or spirits on the premises.
\n
Officers, soldiers and horses entitled to be billeted.
\n
169.—The officers, soldiers and horses entitled to be billeted under this Act are:— (a) All officers and soldiers of the Forces (b) All horses belonging to the Forces. (c) All horses belonging to an officer of the Forces for which forage is for the time being allowed by regulations to be made by the Minister.
\n
Accommodation and payment on billet.
\n
170.—(1) The keeper of a victualling house upon whom any officer, soldier or horse is billeted, shall receive such officer, soldier or horse in his victualling house and furnish there the accommodation following:—that is to say, lodging and attendance and food for the officer or soldier, and stable room and forage for the horse, in accordance with the provisions of the Fifth Schedule to this Act.
\n
(2)Where the keeper of a victualling house on whom any officer, soldier or horse is billeted, desires by reason of his want of accommodation or of his victualling house being full, or otherwise, to be relieved from the liability to receive such officer, soldier or horse in his victualling house, and provides for such officer, soldier, or horse, in the immediate neighbourhood such good and sufficient accommodation as he is required by this Act to provide, and as is approved by the constable issuing the billets, he shall be relieved from providing the same in his victualling house.
\n
(3)(a) There shall be paid to the keeper of a victualling house for the accommodation furnished by him in pursuance of this Act the prices for the time being fixed by regulations made by the Minister with the consent of the Minister for Finance. (b) Any regulations as to prices so made shall be laid before each House of the Oireachtas as soon as may be after they are made, and if within forty days after they have been so laid either House passes a resolution requesting the Executive Council to annul such regulations, the Executive Council may annul such regulations and the regulations so annulled shall thenceforth become void without prejudice to anything done thereunder in the meantime.
\n
(4)An officer or soldier demanding billets in pursuance of this Act shall, before he departs, and if he remains longer than four days, at least once in every four days, pay the just demands of every keeper of a victualling house on whom he and any officers and soldiers under his command, and his or their horses (if any) have been billeted.
\n
(5)If by reason of a sudden order to march or otherwise, an officer or soldier is not able to make such payment to any keeper of a victualling house as is above required, he shall, before he departs, make up with such keeper of such victualling house an account of the amount due to him, and sign the same, and forthwith transmit the account so signed to the Minister, who shall forthwith cause the amount named in such account as due to be paid.
\n
Annual list of keepers of victualling houses liable to billets.
\n
171.—(1) The police authority for any place may cause annually a list to be made out of all keepers of victualling houses within the meaning of this Act, in such place or any particular part thereof, liable to billets under this Act, specifying the situation and character of such victualling house, and the number of soldiers and horses who may be billeted on the keeper thereof.
\n
(2)The police authority shall cause such list to be kept at some convenient place open for inspection at all reasonable times by persons interested, and any person who feels aggrieved either by being entered in such list, or by being entered to receive an undue proportion of officers, soldiers, or horses, may complain to a Court of Summary Jurisdiction, and the Court after such notice as the Court think necessary to persons interested, may order the list to be amended in such manner as the Court may think just.
\n
Regulations as to grant of billets.
\n
172.—The following regulations shall be observed with respect to billeting in pursuance of this Act; that is to say:—
\n
(1)No more billets shall at any time be ordered than there are effective officers, soldiers and horses, present to be billeted.
\n
(2)All billets, when made out by the constable, shall be delivered into the hands of the Commanding Officer or non-commissioned officer who demanded the billets or of some officer authorised by such Commanding Officer.
\n
(3)If a keeper of a victualling house feels aggrieved by having an undue proportion of officers, soldiers or horses billeted on him, he may apply to a Peace Commissioner, or if the billets have been made out by a Peace Commissioner, he may complain to a Court of Summary Jurisdiction, and the Peace Commissioner or Court may order such officers or soldiers or horses to be removed and to be billeted elsewhere, as may seem just;
\n
(4)A constable having authority in a place mentioned in the route may act for the purposes of billeting in any locality within one mile from such place, unless some constable ordinarily having authority in such locality is present and undertakes to billet therein the due proportion of officers, soldiers and horses.
\n
(5)The regulations with respect to billets contained in the Fifth Schedule to this Act shall be duly observed by the constable.
\n
(6)A Peace Commissioner on the request of an officer or non-commissioned officer authorised to demand billets may vary a route by adding a place or omitting any place, and also may direct billets to be given above one mile from a place mentioned in the route.
\n
(7)A Peace Commissioner may require a constable to give an account, in writing, of the number of officers, soldiers and horses billeted by such constable, together with the names of the keepers of victualling houses on whom such officers, soldiers and horses are billeted, and the locality of such victualling houses.
\n
Billeting in case of emergency.
\n
173.—(1) The Executive Council may at any time or times by order declare that a state of emergency exists in Saorstát Eireann, or in any parts or part (to be specified in such order) thereof and may by the same order authorise any officer, not below the rank of Commandant, to be named in such order commanding any part of the Forces in any part of Saorstát Eireann in which a state of emergency is by such order declared to exist, to issue a billeting requisition under this Section.
\n
(2)Any officer so authorised may issue a billeting requisition under his hand reciting the said order and requiring the chief officer of police to provide billets in such places and for such number of officers, soldiers, and their horses and for such period, as may be specified in the requisition.
