Indemnity (British Military) Act, 1923

Indemnity (British Military) Act, 1923 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1923 Indemnity (British Military) Act, 1923 Indemnity (British Military) Act, 1923 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 2. INDEMNITY (BRITISH MILITARY) ACT, 1923. ARRANGEMENT OF SECTIONS Section 1. Restrictions on the taking of legal proceedings against certain persons. 2. Pending proceedings to be discharged. 3. Claims before certain tribunals not to be within this Act. 4. Certificate of Secretary of State to be evidence. 5. Existing Judgments not to be affected. 6. Short Title. Number 2. INDEMNITY (BRITISH MILITARY) ACT, 1923. AN ACT TO RESTRICT THE TAKING OF LEGAL PROCEEDINGS IN RESPECT OF CERTAIN ACTS, MATTERS AND THINGS DONE IN SAORSTAT EIREANN IN THE RECENT CONFLICT WITH THE BRITISH GOVERNMENT, AND TO PROVIDE FOR MATTERS CONSEQUENTIAL THEREON. [10th February, 1923.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Restrictions on the taking of legal proceedings against certain persons. 1.—No action or other legal proceeding whatsoever whether civil or criminal shall be instituted in any Court of law or equity in Saorstát Eireann against any person for or on account of or in respect of any act, matter or thing done after the 23rd day of April, 1916, and before the date of the passing of this Act, by any person or under the authority of any person who, at the time when the act, matter or thing was done, held any office under or was employed in the service of the British Crown or the British Government in any capacity, whether naval, military, air-force, police or civil, provided such act, matter or thing was done or in good faith purported to be done in execution of the duty of the person doing the same, or in exercise or execution of any authority conferred on such person or on the person under whose authority such person was acting by any statute of the British Parliament or any statutory or other order of the British Government, or was in good faith purported to be done for the maintenance of the then existing form of government in Ireland, or for the public safety or otherwise in the public interest: Provided that nothing in this Act shall be construed to prevent any person from instituting or prosecuting any proceedings under the Indemnity Act, 1920, or from claiming or obtaining any payment or compensation under the said Act which he might have instituted or prosecuted or claimed or obtained if this Act had not passed. Pending proceedings to be discharged. 2.—If any such action or other proceeding as is mentioned in this Act was instituted before the passing of this Act and is now pending the same shall be discharged and made void subject to such order as to costs as the Court in which such action or proceeding is pending or a Judge thereof shall think fit to make. Claims before certain tribunals not to be within this Act. 3.—For the purpose of this Act the institution or prosecution of any claim before any tribunal appointed to enquire into claims for compensation under the enactments relating to criminal injuries or any enactment amending the same shall not be deemed to be an action or legal proceeding within the meaning of section one of this Act. Certificate of Secretary of State to be evidence. 4.—A statement in writing signed by any Secretary of State of the British Government certifying any of the matters mentioned in this section shall be conclusive evidence of the matters so certified, that is to say:— (a) that at the time when the act, matter or thing complained of in any such action or legal proceeding as is mentioned in this Act was done, the person by whom or under whose authority the same was done held office under or was employed in the service of the British Crown or the British Government; (b) that any such act, matter or thing as aforesaid was part of or within the duty of the person by whom the same was done; (c) that any such act, matter or thing as aforesaid was within the powers and authority conferred on the person by whom the same was done or on the person under whose authority such person was acting by a statute of the British Parliament or an order of the British Government. Existing Judgments not to be affected. 5.—Nothing in this Act shall prejudice or affect any final judgment given before the passing of this Act by:— (a) any Court from whose decision no appeal lies by law; (b) any other Court where the judgment is not at the passing of this Act the subject of a pending appeal. Short Title. 6.—This Act may be cited as the Indemnity (British Military) Act, 1923. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais