DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

• (9) Where a person surrenders himself to a constable in Saorstát Eireann as being a deserter or absentee without leave, the officer of police in charge of the police station to which he is brought, shall forthwith inquire into the case, and if it appears that that person is a deserter or absentee without leave, he may cause him to be delivered into military custody without bringing him before a Court of Summary Jurisdiction under this Section, and in such case shall send to the Minister, or as he may direct, a certificate signed by himself as to the fact, date and place of such surrender.

191 Penalty on trafficking in commissions.

191.—Every person who negotiates, acts as agent for, or otherwise aids or connives at—

• (1) The sale or purchase of any commission in the Forces; or,

• (2) The giving or receiving of any valuable consideration in respect of any promotion in or retirement from such Forces, or any employment therein; or,

• (3) Any exchange which is made in manner not authorised by regulations for the time being in force and in respect of which any sum of money or other consideration is given or received;

shall be liable on conviction on indictment or information to a fine of one hundred pounds, or to imprisonment for any period not exceeding six months, and if an officer, on conviction by Court-Martial, to be dismissed from the Forces.

192 Penalty on purchasing from soldiers regimental necessaries, equipment, stores, etc., and for unlawful possession of military certificates, etc.

192.—(1) Every person who—

• (a) Buys, exchanges, takes in pawn, detains or receives from any person, on any pretence whatsoever; or,

• (b) Solicits or entices any person to sell, exchange, pawn, or give away; or

• (c) Assists or acts for any person in selling, exchanging, pawning, or making away with,

any of the property following, namely, any arms, ammunition, equipments, instruments, regimental necessaries, or clothing issued for the use of officers or soldiers, or any military decorations of an officer or soldier, or any furniture, bedding, blankets, sheets, utensils, and stores in regimental charge, or any provisions or forage issued for the use of an officer or soldier, or his horse, or any horse employed in the service, shall, unless he proves either that he acted in ignorance of the same being such property as aforesaid, or that the same was sold by order or with the consent of the Minister or some competent military authority, or that the same was the personal property of an officer who had retired or ceased to be an officer, or a soldier who had been discharged, or of the legal personal representatives of an officer or soldier who had died, be liable, on summary conviction, to a fine not exceeding twenty pounds, together with treble the value of any property of which such offender has become possessed by means of his offence, or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment.

• (2) Where any such property as is above in this Section mentioned is found in the possession or keeping of any person, such person may be taken or summoned before a Court of Summary Jurisdiction, and if such Court have reasonable ground to believe that the property so found was stolen, or was bought, exchanged, taken in pawn, obtained or received in contravention of this Section, then if such person does not satisfy the Court that he came by the property so found lawfully and without any contravention of this Act, he shall be liable on summary conviction to the same penalties as are prescribed in the case of a contravention of the last preceding sub-section.

• (3) A person charged with an offence against this Section, and the wife or husband of such person may, if he or she think fit, be sworn and examined as an ordinary witness in the case.

• (4) A person found committing an offence against this Section may be apprehended without warrant, and taken, together with the property which is the subject of the offence, before a Court of Summary Jurisdiction; and any person to whom any such property asabove mentioned is offered to be sold, pawned, or delivered, who has reasonable cause to suppose that the same is offered in contravention of this Section, may, and if he has the power shall, apprehend the person offering such property and bring him before a Court of Summary Jurisdiction

• (5) A Court of Summary Jurisdiction, if satisfied on oath that there is reasonable cause to suspect that any person has in his possession or on his premises, any property on or with respect to which any offence in this Section mentioned has been committed, may grant a warrant to search for such property, as in the case of stolen goods; and any property found on such search shall be seized by the officer charged with the execution of such warrant, who shall bring the person in whose possession the same is found before some Court of Summary Jurisdiction, to be dealt with according to law.

• (6) For the purpose of this Section, property shall be deemed to be in the possession or keeping of a person if he knowingly has it in the actual possession or keeping of any other person or in any house, building, lodging, apartment, field or place, open or enclosed, whether occupied by himself or not, and whether the same is so had for his own use or benefit or for the use or benefit of another.

• (7) Articles which are public stores within the meaning of the Public Stores Act, 1875, and are not included in the foregoing description, shall not be deemed to be stores issued as regimental necessaries or otherwise within the meaning of Section thirteen of that Act.

• (8) Every person who—

• (a) Receives, detains or has in his possession any identity certificate, life certificate or other certificate, or official document evidencing or issued in connection with the right of any person to a military pension pay or reserve pay, or to any bounty, allowance, gratuity, relief, benefit or advantage, granted in connection with military service, as a pledge or security for a debt, or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person; or

• (b) Without lawful authority or excuse (the proof whereof shall lie on the accused) has in his possession any such certificate or document, or any certificate of discharge or any other official document issued in connection with the mobilisation or demobilisation of any of the Forces or any member thereof;

shall be liable on summary conviction to the like penalty as for an offence under sub-section (1) of this Section, and any such certificate or other document shall be deemed to be property within the meaning of this Section.

193 Unauthorised use of decorations, etc.

193.—If—

• (1) any unauthorised person uses or wears any military decoration or medal, or medal ribbon, or any badge, wound stripe, or emblem supplied or authorised by the Minister, or any decoration, medal or medal ribbon, badge, wound stripe, or emblem so nearly resembling the same as to be calculated to deceive; or

• (2) any person falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, medal or medal ribbon, badge, wound stripe, or emblem as aforesaid; or

• (3) any person without lawful authority or excuse supplies or offers to supply any such decoration or medal as aforesaid to any person not authorised to use or wear the same;

he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months:

Provided that nothing in this Section shall be deemed to prohibit the wearing or supply of ordinary regimental badges or any brooch or ornament representing the same.

CHAPTER VIII. Jurisdiction.

194 Liability to military law in respect of status.

194.—(1) Where an offence under this Act has been committed by any person while subject to military law such person may be taken into and kept in military custody and tried and punished for such offence, although he, or the corps or battalion to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in military custody, tried or punished, if he or such corps or battalion had continued to be so subject:

Provided that where a person has since the commission of an offence ceased to be subject to military law, he shall not be tried for such offence, except in the case of the offence of mutiny, desertion, or fraudulent enlistment, unless his trial commences within three months after he has ceased to be subject to military law; but this Section shall not affect the jurisdiction of a Civil Court in the case of any offence triable by such Court as well as by Court-Martial.

• (2) Where a person subject to military law is sentenced by Court-Martial to penal servitude, imprisonment, or detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the service, or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention, and punished accordingly as if he continued to be subject to military law.

195 Adjustment of military and civil law.

195.—(1) If a person sentenced by a Court-Martial in pursuance of this Act to punishment for an offence is afterwards tried by a Civil Court for the same offence, that Court shall, in awarding punishment, have regard to the military punishment he may have already undergone.

• (2) Save as aforesaid, nothing in this Act shall exempt an officer or soldier from being proceeded against by the ordinary course of law, when accused or convicted of any offence, except such an offence as is declared not to be a crime for the purpose of the provisions of this Act relating to taking a soldier out of the service.

• (3) If an officer—

• (a) Neglects or refuses on application to deliver over to the civil magistrate any officer or soldier under his command who is so accused or convicted as aforesaid; or

• (b) Wilfully obstructs or neglects or refuses to assist constables or other ministers of justice in apprehending any such officer or soldier,

such officer shall, on conviction in any Superior Court, be guilty of a misdemeanour.

• (4) A certificate of a conviction of an officer under this Section, with the judgment of the Court thereon in such form as may be directed by the Minister, shall be transmitted to the Minister.

CHAPTER IX. Evidence.

196 Certain matters and documents to be evidence.

196.—The following enactments shall have effect with respect to evidence in Proceedings under this Act, whether before a Civil Court, or Court-Martial, that is to say:—

• (1) Any agreement, attestation or other form or document purporting to be signed by any person, upon his being attested as a soldier or enrolled in any portion of the Forces, shall be evidence of the fact that such person gave, in answer to the questions set forth in such form or document, the answers he is therein represented as having given.

• (2) The enlistment or enrolment of any person in the Forces may be proved by the production, by a witness on oath, of a copy of such person's attestation, or agreement form, purporting to be certified to be a true copy by the officer having the custody of such original attestation or agreement form, without proof of the handwriting of such officer or of his having custody of such original form.