\n
(3)The provisions of this Act as to billeting shall apply to billeting under such a requisition as if for reference therein to a route there were substituted reference to such a requisition, subject, however, to the following modifications:— (a) The occupiers of all public buildings, dwellinghouses, warehouses, barns, and stables shall, as well as the keepers of victualling houses, be liable to billets and the said provisions shall apply as if references to victualling houses and the keepers of victualling houses, included references to such public buildings, dwellinghouses, warehouses, barns and stables and the occupiers thereof; (b) The powers and duties conferred or imposed on a constable shall be exercised and performed by the chief officer of police, and accordingly for references to a constable in the said provisions, there shall be substituted references to the chief officer of police and for the reference to a Peace Commissioner in sub-section (7) of Section one hundred and seventy-two there shall be substituted a reference to a Court of Summary Jurisdiction, but a chief officer of police in selecting the persons required to provide billets, and in determining the number of officers and soldiers to be billeted on any person shall, so far as practicable have regard to the convenience of the several occupiers; (c) The prices to be paid to an occupier other than the keeper of a victualling house for accommodation furnished, and food and fodder supplied by him, shall be such as may be fixed by regulations made by the Minister with the consent of the Minister for Finance; and (d) Sub-section two of Section one hundred and sixty-seven (which defines a route), paragraph (6) of Section one hundred and seventy-two (which relates to the power of a Peace Commissioner to vary a route), and so much of paragraph two of Part I. of the Fifth Schedule to this Act as limits the period during which meals are required to be furnished, and paragraph (2) of Part II. of that Schedule (which requires billets to be made out to the less distant victualling houses), shall not apply.
\n
(4)Any regulations as to prices so made shall be laid before each House of the Oireachtas as soon as may be after they are made, and if within forty days after they have been so laid either House passes a resolution requesting the Executive Council to annul such regulations, the Executive Council may annul such regulations and the regulations so annulled shall thenceforth become void without prejudice to anything done thereunder in the meantime.
\n
(5)For the purpose of this Section— The expression “public building” includes any building wholly or partially provided or maintained out of the rates, and any building to which the public habitually have access, whether on payment or otherwise.
\n
The expression “chief officer of police” as respects the police district of Dublin metropolis, means the Chief Commissioner of Police for that district, and elsewhere means a Superintendent of the Civic Guard.
\n
In the case of unoccupied premises this Section shall apply as if the owner were the occupier thereof.
\n
(6)Compensation shall be paid by the Minister out of money voted by the Oireachtas for defence services in respect of any damage caused by any officer or soldier billeted under this Section to the premises in which he is billeted, and the amount of such compensation shall in the event of disagreement be determined by arbitration under the Common Law Procedure Amendment Act (Ireland), 1856, as amended by any subsequent enactment.
\n
(7)The provisions of this Act as to billeting shall, whilst any order from the Executive Council under this Section is in force, apply to women who are enrolled for employment by the Minister as they apply to soldiers; and for the purpose of these provisions as so applied, officers of any troops with whom the women to be billeted are employed and the officer commanding those troops shall be deemed in relation to such women to be their officers and officer commanding, and if any such woman is guilty of an offence in relation to billeting mentioned in section fifty-eight of this Act, she shall be punishable on summary conviction in manner provided by sub-section (2) of Section one hundred and seventy-six of this Act.
\n
Offences in Relation to Billeting.
\n
Offences by constables.
\n
174.—If any constable commits any of the offences following, that is to say:—
\n
(1)Billets any officer, soldier or horse on any person not liable to billets without the consent of such person; or
\n
(2)Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve a person from being entered in a list as liable, or from his liability to billets, or from any part of such liability; or
\n
(3)Billets or quarters on any person or premises, without the consent of such person or the occupier of such premises, any person or horse not entitled to be billeted; or
\n
(4)Neglects or refuses after sufficient notice is given, to give billets demanded for any officer, soldier or horse entitled to be billeted, he shall, on summary conviction, be liable to a fine of not less than forty shillings and not exceeding ten pounds.
\n
Offences by keepers of victualling houses.
\n
175.—If a keeper of a victualling house commits any of the offences following, that is to say:—
\n
(1)Refuses or neglects to receive any officer, soldier or horse billeted upon him in pursuance of this Act, or to furnish such accommodation as is required by this Act; or
\n
(2)Gives or agrees to give any money or reward to a constable to excuse or relieve him from his liability to billets, or any part of such liability; or
\n
(3)Gives or agrees to give to any officer or soldier billeted upon him in pursuance of this Act, any money or reward in lieu of receiving an officer, soldier, or horse, or furnishing the said accommodation, he shall, on summary conviction, be liable to a fine of not less than forty shillings and not exceeding five pounds.
\n
Offences by officers or soldiers.
\n
176.—(1) If any officer quarters or causes to be billeted any officer, soldier or horse, otherwise than is allowed by this Act upon any person, he shall be guilty of a misdemeanour.
\n
(2)If any officer or soldier commits any offence in relation to billeting for which he is liable to be punished under Part II., Chapter 1 of this Act, other than an offence in respect of which any other remedy is given by this Chapter of this Part of this Act to the person aggrieved, he shall, upon summary conviction, be liable to a fine not exceeding fifty pounds.
\n
(3)A certificate of a conviction for an offence under this Section shall be transmitted by the Court making such conviction to the Minister, Impressment of Carriages, Etc.
\n
Supply of carriages, etc. for regimental baggage and stores on the march.
\n
177.—(1) Every District Justice or Peace Commissioner in Saorstát Eireann having jurisdiction in any place mentioned in a route issued to the Commanding Officer of any portion of the Forces shall, on the demand of such Commanding Officer, or of an officer or non-commissioned officer authorised by him, and on production of such route issue his warrant requiring some constable having authority in such place, to provide, within a reasonable time to be named in the warrant, such carriages, animals, and drivers as are stated to be required for the purpose of moving the regimental baggage and regimental stores of the Forces mentioned in the route in accordance with the route; and the constable shall execute such warrant, and persons having carriages and animals suitable for the said purpose shall, when ordered by the constable in pursuance of such warrant, furnish the same in a state fit for use for the aforesaid purposes.
