DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

81.—Where a non-commissioned officer is charged with any of the offences mentioned in Section 80 of this Act, the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the punishments following:—

• (1) In the case of offences other than drunkenness, fine not exceeding £5.

• (2) Fines in cases of drunkenness not on duty as follows:—

First offence	10s.
Second offence	20s.
Third offence	30s.
Fourth and every subsequent offence	50s.

• (3) Deprivation of acting rank.

• (4) Severe reprimand.

• (5) Reprimand.

• (6) In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

82 Punishments which may be summarily awarded to a private soldier by a Commanding Officer.

82.—Where a private soldier is charged with any of the offences mentioned in Section 80 of this Act the Commanding Officer of the accused may, if satisfied as to the guilt of the accused, summarily award any of the following punishments:—

• (1) Detention for a period not exceeding twenty-eight days. In cases of absence without leave for a period not exceeding seven days, detention shall not be awarded for a period exceeding seven days. Where the absence exceeds seven days detention may be awarded for a period equal to the period of absence without leave but in no case for a period exceeding twenty-eight days.

• (2) In the case of offences other than drunkenness, fine not exceeding £3.

• (3) In addition to or without detention fines in cases of drunkenness as follows:—

First offence	5s.
Second offence	10s.
Third offence	20s.
Fourth and every subsequent offence	30s.

• (4) Confinement to barracks for a period not exceeding 14 days.

• (5) Extra guards and pickets.

• (6) Warning.

• (7) In addition to or without any other punishment, any deduction from ordinary pay authorised by this Act to be made by a Commanding Officer.

83 Punishments which may be summarily awarded to a private soldier by a Company Commander.

83.—Where a private soldier is charged with any of the offences mentioned in Section 80 of this Act the Company Commander of the accused may, if satisfied as to the guilt of the accused summarily award any of the following punishments:—

• (1) In the case of offences other than drunkenness, fine not exceeding £1.

• (2) Fines in cases of drunkenness as follows:—

First offence	5s.
Second offence	10s
Third and every subsequent offence	20s.

• (3) Confinement to barracks for a period not exceeding seven days.

• (4) Extra guards and pickets.

• (5) Warning.

Investigation of Charges.

84 Investigation of a charge against an officer.

84.—(1) A charge against an officer shall in the first instance be investigated by his Commanding Officer.

• (2) If the Commanding Officer is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

• (3) If the Commanding Officer does not dismiss the charge he shall proceed as follows:—

• (a) If the accused is an officer not under the rank of Commandant, or in the case of an officer under the rank of Commandant, if the offence is not one of those mentioned in Section 78 of this Act, he shall remand the accused for trial by Court-Martial.

• (b) If the accused is an officer under the rank of Commandant, and if the offence is one of those mentioned in Section 78 of this Act, he shall refer the case to the prescribed officer.

• (4) The prescribed officer upon the case being referred to him in accordance with sub-section (3) (b) of this Section, shall investigate the case and proceed as follows:—

• (a) If satisfied that there is no evidence against the accused, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

• (b) If he does not dismiss the charge he shall proceed as follows—

• (i) If he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by general Court-Martial.

• (ii) If he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 79 of this Act.

85 Investigation of a charge against a non-commissioned officer.

85.—(1) A charge against a non-commissioned officer shall in the first instance be investigated by his Company-Commander.

• (2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, he shall dismiss the charge.

• (3) If the Company-Commander does not dismiss the charge, he shall refer the case to the Commanding Officer.

• (4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) of this Section, shall investigate the case and proceed as follows:—

• (a) If satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

• (b) If he does not dismiss the charge he shall proceed as follows:—

• (i) If the offence is not one of those mentioned in Section 80 of this Act, or being one of the offences mentioned in Section 80 of this Act, he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by Court-Martial.

• (ii) If the charge is one of those mentioned in Section 80 of this Act, and if he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 81 of this Act.

86 Investigation of a charge against a private soldier.

86.—(1) A charge against a private soldier shall in the first instance be investigated by his Company-Commander.

• (2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge.

• (3) If the Company Commander does not dismiss the charge, he shall proceed as follows:—

• (a) If the offence is one of those mentioned in Section 80 of this Act, and if he considers that the punishments he is entitled to award in accordance with Section 83 of this Act, meet the case, he shall award one of those punishments.

• (b) If the offence is not one of those mentioned in Section 80 of this Act, or being one of those offences he considers the punishment he is entitled to award does not meet the case, he shall refer the case to the Commanding Officer.

• (4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) (b) of this section, shall investigate the charge and proceed as follows:—

• (a) If he is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge.

• (b) If he does not dismiss the charge he shall proceed as follows:—

I.—(a) If the offence is one of those mentioned in Section 80 of this Act, and if he considers the offence is one which should be dealt with by Court-Martial he shall remand the accused for trial by Court-Martial.

• (b) If he does not remand the accused for trial by Court-Martial he shall award one of the punishments mentioned in Section 82 of this Act.

II.—(a) If the offence is not one of those mentioned in Section 80 of this Act, and he considers the case one which should be dealt with by Court-Martial, he shall apply to the prescribed officer for authority to deal with the case in the same manner as if the offence had been one of those mentioned in Section 80 of this Act, and on receiving such authority from such prescribed officer (who is hereby empowered to grant such authority if he thinks fit) he shall deal with the case accordingly, and award one of the punishments mentioned in Section 82 of this Act. In the event of such authority being withheld, he shall remand the accused for trial by Court-Martial.

• (b) If the offence is not one of those mentioned in Section 80 of this Act, and he does not apply for authority to deal with the case summarily, as aforesaid, he shall remand the accused for trial by Court-Martial.

87 Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier.

87.—No charge against an officer non-commissioned officer or private soldier shall be heard or investigated save in the presence of the accused. The accused shall have full liberty to cross-examine all witnesses called against him, and to call any witnesses in his defence, and to make a statement in his defence. If the accused shall demand that the evidence against him shall be taken on oath, the investigating officer shall cause all witnesses to be sworn before giving evidence.

88 Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings.

88.—No person charged with an offence in this Act mentioned, shall be liable to be dealt with summarily for an offence in respect of which he has been acquitted or convicted by a competent Civil Court or by a Court-Martial.

Courts-Martial.

89 Restriction on jurisdiction of Courts-Martial.

89.—(1) Where a person subject to military law has been acquitted or convicted of an offence by Court-Martial he shall not be liable to be tried again by a Court-Martial in respect of that offence.

• (2) Where a person subject to military law has been acquitted or convicted of an offence by a competent Civil Court he shall not be liable to be tried again by Court-Martial in respect of that offence.

• (3) A person subject to military law shall not be liable to be tried by Court-Martial for any offence which shall have been summarily dealt with in accordance with the provisions of this Act:

Provided always that the Adjutant-General may, notwithstanding that a charge may have been dismissed or punishment awarded in respect of same, for reasons which to him seem sufficient, direct such person to be tried by Court-Martial.

• (4) A person subject to military law shall not in pursuance of this Act be tried or punished for any offence triable by Court-Martial committed more than three years before the date on which his trial begins, except in the case of mutiny, desertion or fraudulent enlistment; but this Section shall not affect the jurisdiction of a Civil Court in the case of an offence triable by such Court, as well as by Court-Martial.

90 Classes of Courts Martial.

90.—Courts-Martial shall be of two kinds, namely, General and Local.

91 General Courts-Martial.

91.—(1) Every General Court-Martial shall be convened by the Adjutant-General, or by such officer as he shall authorise to convene the same.

• (2) A General Court-Martial shall have jurisdiction to try any person subject to military law for any offence mentioned in this Act.

• (3) A General Court-Martial shall be constituted as follows:—

• (a) A President who shall be of a rank not lower than Colonel, and shall be appointed by the Convening Officer: Provided always that where it appears to the Convening Officer that an officer of a rank not lower than that of Colonel is not available to act as such President (having due regard to military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect upon the order convening such General Court-Martial, appoint to act as such President an Officer of a rank not lower than that of Captain: Provided always that in no case shall the President of a General Court-Martial be of lower rank than the accused person.

• (b) Not more than seven and not less than three other officers who shall not be of a rank lower than Captain and shall be appointed by the Convening Officer.

• (4)
• (a) There shall be in attendance at every General Court-Martial a Judge-Advocate appointed by the prescribed officer.

• (b) A Judge-Advocate at a General Court-Martial shall be a person duly qualified as a Barrister-at-Law, or a Solicitor in Saorstát Eireann, and an officer of the Forces.

• (c) The duties of a Judge-Advocate shall be as prescribed.

92 Local Courts-Martial.

92.—(1) Every Local Court-Martial shall be convened by the Adjutant-General or by such Officer as he shall authorise to convene the same.

• (2) A Local Court-Martial shall have jurisdiction to try non-commissioned officers and private soldiers for any offence mentioned in this Act, except murder, but shall have no jurisdiction to try an officer.

• (3) A Local Court-Martial shall have jurisdiction only to award imprisonment (with or without hard labour) or a less sentence.

• (4) A Local Court-Martial shall be constituted as follows:—

• (a) A President who shall not be of a rank lower than Commandant, and shall be appointed by the Convening Officer, provided, however, if it appears to the Convening Officer that an officer of a rank not lower than Commandant is not available to act as such President (having due regard to the military exigencies and the public service) the Convening Officer may, upon endorsing a certificate to that effect on the order convening such Local Court-Martial, appoint as President thereof an officer of a rank not lower than Captain.

• (b) Not less than two nor more than four other officers appointed by the Convening Officer.

• (5) There shall be in attendance at every Local Court-Martial a Judge-Advocate, qualified to act and appointed as may be prescribed

93 Disqualifications for membership of Courts-Martial.

93.—The following shall not serve on any Court-Martial:—

• (1) Any Chaplain holding a commissioned rank or an officer of the Army Medical Corps, provided always that where a Court is convened for the trial of a soldier of the Army Medical Corps, an officer of that Corps may be detailed to act as a member or waiting member thereof.

• (2) The Convening Officer.

• (3) The Prosecuting Officer.

• (4) Any officer who investigated the charge against he accused, or conducted any inquiry into the case.

• (5) The Commanding Officer of the accused.

• (6) Any officer who has a personal interest in the case.

94 Challenges by accused.

94.—(1) An accused about to be tried by any Court-Martial may object, for any reasonable cause, to any member of the Court (including the President) whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of any officer objected to, so that the court may be constituted of officers to whom the accused makes no reasonable objection.

• (2) Every objection made by an accused to any officer shall be submitted to the other officers appointed to form the Court.

• (3) If the objection is to the President, such objection, if allowed by one-half or more of the other officers appointed to form the Court, shall be allowed, and the Court shall adjourn for the purpose of the appointment of another President.

• (4) If an objection to the President is allowed, the authority convening the Court shall appoint another President, subject to the same right of the accused to object.

• (5) If the objection is to a member other than the President, and is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.

• (6) In order to enable an accused to avail himself of the privilege of objecting to any officer, the names of the officers appointed to form the Court shall be read over in the hearing of the accused on their first assembling and before they are sworn, and he shall be asked whether he objects to any of such officers, and a like question shall be repeated in respect of any officer appointed to serve in lieu of the retiring officer.

95 Swearing of Court.

95.—(1) When the Court is constituted with the proper number of officers who are not objected to, or the objections to whom have been over-ruled, each member shall be duly sworn. The oath shall be administered to the President first, and then to the other members of the Court by the Judge-Advocate. The oath shall then be administered to the Judge-Advocate by the President.

• (2) A shorthand note-taker, if in attendance, shall then be sworn by a member of the Court, or the Judge-Advocate.

• (3) The oaths administered in accordance with this Section shall be in the prescribed form.

96 Plea in bar.

96.—In addition to a plea of “Not Guilty” an accused may enter any of the following special pleas in bar of trial:—

• (1) Previous acquittal or conviction of the same offence by—

• (a) A competent Civil Court.

• (b) A competent Court-Martial.

• (c) Any officer in due exercise of his powers under this Act, subject however, to the provisions of Section 89 (3) of this Act.

• (2) Pardon of the offence by the Minister.

• (3) Save in cases of mutiny, desertion or fraudulent enlistment the expiration at the date on which the trial commences of a period of more than three years from the date at which the offence is alleged to have been committed.

• (4) Where the offence is one against the ordinary law, which by ordinary law must be prosecuted within a specific period of the date of commission of the offence, lapse of the specific period.

97 Evidence to be on oath.

97.—(1) Every witness examined before a Court-Martial shall be examined upon oath, which the President or any other member of the Court or the Judge-Advocate shall administer in the prescribed form.

• (2) Where a person required by this Act to take an oath objects to take an oath, or is objected to as incompetent to take an oath, the Court, if satisfied as to the sincerity of the objection, or where the competence of a person to take an oath is objected to, that the oath has no binding effect upon the conscience of such person, shall permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purpose of this Act such declaration shall be deemed to be an oath.

98 Right of accused and his wife to give evidence.

98.—Every person charged with an offence and the wife of a person so charged is a competent witness for the defence at every stage of the proceedings before a Court-Martial, whether the person so charged is charged solely or jointly with any other person or persons; provided a person so charged shall not be called as a witness except on his own application and the wife of the person so charged shall not be called as a witness for the defence, except upon the application of the person so charged.

99 Rules of evidence to be the same as in Civil Courts.

99.—Save as is in this Act otherwise provided, every Court-Martial shall be bound by the law for the time being in force in Saorstát Eireann relating to evidence before Civil Courts.

100 Finding.

100.—(1) In case of equality of votes on a finding, the accused shall be acquitted.

• (2) The finding of acquittal, whether on all or some of the charges with which the accused is charged shall not require confirmation or be subject to revision and if it relates to all the charges shall be pronounced at once in open Court and the accused be discharged.

101 Conviction of offence other than offence charged with.

101.—(1) Where a person is charged before a Court-Martial with an offence mentioned in Section 69 of this Act, and the offence is such that if he were charged with the same offence upon indictment before a Civil Court he could lawfully be convicted on such indictment of some other offence not charged in the indictment, then the Court-Martial may, instead of finding the accused guilty of the offence charged, find him guilty of such other offence as a Civil Court might lawfully have convicted him of.

• (2) An accused charged before a Court-Martial with desertion may be found guilty of attempting to desert or being absent without leave.

• (3) An accused charged before a Court-Martial with attempting to desert may be found guilty of desertion or being absent without leave.

• (4) An accused charged before a Court-Martial with any other offence under this Act, other than an offence mentioned in Section 69 of this Act, may, on failure of proof of an offence being committed in circumstances involving a higher degree of punishment, be found guilty of the same offence as being committed in circumstances involving a less degree of punishment.

102 Voting generally.

102.—In case of equality of votes on the sentence or on any question arising after the commencement of the trial, save objections by the accused under Section 94 of this Act, or the finding, the President shall have a second or casting vote.

103 Death Sentence.

103.—Sentence of death shall not be awarded save with the concurrence of three-fourths, or more, of the members of the Court.

104 Sentences generally.

104.—(1) The Court shall award only one sentence in respect of all offences of which the accused is convicted. The sentence shall be one which under this Act, may be awarded in respect of any one of the offences of which the accused is convicted.

• (2) Every sentence of penal servitude, imprisonment or detention to which such person is sentenced by court-martial, whether the sentence has been revised as hereinafter is provided or not and whether the person is already undergoing sentence or not, shall be reckoned to commence on that day on which the original finding sentence and proceedings were signed by the President of the Court-Martial or on such earlier date as the Court may direct.

105 Procedure generally.

105.—(1) If a Court-Martial after the commencement of the trial is by death or otherwise reduced below the legal minimum it shall be dissolved.

• (2) If after the commencement of the trial the President dies or is otherwise unable to attend and the Court is not reduced below the legal minimum, the Convening Officer may appoint the senior member of the Court, if of sufficient rank, to be President and the trial shall proceed accordingly, but if he is not of sufficient rank the Court shall be dissolved.

• (3) If on account of illness of the accused before the finding, it is impossible, within what appears a reasonable time to the Convening Officer, to continue the trial, the Court may be dissolved by the Convening Officer.

• (4) Where a Court-Martial is dissolved under the foregoing provisions of this Section, the accused may be tried again.

• (5) The President of any Court-Martial may on any deliberation amongst the members cause the Court to be cleared of all other persons, except the Judge-Advocate.

• (6) The Court may adjourn from time to time.

• (7) The Court may also, when necessary, view any place.

Miscellaneous Provisions as to Courts-Martial.

106 Right of Prosecutor and accused to be represented by a legal advisor.

106.—(1) The Prosecutor may be represented by a legal adviser.

• (2) Any person tried by a Court-Martial may be represented by a legal adviser or an officer.

• (3) The expression “legal adviser” in this Section means a barrister-at-law or solicitor entitled to practise in Saorstát Eireann

107 Position of legal adviser at Courts-Martial.

107.—(1) Any conduct of a legal adviser which would be liable to censure or would be a contempt of court if it took place before the High Court of Saorstát Eireann shall be likewise deemed liable to censure or be deemed a contempt of court in the case of a Court-Martial, and the rules to be prescribed for the practice of Courts-Martial and the guidance of legal advisers shall be binding on legal advisers who appear before such Courts-Martial and any wilful disobedience of such rules shall be professional misconduct and if persevered in be deemed a contempt of court.

• (2) Where a legal adviser is guilty of conduct liable to censure or is guilty of a contempt of court the President of the Court-Martial may certify the offence of such legal adviser under his hand to any Court of Law in Saorstát Eireann which has power to commit for contempt and that Court may thereupon enquire into such alleged offence and after hearing any witnesses that may be produced against or on behalf of the person so accused and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of court.

• (3) A Court-Martial may, by order under the hand of the President, cause a legal adviser to be removed from the Court who is guilty of such offence as may in the opinion of the Court-Martial require his removal from Court, but in every such case the President shall certify the offence to a Court of Law in the manner provided by sub-section (2) of this Section.

108 Summoning and privilege of witnesses at Courts-Martial.

108.—(1) Every person required to give evidence before a Court-Martial may be summoned or ordered to attend in the prescribed manner.

• (2) Every person attending in pursuance of such summons or order as a witness before any Court-Martial shall, during his necessary attendance to or in such Court and in going to and returning from the same have the same privilege from arrest as if he were a witness before the High Court in Saorstát Eireann.

• (3) For the purpose of this and the next succeeding Section, the expression “a Court-Martial” shall be deemed to include an officer taking a written summary of evidence in accordance with this Act; and references to the President or members of the Court-Martial shall be construed as including references to such officer.

109 Misconduct of civilian witness at Court-Martial.

109.—(1) Where any person not subject to military law commits any of the following offences, that is to say:—

• (a) On being duly summoned as a witness before a Court-Martial, and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or,

• (b) Being in attendance as a witness—

(i.) Refuses to take an oath legally required by a Court-Martial to be taken; or,

(ii.) Refuses to produce any document in his power, possession or procurement legally required by a Court-Martial to be produced by him; or,

(iii.) Refuses to answer any question to which a Court-Martial may legally require an answer.

the President of the Court-Martial may certify the offence of such person under his hand to any Court of Law in Saorstát Eireann which has power to punish witnesses if guilty of a like offence in that Court, and that Court may thereupon inquire into such alleged offence, and after examination of any witnesses that may be produced against or for the person so accused, and after hearing any statement that may be offered in defence, if it seem just, punish such person in like manner as if he had committed such offence in a proceeding in that Court.

• (2) Where a person not subject to military law when examined on oath or solemn declaration before a Court-Martial wilfully gives false evidence, he shall be liable on indictment or information to be convicted of and punished for the offence of perjury.

• (3) Where a person not subject to military law is guilty of any contempt towards a Court-Martial, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members or witnesses before such Court-Martial, or to bring such Court into disrepute, the President of the Court-Martial may certify the offence of such person under his hand, to any Court of Law in Saorstát Eireann, which has power to commit for contempt and that Court may thereupon enquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of that Court.

110 Insanity of accused at trial. Finding in case of insanity of accused at time of commission of offence.

110.—(1) (a) Where it appears on the trial by Court-Martial of a person charged with an offence that such person is by reason of insanity unfit to stand his trial, the Court shall specially find that fact and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known or until any earlier time at which such person is fit to take his trial.

• (b) The Minister may give orders for the safe custody of such persons during his pleasure in such manner as he may think fit.

• (c) A finding under this Section shall be subject to confirmation in like manner as any other finding as is hereinafter provided.

• (2) Where on trial by Court-Martial of a person charged with an offence it appears that such person committed the offence, but was insane at the time of the commission thereof, the Court shall specially find the fact of insanity as well as the finding of guilty and such person shall be kept in custody in the prescribed manner until the directions of the Minister thereon are known.

111 Insanity of person imprisoned or undergoing detention.

111.—If a person imprisoned or undergoing detention by virtue of this Act, becomes insane, then without prejudice to any other provisions for dealing with insane persons, an Executive Minister may, upon a certificate of such insanity by two qualified practitioners, order the removal of such person to an asylum or other proper place for the reception of insane persons, there to remain for the unexpired term of his imprisonment or detention, and upon such person being certified in the like manner to be again of sound mind, may order his removal to any prison or detention barrack in which he might have been confined if he had not become insane, there to undergo the remainder of such punishment.