• (3) A letter, return, or other document, respecting the service of any person in, or the discharge of any person from, any portion of the Forces, if purporting to be signed by or on behalf of the Minister, or the Commanding Officer of any portion of the Forces to which such person appears to have belonged,” or alleges that he belongs or had belonged, shall be evidence of the relevant facts stated in such letter, return, or other document.

• (4) Copies purporting to be printed and published by or under the authority of the Stationery Office of orders, rules, and regulations made under this Act, and of circulars or orders, shall be evidence of such orders, rules, regulations and circulars.

• (5) A Defence Force List or Defence Force Gazette purporting to be printed and published by or under the authority of the Stationery Office shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the corps or battalion or army or branch of the Service to which such officers belong.

• (6) When a record is made and filed in any battalion or command file of records in pursuance of this Act or otherwise in pursuance of military duty, and purports to be signed by the Commanding Officer, or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.

A copy of any such record purporting to be certified to be a true copy by the officer having the custody of such record, shall be evidence of such record.

• (7) A descriptive return within the meaning of this Act, purporting to be signed by a District Justice, shall be evidence of the matters therein stated.

• (8) Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered himself into the custody of an officer or any portion of the Forces, a certificate purporting to have been signed by such officer or by the Commanding Officer of the portion of the Forces to whom the surrender was made, and stating the fact, date, and place of such surrender, shall be evidence of the matters so stated.

• (9) Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has been delivered into military custody by a police officer in charge of a police station, a certificate purporting to be signed by such a police officer, and stating the fact, date, and place of the surrender of the officer or soldier, shall be evidence of the matters so stated.

• (10) For the purpose of this Act, the expression “Stationery Office” means the Stationery Office of the Government of Saorstát Eireann.

197 Evidence of conviction or civil acquittal.

197.—Whenever any person subject to military law has been tried by any Civil Court, the certificate of the Clerk of such Court or of his deputy, or of any other officer having the custody of the records of such Court, setting out the offence for which such person subject to military law was tried, together with the judgment of the Court thereon, or if such person was acquitted, the acquittal shall be evidence of the conviction and sentence, or of the order of the Court, or of the acquittal of such person, as the case may be.

198 Evidence of conviction by Court-Martial.

198.—The original proceedings of a Court-Martial purporting to be signed by the president thereof, and being in the custody of the prescribed officer having the lawful custody thereof, shall be deemed admissible in evidence on their mere production from such custody; and any copy purporting to be certified by the prescribed officer, having such custody as aforesaid, to be a true copy of such proceedings, or of any part thereof, shall be admissible in evidence without proof of the signature of such officer.

CHAPTER X. Summary and other Legal Proceedings.

199 Prosecution of offences and recovery and application of fines.

199.—(1) A Court of Summary Jurisdiction, having jurisdiction in the place where the offence was committed or in the place where the offender may for the time being be, shall have jurisdiction over all offences triable in a Civil Court under this Act, except any such offence as is declared by this Act to be a misdemeanour or to be punishable on indictment; and any offence within the jurisdiction of a Court of Summary Jurisdiction may be prosecuted, and the fine and forfeiture in respect thereof may be recovered on summary conviction, in manner provided by the Summary Jurisdiction Acts.

• (2) Any proceedings taken before a Court of Summary Jurisdiction in pursuance of this Act shall be taken in accordance with the Summary Jurisdiction Acts so far as applicable.

• (3) A Court of Summary Jurisdiction imposing a fine in pursuance of this Act may, if it seems fit, order a portion of such fine, not exceeding one half, to be paid to the informer.

• (4) Subject to the provisions of this Act with regard to the payment to the informer, fines and other sums recovered before a Court of Summary Jurisdiction in pursuance of this Act shall, be applied in manner directed by the Fines Act (Ireland), 1851, and any Acts amending the same.

200 Protection of persons acting under this Act.

200.—(1) Any action, prosecution or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged, neglect or default in the execution of this Act, shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

• (2) In any such action tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendants shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action.

• (3) Every such action, and also every action against a member or minister of a Court-Martial in respect of a sentence of such Court, or of anything done by virtue, or in pursuance, of such sentence, shall be brought in a Superior Court.

CHAPTER XI Miscellaneous.

201 Exercise of powers vested in holder of military office.

201.—Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office may be exercised by or be done by, to, or before any other person for the time authorised in that behalf according to the customs of the service, or according to rules made under Section 125 of this Act.

202 Provisions as to warrants and orders of military authorities.

202.—(1) Where any order is authorised by this Act to be made by the Minister, or by any general or other officer commanding, such order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of the Minister, general or other officer commanding, and an order, instruction or letter purporting to be signed by any officer appearing therein to be so authorised shall be evidence of his being so authorised.

• (2) The foregoing enactment of this Section shall extend to any order or direction issued in pursuance of this Act in relation to a military convict or military prisoner or soldier undergoing detention, and any such order or direction shall not be held invalid by reason of the death or removal from office of the officer signing or ordering the issue of same, or by reason of any defect in such order or direction, if it be alleged in such order or directions that the convict or prisoner or soldier undergoing detention has been convicted, and there is a good and valid conviction to sustain the order or direction.

• (3) An order in any case, if issued in the prescribed form, shall be valid, but an order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of such deviation.

• (4) Where any military convict, or military prisoner or soldier undergoing detention is for the time being in custody, whether military or civil, in any place or manner in which he might legally be kept in pursuance of this Act, the custody of such convict or prisoner or soldier shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant, or other document, or the authority by or in pursuance whereof such convict, prisoner or soldier, was brought into or is detained in such custody, and any such order, warrant or document may be amended accordingly.

• (5) Where a military convict, or a military prisoner, or a soldier undergoing detention, or a person who is subject to military law and charged with an offence, is a prisoner or soldier in military custody and for the purpose of conveyance by sea is delivered on board a ship to the person in command of the ship, or to any other person on board the ship acting under the authority of the commander, the order of the military authority which authorises the prisoner or soldier to be conveyed by sea shall be a sufficient authority to such person, and to the person for the time being in command of the ship, to keep the said prisoner or soldier in custody and convey him in accordance with the order, and the prisoner or soldier while so kept shall be deemed to be kept in military custody.

203 Furlough in case of sickness.

203.—If any soldier on furlough is detained by sickness or other casualty rendering necessary any extension of such furlough in any place, and there is not any officer in the performance of military duty of the rank of captain, or of higher rank, within convenient distance of the place, any District Justice or Peace Commissioner who is satisfied of such necessity may grant an extension of furlough for a period not exceeding one fortnight, and the said District Justice or Peace Commissioner shall by letter immediately certify such extension and the cause thereof to the Commanding Officer of such soldier, if known, and if not, then to the Minister. The soldier may be recalled to duty by his Commanding Officer or other competent military authority, and the furlough shall not be deemed to be extended after such recall but, save as aforesaid, the soldier shall not in respect of the period of such extension of furlough, be liable to be treated as a deserter or as absent without leave.

204 Licences of canteens.

204.—(1) When a person holds a canteen under the authority of the Minister, it shall be lawful for a District Justice within his jurisdiction to grant, transfer, or renew any licence for the time being required to enable such person to obtain or hold any excise licence for the sale of any intoxicating liquor, without regard to the time of year, and without regard to the requirements as to notices, certificates, or otherwise, of any Acts, for the time being in force affecting such licences; and excise licences may be granted to such persons accordingly.

• (2) For the purpose of this Section the expression “licence” includes any licence or certificate for the time being required by law to be granted, renewed or transferred by any District Justice, in order to enable any person to obtain or hold any excise licence for the sale of any intoxicating liquor.

205 Use of recreation rooms without licence.

205.—Notwithstanding anything in the Disorderly Houses Act, 1751, or in the Theatres Act, 1843, where a recreation room is managed or conducted under the authority of the Minister, it may be used for public dancing, music, or other public entertainment of the like kind or for the public performance of stage plays, without any licence in pursuance of those Acts, or either of them.

206 Conveyance of the Forces by railway.

206.—(1) For the purpose of moving by railway on any occasion of the public service any member of the Forces, every railway company in Saorstát Eireann shall, on the production of a route duly signed for the conveyance of any members of the Forces, provide conveyance for such members of the Forces and their personal luggage, and also for any public baggage, stores, arms, ammunition and other necessaries and things whether actually accompanying such members of the Forces or not, at all usual times at which passengers are conveyed by the company, on such terms as may be agreed on between the railway company and the Minister and subject to and in default of such agreement on the following terms:—

• (i) The passenger carriages provided shall be of such classes in use on the railway, and in such proportions, as specified in the route, all carriages being protected from weather and having proper accommodation.