\n
(2)The route, for the purpose of this Section, shall be such route as is mentioned in the foregoing provisions of this Chapter of this Part of this Act with respect to billeting.
\n
(3)A route purporting to be issued and signed as required by these provisions, if delivered to an officer or non-commissioned officer, by his Commanding Officer, shall be a sufficient authority to such officer or non-commissioned officer to demand carriages and animals in pursuance of this Act, and when produced by an officer or a non-commissioned officer, shall be conclusive evidence to a District Justice, Peace Commissioner and a constable of the authority of the officer or non-commissioned officer producing the same to demand carriages and animals in accordance with such route.
\n
(4)The warrant ordering carriages, animals and drivers, to be provided shall specify the number and description of the carriages, and animals, and also the places from and to which the same are to travel, and the distance between such places.
\n
(5)When sufficient carriages or animals cannot be procured within the jurisdiction of the said District Justice or Peace Commissioner, any District Justice or Peace Commissioner having jurisdiction in the next adjoining place shall, by a like course of procedure, supply the deficiency.
\n
(6)A fee of one shilling, and no more, shall be paid for the warrant by the officer or non-commissioned officer applying for the same, and shall be paid to the District Court Clerk.
\n
Payment and regulations as to carriages, etc.
\n
178.—(1) There shall be paid in respect of the carriages furnished in pursuance of this Part of this Act, the rates specified in the Sixth Schedule to this Act and the regulations contained in that Schedule shall be duly observed.
\n
(2)The officer or non-commissioned officer who demands carriages or animals in pursuance of this Part of this Act shall pay the sum due in respect of the same to the owners or drivers of the carriages or animals and one third part of such payment shall in each case, if required, be made before the carriage is loaded, and such payments shall be made, if required, in the presence of a Peace Commissioner or constable.
\n
(3)If an officer or non-commissioned officer is from any cause unable to pay the amount due to the owner or driver of any motor vehicle, carriage or animal, he shall make up with such owner or driver and sign an account of the amount due to him, and forthwith transmit the account so signed to the Minister, who shall forthwith cause the amount named therein to be paid to such owner or driver.
\n
Annual list of persons liable to supply carriages and animals.
\n
179.—(1) The authority hereinafter mentioned for any place may cause annually a list to be made out of all persons in such place, or any particular part thereof, liable to furnish carriages and animals under this Act, and of the number and description of the carriages and animals of such persons; and where a list is so made, any District Justice or Peace Commissioner may by warrant require any constable or constables having authority within such place to give from time to time, on demand by an officer or non-commissioned officer under this Act, orders to furnish carriages and animals, and such warrant shall be executed as if it were a special warrant issued in pursuance of this Act on such demand, and the orders shall specify the like particulars as such special warrant.
\n
(2)For the purpose of assisting the authority hereinafter mentioned in the preparation of such list as aforesaid, any proper officer authorised in that behalf by the authority shall be entitled at all reasonable times to enter any premises in which he has reason to believe that any carriages or animals are kept, and to inspect any carriages or animals which may be found therein.
\n
In this provision the expression “proper officer” means any officer or person of such rank or class or description as may be specified in an order of the Minister made for the purpose.
\n
(3)With respect to horses, the following provisions shall have effect:— (a) It shall be the duty of the owner of any horse, and the occupier of any premises where horses are kept, to furnish, if so required, to the authority hereinafter mentioned, before such date in each year as may be prescribed, a return specifying the number of horses belonging to him or kept on his premises, and giving with respect to every horse such details as may be so prescribed; he shall also afford all reasonable facilities for enabling any horse belonging to him or kept on his premises to be inspected and examined as and when required by the said authorities; if any person fails to comply with any of the requirements of this paragraph, he shall be liable on summary conviction for each offence to a fine not exceeding fifty pounds. (b) The Minister may for the purposes of this sub-section make regulations prescribing anything which under this sub-section is to be prescribed, and prescribing the forms to be used, and generally for the purpose of carrying this sub-section into effect. (c) Regulations made by the Minister may provide for excepting from the provisions of this sub-section horses of any class or description specified in the regulations.
\n
(4)The authority hereinafter mentioned shall cause such list to be kept at some convenient place open for inspection at all reasonable times by persons interested, and any person who feels aggrieved either by being entered in such list, or by being entered to furnish any number or description of carriages, or animals which he is not liable to furnish, may complain to a Court of Summary Jurisdiction, and the Court, after such notice as the Court think necessary to persons interested, may order the list to be amended in such manner as the Court may think just.
\n
(5)All orders given by constables for furnishing carriages and animals shall as far as possible, be made from such list in regular rotation.
\n
(6)If any officer is obstructed in the exercise of his powers under this Section, a District Justice or Peace Commissioner may, if satisfied by information on oath, that the officer has been so obstructed, issue a search warrant authorising the constable named therein, accompanied by the officer to enter the premises in respect of which the obstruction took place at any time between 6 o'clock in the morning and 9 o'clock in the evening, and to inspect any motor vehicles, carriages or animals that may be found therein.
\n
(7)The authority for the purpose of this Section shall be the Minister or any authority or persons to whom the Minister may delegate his powers under this Section.
\n
Impressment of carriages, etc., in cases of emergency.
\n
180.—(1) The Executive Council may at any time or times by order under their hand declare that a state of emergency exists in Saorstát Eireann, or in any part or parts (to be specified in such order) thereof, and may by the same order authorise any officer not below the rank of Commandant (to be named in such order) commanding any part of the Forces in any part of Saorstát Eireann in which a state of emergency is by such order declared to exist to issue a requisition under this Section (hereinafter referred to as a requisition of emergency).
\n
(2)Any officer so authorised may issue a requisition of emergency under his hand reciting the said order, and requiring District Justices or Peace Commissioners to issue their warrants for the provision, for the purpose mentioned in the requisition, of such carriages and animals as may be provided under the foregoing provisions, and also of carriages of every description, including motor cars or other locomotives whether for the purpose of carriage or haulage, and of horses of every description, whether kept for saddle or draft, and also of vessels (whether boats, barges, or other) used for the transport of any commodities whatsoever upon any canal or navigable river, and also of aircraft of every description, and also of food, forage, and stores of every description.
\n
(3)A District Justice or Peace Commissioner on demand by an officer of the portion of the Forces mentioned in a requisition of emergency, or by an officer authorised by the Minister in this behalf, and on production of the requisition, shall issue his warrant for the provision of such carriages, animals, vessels, aircraft, food, forage and stores as are stated by the officer producing the requisition of emergency to be required for the purpose mentioned in the requisition, and such warrant shall be executed in like manner, and all the provisions of this Act as to the provision or furnishing of carriages and animals, including those respecting fines on officers, non-commissioned officers, District Justices or Peace Commissioners, constables, or owners of motor-vehicles, carriages or animals, shall apply in like manner as in the case where a District Justice or Peace Commissioner issues, in pursuance of the foregoing provisions of this Act, a warrant for the provision of carriages and animals, and shall apply to vessels, aircraft, food, forage and stores, in like manner in all respects as they apply to carriages.
\n
(4)A requisition of emergency may authorise any officer mentioned therein to require any motor vehicles, carriages and horses furnished in pursuance of this Section to be delivered at such place (not being more than one hundred miles in the case of a motor car or other locomotive, and not being more than ten miles in the case of any other carriage or horse, from the premises of the owner) and at such time as may be specified by any officer mentioned in the requisition; and in such case it shall be the duty of a constable executing a warrant issued by a District Justice or Peace Commissioner under this Section upon the demand of any officer producing the requisition of emergency to insert in his order such time and place for delivery of any vehicle or horse to which the order relates as may be specified by such officer, and the obligation of the owners to furnish carriages and horses shall include an obligation to deliver the carriages and horses at such place and time as may be specified in such order; and the provisions of this Act shall have effect as if references therein to the furnishing of carriages and horses included, as respects any such carriage or horse as aforesaid, delivery at such time and place as aforesaid.
\n
(5)The Minister shall cause due payment to be made for articles furnished in pursuance of this Section, and if any difference arises respecting the amount of payment for any article, the amount shall be such as may be fixed by a certificate of a County Court Judge having jurisdiction in any place in which such article was furnished or through which it travelled or was carried in pursuance of the requisition; and for the purpose of fixing such amount the provisions set out in the Eighth Schedule to this Act shall have effect.
\n
Where a sum has been paid or tendered by or on behalf of the Minister under this sub-section, that sum shall be deemed to be the amount due, unless within three weeks from the date of payment or tender an application is made to a County Court Judge for his certificate.
\n
(6)Canal, river, or lock tolls are hereby declared not to be demandable for vessels while employed in any service in pursuance of this Section or returning therefrom; and any toll collector who demands or receives toll in contravention of this exemption shall, on summary conviction, be liable to a fine not exceeding five pounds nor less than ten shillings.
\n
(7)A requisition of emergency, purported to be issued in pursuance of this Section and to be signed by an officer therein stated to be authorised in accordance with this Section, shall be evidence, until the contrary is proved, of its being duly issued and signed in pursuance of this Act, and if delivered to an officer of the Forces, shall be a sufficient authority to such officer to demand carriages, animals, vessels, food, forage, and stores in pursuance of this Section, and when produced by such officer shall be conclusive evidence to a District Justice, Peace Commissioner and constable of the authority of such officer to make such demand in accordance with such requisition; and it shall be lawful to convey on such carriages, animals and vessels, not only the baggage, provisions and military stores of the troops mentioned in the requisition of emergency, but also the officers, soldiers, servants, women, children and other persons of and belonging to the same.
\n
(8). Whenever a proclamation ordering the Reserve to be called out on permanent service is in force, the order of the Executive Council authorising an officer to issue a requisition of emergency may authorise him to extend such requisition to the provision of carriages, animals, vessels, aircraft, food, forage, and stores for the purpose of being purchased, as well as of being hired, on behalf of Saorstát Eireann.
\n
(9). Where a District Justice of Peace Commissioner on demand by an officer and on production of a requisition of emergency, has issued his warrant for the provision of any articles, and any person ordered in pursuance of such warrant to furnish any such article refuses or neglects to furnish the same according to the orders; then if a proclamation ordering the Reserve to be called out on permanent service is in force, the said officer may seize (and if need be by force) the article requisitioned, and may use the same in like manner as if it had been furnished in pursuance of the order, but the said person shall be entitled to payment for the same in like manner as if he had duly furnished the same according to the order.
\n
(10)A requisition of emergency issued under this Section may prohibit, during such period as may be specified in the requisition, the sale and purchase of horses to or by any person other than a person appointed by the Minister to purchase horses; and if any person sells or purchases or is concerned in the sale or purchase of a horse in contravention of such prohibition, he shall be liable, on summary conviction, to a fine not exceeding one hundred pounds, or to be imprisoned for a term not exceeding three months, or to both such imprisonment and fine.
\n
Offences in Relation to the Impressment of Carriages, &c.
\n
Offences by constables.
\n
181.—Any constable who—
\n
(1)Neglects or refuses to execute any warrant of a District Justice or Peace Commissioner requiring him to provide carriages, animals, vessels, aircraft, food, forage or stores; or,
\n
(2)Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve any person from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing such article; or,
\n
(3)Orders any such article to be furnished for any person or purpose or on any occasion for and on which it is not required by this Act to be furnished, shall, on summary conviction, be liable to a fine of not less than twenty shillings nor more than twenty pounds.
\n
Offences by persons ordered to furnish carriages, animals, vessels, etc.
\n
182.—A person ordered by a constable in pursuance of this Act to furnish any article who—
\n
(1)refuses or neglects to furnish the same according to the orders of such constable and this Act; or,
\n
(2)gives or agrees to give to a constable or to any officer or non-commissioned officer any money or reward whatsoever to be excused from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing, or in lieu of furnishing, any article in pursuance of this Act; or,
\n
(3)does any act or thing by which the execution of any warrant or order for providing or furnishing any article is hindered, shall, on summary conviction, be liable to pay a fine of not less than forty shillings nor more than ten pounds.
\n
Offences by officers or soldiers.
\n
183.—(1) Any officer or soldier who commits any offence in relation to the impressment of carriages for which he is liable to be punished under Part II., Chapter 1, of this Act, other than an offence in respect of which any other remedy is given by this Chapter of this Part of this Act to the person aggrieved shall, on summary conviction, be liable to a fine not exceeding fifty pounds nor less than forty shillings.
\n
(2)A certificate of a conviction for an offence under this Section shall be transmitted by the Court making such conviction to the Minister.
\n
Supplemental Provisions as to Billeting and Impressment of Carriages.
\n
Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc.
\n
184.—(1) The following persons, that is to say:— (a) If any officer or soldier fails to comply with the provisions of this Part of this Act with respect to the payment of a sum due to a keeper of a victualling house or in respect of motor vehicles, carriages, or animals, or to the making up of an account of the sum due, the person to whom the sum is due; or, (b) If a keeper of a victualling house suffers any ill-treatment by violence, extortion or making disturbance in billets from any officer or soldier billeted upon him, or if the owner of any article or the person in charge of any carriage, animal, vessel or aircraft, furnished in pursuance of this Part of this Act, suffers any ill-treatment, from any officer or soldier, the person suffering such ill-treatment, but, when there is an officer commanding such officer or soldier present at the place, only after first making due complaint, if practicable, to such Commanding Officer, may apply to a Court of Summary Jurisdiction; and such Court, if satisfied on oath of such failure or such ill-treatment, and of the amount fairly due to the applicant, including the costs of his application to the Court of Summary Jurisdiction, shall certify such amount to the Minister, who shall forthwith cause the amount due to be paid.
\n
(2)Provided that the Minister, if it appears to him that the amount in such certificate is not justly due, or is in excess of the amount justly due, may direct a complaint to be made to a Court of Summary Jurisdiction for the county, borough, or place for which the Court giving the certificate acted, and the Court after hearing the case may, by order, confirm the said certificate, or vary it in such manner as to the Court seems just.
\n
Provisions as to constables, police authorities and peace commissioners.
\n
185.—A constable shall observe the directions given to him for the due execution of this Part of this Act by the police authority; and the police authority, and every Peace Commissioner may, if it seems necessary, and in the absence of a constable shall, himself exercise the powers and perform the duties by this Part of this Act vested in or imposed on a constable, and in such case every such person is in this Part of this Act included in the expression “constable.”
\n
Fraudulent claim for carriages; animals, etc.
\n
186.—If any person—
\n
(1)Forges or counterfeits any route or requisition of emergency, or knowingly produces to a District Justice, Peace Commissioner or constable any route or requisition of emergency so forged or counterfeited; or,
\n
(2)Personates or represents himself to be an officer or soldier authorised to demand any billet, or any carriage, animal, vessel, aircraft, food, forage, or stores, or to be entitled to be billeted, or have his horse billeted, or personates or represents himself to be a person authorised to act in the purchase or hire for the purpose of the military service of Saorstát Eireann, of any carriage, animal, vessel, aircraft, food, forage or stores; or,
\n
(3)Produces to a District Justice or a Peace Commissioner or constable a route or requisition which he is not authorised to produce, or a document falsely purporting to be a route or requisition; he shall be liable, on summary conviction, to imprisonment for a period not exceeding three months, with or without hard labour, or to a fine of not less than twenty shillings and not more than five pounds.
\n
CHAPTER VII.
\n
Legal Penalties in Matters Respecting the Forces.
\n
Punishment for pretending to be a deserter.
\n
187.—Any person who falsely represents himself to any military or civil authority to be a deserter from the Forces shall, on summary conviction, be sentenced to imprisonment with or without hard labour for any period not exceeding three months.
\n
Punishment for inducing officers or soldiers to desert or absent themselves without leave.
\n
188.—Any person who by any means whatsoever—
\n
(1)Procures or persuades any officer or soldier to desert or absent himself without leave, or attempts to procure or persuade any officer or soldier to absent himself without leave; or,
\n
(2)Knowing that an officer or soldier is about to desert or absent himself without leave, aids or assists him in deserting or absenting himself without leave; or,
\n
(3)Knowing an officer or soldier to be a deserter or absentee without leave, conceals such officer or soldier, or aids or assists him in concealing himself or aids or assists in his rescue, shall be liable, on summary conviction, to be imprisoned with or without hard labour for a term not exceeding six months Penalty for interference with military duties, etc.
\n
189.—Any person who— (a) wilfully obstructs, impedes, or otherwise interferes with any officer or soldier in the execution of his duties; or, (b) wilfully produces any disease or infirmity in, or maims or injures, any man whom he knows to be a soldier with a view to enabling such a man to avoid military service; or, (c) with the intent of enabling a soldier to render himself, or induce the belief that he is, permanently or temporarily unfit for service, supplies to or for such soldier any drug or preparation calculated to, or likely to render him, or lead to the belief that he is, permanently or temporarily, unfit for service, shall be liable, on summary conviction, to a term of imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both such imprisonment and fine.
\n
Apprehension of deserters.
\n
190.—With respect to deserters and absentees without leave, the following provisions shall have effect:—
\n
(1)Upon reasonable suspicion that a person is a deserter or absentee without leave, it shall be lawful for any constable, or if no constable can be immediately met with, then for any officer or soldier or other person, to apprehend such suspected person and forthwith to bring him before a Court of Summary Jurisdiction.
\n
(2)Any person having authority to issue a warrant for the apprehension of a person charged with crime may, if satisfied by evidence on oath, that a deserter or absentee without leave, is or is reasonably suspected to be, within his jurisdiction, issue a warrant authorising such deserter or absentee without leave to be apprehended and brought forthwith before a Court of Summary Jurisdiction.
\n
(3)Where a person is brought before a Court of Summary Jurisdiction charged with being a deserter or absentee without leave under this Act, such Court may deal with the case in like manner as if such person were brought before the Court charged with an indictable offence.
\n
(4)The Court, if satisfied either by evidence on oath or by the confession of such person that he is a deserter or absentee without leave, shall forthwith, as it may seem to the Court most expedient with regard to his safe custody, cause him either to be delivered into military custody in such manner as the Court may deem most expedient, or, until he can be so delivered, to be committed to some prison, police station, or other place legally provided for the confinement of persons in custody, for such reasonable time as appears to the Court reasonably necessary for the purpose of delivering him into military custody.
\n
(5)Where the person confesses himself to be a deserter or absentee without leave, and evidence of the truth or falsehood of such confession is not then forthcoming, the Court shall remand such person for the purpose of obtaining information as to the truth or falsehood of such confession, and for that purpose the Court shall transmit to the Minister a return (in this Act referred to as a descriptive return) containing such particulars and being in such form as is specified in the Seventh Schedule to this Act, as may be from time to time directed by the Minister.
\n
(6)The Court may from time to time remand the said person for a period not exceeding eight days in each instance, and not exceeding in the whole such period as appears to the Court reasonably necessary for the purpose of obtaining the said information.
\n
(7)Where the Court causes a person either to be delivered into military custody or to be committed as a deserter or absentee without leave, the Court shall send to the Minister, or as he may direct, a descriptive return in relation to such deserter or absentee without leave, for which the Clerk of the Court shall be entitled to a fee of two shillings.
\n
(8)The Minister shall direct payment of the said fee.
\n
(9)Where a person surrenders himself to a constable in Saorstát Eireann as being a deserter or absentee without leave, the officer of police in charge of the police station to which he is brought, shall forthwith inquire into the case, and if it appears that that person is a deserter or absentee without leave, he may cause him to be delivered into military custody without bringing him before a Court of Summary Jurisdiction under this Section, and in such case shall send to the Minister, or as he may direct, a certificate signed by himself as to the fact, date and place of such surrender.
\n
Penalty on trafficking in commissions.
\n
191.—Every person who negotiates, acts as agent for, or otherwise aids or connives at—
\n
(1)The sale or purchase of any commission in the Forces; or,
\n
(2)The giving or receiving of any valuable consideration in respect of any promotion in or retirement from such Forces, or any employment therein; or,
\n
(3)Any exchange which is made in manner not authorised by regulations for the time being in force and in respect of which any sum of money or other consideration is given or received; shall be liable on conviction on indictment or information to a fine of one hundred pounds, or to imprisonment for any period not exceeding six months, and if an officer, on conviction by Court-Martial, to be dismissed from the Forces.
\n
Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc.
\n
192.—(1) Every person who— (a) Buys, exchanges, takes in pawn, detains or receives from any person, on any pretence whatsoever; or, (b) Solicits or entices any person to sell, exchange, pawn, or give away; or (c) Assists or acts for any person in selling, exchanging, pawning, or making away with, any of the property following, namely, any arms, ammunition, equipments, instruments, regimental necessaries, or clothing issued for the use of officers or soldiers, or any military decorations of an officer or soldier, or any furniture, bedding, blankets, sheets, utensils, and stores in regimental charge, or any provisions or forage issued for the use of an officer or soldier, or his horse, or any horse employed in the service, shall, unless he proves either that he acted in ignorance of the same being such property as aforesaid, or that the same was sold by order or with the consent of the Minister or some competent military authority, or that the same was the personal property of an officer who had retired or ceased to be an officer, or a soldier who had been discharged, or of the legal personal representatives of an officer or soldier who had died, be liable, on summary conviction, to a fine not exceeding twenty pounds, together with treble the value of any property of which such offender has become possessed by means of his offence, or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment.
\n
(2)Where any such property as is above in this Section mentioned is found in the possession or keeping of any person, such person may be taken or summoned before a Court of Summary Jurisdiction, and if such Court have reasonable ground to believe that the property so found was stolen, or was bought, exchanged, taken in pawn, obtained or received in contravention of this Section, then if such person does not satisfy the Court that he came by the property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are prescribed in the case of a contravention of the last preceding sub-section.
\n
(3)A person charged with an offence against this Section, and the wife or husband of such person may, if he or she think fit, be sworn and examined as an ordinary witness in the case.
\n
(4)A person found committing an offence against this Section may be apprehended without warrant, and taken, together with the property which is the subject of the offence, before a Court of Summary Jurisdiction; and any person to whom any such property asabove mentioned is offered to be sold, pawned, or delivered, who has reasonable cause to suppose that the same is offered in contravention of this Section, may, and if he has the power shall, apprehend the person offering such property and bring him before a Court of Summary Jurisdiction
\n
(5)A Court of Summary Jurisdiction, if satisfied on oath that there is reasonable cause to suspect that any person has in his possession or on his premises, any property on or with respect to which any offence in this Section mentioned has been committed, may grant a warrant to search for such property, as in the case of stolen goods; and any property found on such search shall be seized by the officer charged with the execution of such warrant, who shall bring the person in whose possession the same is found before some Court of Summary Jurisdiction, to be dealt with according to law.