112 Right of person tried to copy of proceedings.

112.—Any person tried by Court-Martial shall be entitled on demand at any time, in the case of a General Court-Martial within seven years, and in the case of a Local Court-Martial within three years, after the confirmation of the finding and sentence of the Court, to obtain from the officer or person having the custody of the proceedings of such Court, a copy thereof, including the proceedings with respect to revision and confirmation thereof upon payment for the same at the prescribed rate not exceeding three pence for every folio of seventy words and for the purposes of this Section the proceedings of Courts-Martial shall be preserved in the prescribed manner.

Confirmation and Revision of Findings and Sentences.

113 Finding and sentence not to be valid unless confirmed.

113.—Subject to the provisions of this Act with respect to an acquittal, the finding and sentence of a Court-Martial shall not be valid except in so far as the same may be confirmed by the authority authorised to confirm the same.

114 Confirming authorities.

114.—The following authorities shall have power to confirm the finding and sentence of a Court-Martial:—

• (a) Where sentence of death has been awarded, the Minister, provided that if the offence for which the sentence was awarded was committed while the accused was not on active service, such sentence shall not be carried into effect unless in addition to confirmation by the Minister it is approved by the Minister for Home Affairs.

• (b) In all other cases—

The Adjutant-General or where in the case of a soldier a sentence of detention for a period not exceeding 168 days or any lesser punishment has been awarded by a Local Court-Martial, the Officer having authority to convene such a Court-Martial at the date of the submission of the finding and sentence thereof.

115 Powers of confirming authority.

115.—Where an accused has been found guilty upon any charge the confirming authority may—

• (1) Direct the re-assembly of the Court for the revision of the finding and sentence or either of them stating the reasons for revision.

• (2) Confirm or refuse confirmation either in whole or in part of the original or revised finding or sentence.

• (3) Order a new trial of the accused by Court-Martial.

• (4) Mitigate the punishment awarded by the sentence or remit or commute the same for any less punishment, or substitute a legal for an illegal sentence.

• (5) Suspend execution of the sentence.

116 Procedure where finding or sentence sent back for revision.

116.—Where the finding or sentence is sent back for revision, the Court shall re-assemble in closed Court. They shall receive no further evidence. If they do not adhere to the original finding, they shall record the new finding and where a sentence is involved by such a new finding they shall pass a fresh sentence. If they do adhere to their original finding, they shall record the same afresh. Where sentence alone is sent back for revision, they shall not revise any finding, but shall have power to increase the sentence originally awarded. Each fresh sentence shall be recorded in the prescribed manner.

Execution of Sentence.

117 Execution of sentence of penal servitude.

117.—(1) Where a person subject to Military law is convicted by Court-Martial and sentenced to penal servitude, such conviction and sentence shall, upon due confirmation in accordance with this Act, have the same force and effect as if such person (hereinafter styled a military convict) had been duly convicted of an offence punishable by penal servitude, and sentenced to penal servitude by a competent Civil Court, and all enactments relating to a person so convicted and sentenced by a Civil Court shall, so far as circumstances permit, apply accordingly.

• (2) Where a sentence of penal servitude has been duly confirmed, the military convict upon whom such sentence was passed shall, as soon as practicable be transferred to a penal servitude prison to undergo his sentence according to law. Until so transferred, he shall remain in military custody.

• (3) The order of the committing authority (hereinafter in this Section mentioned) shall be a sufficient warrant for the transfer of a military convict to a penal servitude prison.

• (4) At any time before the arrival of a military convict at a penal servitude prison, the discharging authority (hereinafter in this Section mentioned) may by Order discharge the prisoner.

• (5) Any one or more of the following shall be the committing authority for the purposes of this Section:—

• (a) The Minister.

• (b) The Adjutant-General.

• (c) The Commanding Officer of the military convict.

• (d) Any other officer duly authorised.

• (6) The discharging authority for the purposes of this Section shall be one of the following:—

• (a) The Minister.

• (b) The Adjutant-General.

• (c) Any other officer duly authorised.

118 Execution of sentence of imprisonment or detention.

118.—(1) Where a person has been sentenced by Court-Martial to imprisonment, and the sentence has been duly confirmed, the person so sentenced (hereinafter in this Section styled a military prisoner) shall undergo his term of imprisonment, either in military custody or in a detention barrack or in a public prison, or partly in one way and partly in another.

