DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

• (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.

142 Officers not to be sheriffs or mayors.

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.

143 Exemption from jury.

143.—Every officer and soldier in the Forces shall be exempt from serving on any jury.

CHAPTER V. ENLISTMENT.

Period of Service.

144 Limit of original enlistment.

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:

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.

145 Terms of original enlistment.

145.—The original enlistment of a person under this Act shall be as follows:—

• (1) For the whole of the term of his original enlistment in army service; or

• (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.

146 Change of conditions of service.

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.

• (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.

147 Reckoning of service.

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.

148 Mode of enlistment and attestation.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

149 Power of recruit to purchase discharge.

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.

Appointment to Corps and Transfers

150 Enlistment for general service and appointment to corps.

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.

• (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.

151 Effect of appointment to a corps and provision for transfers.

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:—

• (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;

• (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;

• (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;

• (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;

• (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;

• (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.

Re-engagement and Prolongation of Service.

152 Re-engagement of soldier.

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.

• (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.

153 Continuance in service after 21 years' service.

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.

154 Re-engagement and continuance of service of non-commissioned officers.

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 Section 153 of this Act and continue his service under Section 153 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.

155 Prolongation of service in certain cases.

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.

• (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.

• (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.

• (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.

156 In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service.

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.

• (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.

• (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.

• (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.

Discharge and Transfer to the Reserve.

157 Discharge or transfer to Reserve.

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.

• (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.

• (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.

158 Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum.

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.

• (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.

• (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.”

159 Regulations as to discharge of soldiers.

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.

• (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.

Authority to Enlist and Attest Recruits.

160 Regulations as to persons to enlist and enlistment of soldiers.

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.

• (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.

Special Provisions as regards Apprentices.

161 Claims of masters to apprentices.

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:—

• (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;

• (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;

• (3) Except in pursuance of an order of a Court of Summary Jurisdiction, an apprentice shall not be taken from the service;

• (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;

• (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.

Offences as to Enlistment.

162 Penalty for unlawful recruiting.

162.—If a person without due authority, the proof of which authority shall lie on such person—

• (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

• (2) Opens or keeps any house, place or rendezvous, or office as connected with the recruiting of the Forces; or

• (3) Receives any person under any such advertisement as aforesaid; or

• (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.

163 Recruits punishable for false answers.

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.

• (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.

Miscellaneous as to Enlistment.

164 Validity of attestation and enlistment or re-engagement.

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.

• (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.

• (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.

165 Definition for purposes of Part II. Chapter V. of prescribed military authority.

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.

CHAPTER VI. Billeting and Impressment of Carriages. Billeting of Officers, Soldiers and Horses.

166 No billeting save as authorised by this Act.

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.

• (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.

167 Obligation of constable to provide billets.

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.

• (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.

• (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.

168 Liability to provide billets.

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.

• (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.

169 Officers, soldiers and horses entitled to be billeted.

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.

170 Accommodation and payment on billet.

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.

• (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.

• (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.

• (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.

• (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.

171 Annual list of keepers of victualling houses liable to billets.

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.

• (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.

172 Regulations as to grant of billets.

172.—The following regulations shall be observed with respect to billeting in pursuance of this Act; that is to say:—

• (1) No more billets shall at any time be ordered than there are effective officers, soldiers and horses, present to be billeted.

• (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.

• (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;

• (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.

• (5) The regulations with respect to billets contained in the Fifth Schedule to this Act shall be duly observed by the constable.

• (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.

• (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.

173 Billeting in case of emergency.

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.

• (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.

• (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.

• (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.

• (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.

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.

In the case of unoccupied premises this Section shall apply as if the owner were the occupier thereof.

• (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.

• (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.

Offences in Relation to Billeting.

174 Offences by constables.

174.—If any constable commits any of the offences following, that is to say:—

• (1) Billets any officer, soldier or horse on any person not liable to billets without the consent of such person; or

• (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

• (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

• (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.

175 Offences by keepers of victualling houses.

175.—If a keeper of a victualling house commits any of the offences following, that is to say:—

• (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

• (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

• (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.

176 Offences by officers or soldiers.

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.

• (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.

• (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.

177 Supply of carriages, etc. for regimental baggage and stores on the march.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

178 Payment and regulations as to carriages, etc.

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.

• (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.

• (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.

179 Annual list of persons liable to supply carriages and animals.

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.

• (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.

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.

• (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.

• (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.

• (5) All orders given by constables for furnishing carriages and animals shall as far as possible, be made from such list in regular rotation.

• (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.

• (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.

180 Impressment of carriages, etc., in cases of emergency.

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).

• (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.

• (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.

• (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.

• (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.

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.

• (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.

• (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.

(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.

(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.

• (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.

Offences in Relation to the Impressment of Carriages, &c.

181 Offences by constables.

181.—Any constable who—

• (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,

• (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,

• (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.

182 Offences by persons ordered to furnish carriages, animals, vessels, etc.

182.—A person ordered by a constable in pursuance of this Act to furnish any article who—

• (1) refuses or neglects to furnish the same according to the orders of such constable and this Act; or,

• (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,

• (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.

183 Offences by officers or soldiers.

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.

• (2) A certificate of a conviction for an offence under this Section shall be transmitted by the Court making such conviction to the Minister.

Supplemental Provisions as to Billeting and Impressment of Carriages.

184 Application to Court of Summary Jurisdiction respecting sums due to keepers of victualling houses or owners of carriages, etc.

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.

• (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.

185 Provisions as to constables, police authorities and peace commissioners.

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.”

186 Fraudulent claim for carriages; animals, etc.

186.—If any person—

• (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,

• (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,

• (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.

CHAPTER VII. Legal Penalties in Matters Respecting the Forces.

187 Punishment for pretending to be a deserter.

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.

188 Punishment for inducing officers or soldiers to desert or absent themselves without leave.

188.—Any person who by any means whatsoever—

• (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,

• (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,

• (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

189 Penalty for interference with military duties, etc.

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.

190 Apprehension of deserters.

190.—With respect to deserters and absentees without leave, the following provisions shall have effect:—

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (8) The Minister shall direct payment of the said fee.