\n
(6)For the purpose of this Section, property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit or for the use or benefit of another.
\n
(7)Articles which are public stores within the meaning of the Public Stores Act, 1875 , and are not included in the foregoing description, shall not be deemed to be stores issued as regimental necessaries or otherwise within the meaning of Section thirteen of that Act.
\n
(8)Every person who— (a) Receives, detains or has in his possession any identity certificate, life certificate or other certificate, or official document evidencing or issued in connection with the right of any person to a military pension pay or reserve pay, or to any bounty, allowance, gratuity, relief, benefit or advantage, granted in connection with military service, as a pledge or security for a debt, or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person; or (b) Without lawful authority or excuse (the proof whereof shall lie on the accused) has in his possession any such certificate or document, or any certificate of discharge or any other official document issued in connection with the mobilisation or demobilisation of any of the Forces or any member thereof; shall be liable on summary conviction to the like penalty as for an offence under sub-section (1) of this Section, and any such certificate or other document shall be deemed to be property within the meaning of this Section.
\n
Unauthorised use of decorations, etc.
\n
193.—If—
\n
(1)any unauthorised person uses or wears any military decoration or medal, or medal ribbon, or any badge, wound stripe, or emblem supplied or authorised by the Minister, or any decoration, medal or medal ribbon, badge, wound stripe, or emblem so nearly resembling the same as to be calculated to deceive; or
\n
(2)any person falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, medal or medal ribbon, badge, wound stripe, or emblem as aforesaid; or
\n
(3)any person without lawful authority or excuse supplies or offers to supply any such decoration or medal as aforesaid to any person not authorised to use or wear the same; he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months:
\n
Provided that nothing in this Section shall be deemed to prohibit the wearing or supply of ordinary regimental badges or any brooch or ornament representing the same.
\n
CHAPTER VIII.
\n
Jurisdiction.
\n
Liability to military law in respect of status.
\n
194.—(1) Where an offence under this Act has been committed by any person while subject to military law such person may be taken into and kept in military custody and tried and punished for such offence, although he, or the corps or battalion to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in military custody, tried or punished, if he or such corps or battalion had continued to be so subject:
\n
Provided that where a person has since the commission of an offence ceased to be subject to military law, he shall not be tried for such offence, except in the case of the offence of mutiny, desertion, or fraudulent enlistment, unless his trial commences within three months after he has ceased to be subject to military law; but this Section shall not affect the jurisdiction of a Civil Court in the case of any offence triable by such Court as well as by Court-Martial.
\n
(2)Where a person subject to military law is sentenced by Court-Martial to penal servitude, imprisonment, or detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the service, or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention, and punished accordingly as if he continued to be subject to military law.
\n
Adjustment of military and civil law.
\n
195.—(1) If a person sentenced by a Court-Martial in pursuance of this Act to punishment for an offence is afterwards tried by a Civil Court for the same offence, that Court shall, in awarding punishment, have regard to the military punishment he may have already undergone.
\n
(2)Save as aforesaid, nothing in this Act shall exempt an officer or soldier from being proceeded against by the ordinary course of law, when accused or convicted of any offence, except such an offence as is declared not to be a crime for the purpose of the provisions of this Act relating to taking a soldier out of the service.
\n
(3)If an officer— (a) Neglects or refuses on application to deliver over to the civil magistrate any officer or soldier under his command who is so accused or convicted as aforesaid; or (b) Wilfully obstructs or neglects or refuses to assist constables or other ministers of justice in apprehending any such officer or soldier, such officer shall, on conviction in any Superior Court, be guilty of a misdemeanour.
\n
(4)A certificate of a conviction of an officer under this Section, with the judgment of the Court thereon in such form as may be directed by the Minister, shall be transmitted to the Minister.
\n
CHAPTER IX.
\n
Evidence.
\n
Certain matters and documents to be evidence.
\n
196.—The following enactments shall have effect with respect to evidence in Proceedings under this Act, whether before a Civil Court, or Court-Martial, that is to say:—
\n
(1)Any agreement, attestation or other form or document purporting to be signed by any person, upon his being attested as a soldier or enrolled in any portion of the Forces, shall be evidence of the fact that such person gave, in answer to the questions set forth in such form or document, the answers he is therein represented as having given.
\n
(2)The enlistment or enrolment of any person in the Forces may be proved by the production, by a witness on oath, of a copy of such person's attestation, or agreement form, purporting to be certified to be a true copy by the officer having the custody of such original attestation or agreement form, without proof of the handwriting of such officer or of his having custody of such original form.
\n
(3)A letter, return, or other document, respecting the service of any person in, or the discharge of any person from, any portion of the Forces, if purporting to be signed by or on behalf of the Minister, or the Commanding Officer of any portion of the Forces to which such person appears to have belonged,” or alleges that he belongs or had belonged, shall be evidence of the relevant facts stated in such letter, return, or other document.
\n
(4)Copies purporting to be printed and published by or under the authority of the Stationery Office of orders, rules, and regulations made under this Act, and of circulars or orders, shall be evidence of such orders, rules, regulations and circulars.
\n
(5)A Defence Force List or Defence Force Gazette purporting to be printed and published by or under the authority of the Stationery Office shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the corps or battalion or army or branch of the Service to which such officers belong.