• (2) Where a person has been sentenced by Court-Martial to a term of detention and the sentence has been duly confirmed, or where a person has been sentenced to a term of detention by a Commanding Officer or other officer in exercise of summary powers conferred by this Act, every such person (hereinafter in this Section styled a soldier undergoing detention) shall undergo the term of his detention either in military custody or in a barrack detention room, or a detention barrack, or partly in one way and partly in another, but not in a public prison.

• (3) The order of the committing authority hereinafter in this Section mentioned, shall be sufficient warrant for the transfer of a military prisoner to a public prison or a detention barrack, or the transfer of a soldier undergoing detention to a detention barrack.

• (4) A military prisoner while in a public prison shall be confined, kept to hard labour, and otherwise dealt with in all respects as if he were an ordinary prisoner undergoing a like sentence.

• (5) The discharging authority hereinafter in this Section mentioned may, at any time during the term of his imprisonment or detention, discharge a military prisoner or a soldier undergoing detention.

• (6) The committing authority may at any time during the term of imprisonment of a military prisoner or the term of detention of a soldier undergoing detention by order provide for:—

• (a) His removal from one public prison to another;

• (b) His removal from one detention barrack to another;

• (c) His being brought before a Court-Martial or a Civil

Court for trial or as a witness;

and an order of such authority shall be sufficient warrant for delivering him into military custody, and detaining him in custody till he can be returned.

• (7) The committing authority shall be any one or more of the following:—

• (a) The Minister.

• (b) The Adjutant-General.

• (c) The Commanding Officer of the military prisoner or the soldier undergoing detention.

• (d) Any officer duly authorised.

• (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.

Inquiry as to and confession of Desertion.

119 Inquiry by Court on absence of a soldier.

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.

• (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.

120 Confession by soldier of desertion or fraudulent enlistment.

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.

• (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.

• (3) The competent military authority for the purpose of this Section means the Minister or any prescribed general officer.

Restitution of Stolen Property.

121 Power as to restitution of stolen property.

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.

• (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.

• (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.

• (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.

Redress of Wrongs.

122 Mode of complaint by officer.

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.

123 Mode of complaint by soldier.

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.

Declaration as to Military Command.

124 Military command.

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.

• (2) Nothing in this Section shall be deemed to be in derogation of any power otherwise vested in the Minister.

Power of Minister to make Rules.

125 Power to Minister to make rules of procedure.

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.

• (2) Provided always, that no such rules shall contain anything contrary to or inconsistent with the provisions of this Act.

• (3) All rules made in pursuance of this Section shall be judicially noticed.

• (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.

• (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.

• (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.

• (7) The Rules Publication Act, 1893, shall not apply to rules made under this Section.

CHAPTER II. Pay.

126 Authorised deductions from pay only to be made.

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.

127 Automatic forfeiture of pay of officers.

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.

128 Automatic forfeiture of pay of soldiers.

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.

129 Definition of expression “Day.”

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.

130 Deductions from ordinary pay of officers which may be made.

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.

131 Deductions from ordinary pay of soldiers which may be made.

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 Section 120 (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.

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:

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.

132 How automatic forfeiture of and deductions from ordinary pay may be remitted.

132.—Any automatic forfeiture of pay or deduction from pay authorised by this Act may be remitted by the Minister.

133 Supplemental as to deductions from ordinary pay.

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.

(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.

134 Prohibition of assignment of pay, etc.

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.

135 Punishment of false oath and personation.

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.

• (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.

• (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.

• (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.

CHAPTER III. Prisons and Detention Barracks.

136 Duty of Governor of prison to receive prisoners, deserters and absentees without leave.

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.

• (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.

• (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.

137 Establishment and regulation of military prisons.

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.

• (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.

• (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.

• (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.

• (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.

138 Classification of prisoners.

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.

CHAPTER IV. Exemptions of Officers and Soldiers.

139 Exemptions of officers and soldiers from tolls.

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:

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.

• (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.

140 Exemption of soldiers in respect of civil process.

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.

• (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.

• (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.

• (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.

• (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.

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.

141 Liability of soldier to maintain wife and children.

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.

• (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.

In the case of any other soldier—in respect of a wife or children, whether legitimate or illegitimate, two shillings.

• (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.

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.