\n
(6)When a record is made and filed in any battalion or command file of records in pursuance of this Act or otherwise in pursuance of military duty, and purports to be signed by the Commanding Officer, or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.
\n
A copy of any such record purporting to be certified to be a true copy by the officer having the custody of such record, shall be evidence of such record.
\n
(7)A descriptive return within the meaning of this Act, purporting to be signed by a District Justice, shall be evidence of the matters therein stated.
\n
(8)Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered himself into the custody of an officer or any portion of the Forces, a certificate purporting to have been signed by such officer or by the Commanding Officer of the portion of the Forces to whom the surrender was made, and stating the fact, date, and place of such surrender, shall be evidence of the matters so stated.
\n
(9)Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has been delivered into military custody by a police officer in charge of a police station, a certificate purporting to be signed by such a police officer, and stating the fact, date, and place of the surrender of the officer or soldier, shall be evidence of the matters so stated.
\n
(10)For the purpose of this Act, the expression “Stationery Office” means the Stationery Office of the Government of Saorstát Eireann.
\n
Evidence of conviction or civil acquittal.
\n
197.—Whenever any person subject to military law has been tried by any Civil Court, the certificate of the Clerk of such Court or of his deputy, or of any other officer having the custody of the records of such Court, setting out the offence for which such person subject to military law was tried, together with the judgment of the Court thereon, or if such person was acquitted, the acquittal shall be evidence of the conviction and sentence, or of the order of the Court, or of the acquittal of such person, as the case may be.
\n
Evidence of conviction by Court-Martial.
\n
198.—The original proceedings of a Court-Martial purporting to be signed by the president thereof, and being in the custody of the prescribed officer having the lawful custody thereof, shall be deemed admissible in evidence on their mere production from such custody; and any copy purporting to be certified by the prescribed officer, having such custody as aforesaid, to be a true copy of such proceedings, or of any part thereof, shall be admissible in evidence without proof of the signature of such officer.
\n
CHAPTER X.
\n
Summary and other Legal Proceedings.
\n
Prosecution of offences and recovery and application of fines.
\n
199.—(1) A Court of Summary Jurisdiction, having jurisdiction in the place where the offence was committed or in the place where the offender may for the time being be, shall have jurisdiction over all offences triable in a Civil Court under this Act, except any such offence as is declared by this Act to be a misdemeanour or to be punishable on indictment; and any offence within the jurisdiction of a Court of Summary Jurisdiction may be prosecuted, and the fine and forfeiture in respect thereof may be recovered on summary conviction, in manner provided by the Summary Jurisdiction Acts.
\n
(2)Any proceedings taken before a Court of Summary Jurisdiction in pursuance of this Act shall be taken in accordance with the Summary Jurisdiction Acts so far as applicable.
\n
(3)A Court of Summary Jurisdiction imposing a fine in pursuance of this Act may, if it seems fit, order a portion of such fine, not exceeding one half, to be paid to the informer.
\n
(4)Subject to the provisions of this Act with regard to the payment to the informer, fines and other sums recovered before a Court of Summary Jurisdiction in pursuance of this Act shall, be applied in manner directed by the Fines Act (Ireland), 1851, and any Acts amending the same.
\n
Protection of persons acting under this Act.
\n
200.—(1) Any action, prosecution or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged, neglect or default in the execution of this Act, shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.
\n
(2)In any such action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendants shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action.
\n
(3)Every such action, and also every action against a member or minister of a Court-Martial in respect of a sentence of such Court, or of anything done by virtue, or in pursuance, of such sentence, shall be brought in a Superior Court.
\n
CHAPTER XI
\n
Miscellaneous.
\n
Exercise of powers vested in holder of military office.
\n
201.—Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office may be exercised by or be done by, to, or before any other person for the time authorised in that behalf according to the customs of the service, or according to rules made under
\n
Section 125
\n
of this Act.
\n
Provisions as to warrants and orders of military authorities.
\n
202.—(1) Where any order is authorised by this Act to be made by the Minister, or by any general or other officer commanding, such order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of the Minister, general or other officer commanding, and an order, instruction or letter purporting to be signed by any officer appearing therein to be so authorised shall be evidence of his being so authorised.
\n
(2)The foregoing enactment of this Section shall extend to any order or direction issued in pursuance of this Act in relation to a military convict or military prisoner or soldier undergoing detention, and any such order or direction shall not be held invalid by reason of the death or removal from office of the officer signing or ordering the issue of same, or by reason of any defect in such order or direction, if it be alleged in such order or directions that the convict or prisoner or soldier undergoing detention has been convicted, and there is a good and valid conviction to sustain the order or direction.
\n
(3)An order in any case, if issued in the prescribed form, shall be valid, but an order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of such deviation.
\n
(4)Where any military convict, or military prisoner or soldier undergoing detention is for the time being in custody, whether military or civil, in any place or manner in which he might legally be kept in pursuance of this Act, the custody of such convict or prisoner or soldier shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant, or other document, or the authority by or in pursuance whereof such convict, prisoner or soldier, was brought into or is detained in such custody, and any such order, warrant or document may be amended accordingly.
\n
(5)Where a military convict, or a military prisoner, or a soldier undergoing detention, or a person who is subject to military law and charged with an offence, is a prisoner or soldier in military custody and for the purpose of conveyance by sea is delivered on board a ship to the person in command of the ship, or to any other person on board the ship acting under the authority of the commander, the order of the military authority which authorises the prisoner or soldier to be conveyed by sea shall be a sufficient authority to such person, and to the person for the time being in command of the ship, to keep the said prisoner or soldier in custody and convey him in accordance with the order, and the prisoner or soldier while so kept shall be deemed to be kept in military custody.
\n
Furlough in case of sickness.