• (ii) The fares shall not exceed the following proportions of the fares charged to private passengers for the single journey by ordinary train in the respective classes of carriages specified in the route, that is to say, if the number of persons conveyed is less than one hundred and fifty three-fourths; and if the number is one hundred and fifty or more, then for the first hundred and fifty three-fourths, as for four officers and one hundred and forty-six soldiers or other persons; and for the numbers in excess of the said one hundred and fifty, one half.

• (iii) This Section shall apply to such wives and widows, and children of members of the Forces as are entitled to be conveyed at the public expense, in like manner as if they were part of the Forces, but children less than three years old shall be conveyed free of charge, and the fare for a child more than three and less than twelve years old shall be half the fare payable under this Section for an adult.

• (iv) One hundred weight of personal luggage shall be conveyed by the railway company free of charge for every one person conveyed under this Section who is required by the route to be conveyed first class, and half a hundred weight for every other person conveyed; and any excess of weight shall be conveyed at not more than two-thirds of the rate charged to the public for excess luggage.

• (v) The said public luggage, stores, arms, ammunition, necessaries and things shall be carried at rates not exceeding two pence per ton per mile; the assistance of the Forces shall be given in loading and unloading the same.

• (vi) Provided that the company shall not be bound under this Section to carry gunpowder or other explosive or combustible matter, except on terms agreed upon between the company and the Minister, as the case may be.

• (2) For the purposes of this Section, a route duly signed shall be deemed to be a route issued and signed in accordance with Section one hundred and sixty-seven of this Act, or an order signed by a person authorised in this behalf by the Minister.

207 Sanction of Finance Minister necessary for regulations.

207.—Any regulations of the Minister under this Act which involve a charge on public funds shall be made with the concurrence of the Minister for Finance.

CHAPTER XII. Application of Military Law.

208 Persons subject to military law as officers.

208.—The persons in this Section mentioned are persons subject to military law as officers, and this Act shall apply to all persons so specified, that is to say:—

• (1) Officers of the Forces on the active list, within the meaning of any warrant for regulating the pay and promotion of the Forces, and officers not on such active list who are employed on military service under the orders of an officer of the Forces who is subject to military law.

• (2) Any officer belonging to the Reserve when he is ordered on duty for which, as an officer belonging to the Reserve, he is liable.

209 Persons subject to military law as soldiers.

209.—The persons in this Section mentioned are persons subject to military law as soldiers, and this Act shall apply accordingly to all persons so specified, that is to say:—

• (1) All soldiers of the Forces.

• (2) All non-commissioned officers and men belonging to the Reserve—

• (a) When called for training and exercise; and

• (b) When called out for duty in aid of the civil power; and

• (c) When called out on permanent service; and

• (d) When employed in military service under the orders of an officer of the Forces.

PART III. The Reserve.

210 Raising and number of Reserve.

210.—It shall be lawful for the Executive Council to raise and maintain a reserve force (hereinafter referred to as the Reserve) for the Forces consisting of such number of officers, non-commissioned officers and men as may from time to time be provided by the Oireachtas.

211 Control of the Reserve.

211.—The control of the Reserve shall be vested in the Executive Council subject to the provisions of this Part of this Act.

212 Personnel of the Reserve.

212.—The Reserve shall consist of—

213 Composition of Reserve of Officers.

213.—(1) The Reserve of Officers shall consist of officers of the Forces who have retired therefrom.

• (2) Officers belonging to the Reserve of Officers shall be liable to be recalled to service in the Forces under such conditions as may be prescribed.

• (3) Officers belonging to the Reserve of Officers shall serve under such conditions as may be prescribed.

214 Composition of Reserve of Men.

214.—(1) The Reserve of Men shall consist of non-commissioned officers and men who having served in the Forces have been transferred to the Reserve in pursuance of Part II., Chapter V., of this Act.

• (2) Men belonging to the Reserve of Men shall be liable to be recalled to service in the Forces as provided by this Part of this Act.

The expression “man” when used in this Part of this Act shall unless inconsistent with the context include a noncommissioned officer.

215 General organisation of the Reserve.

215.—The Reserve shall be organised by such units of the various combatant arms and departmental services as may be prescribed.

216 Orders and regulations as to the Reserve.

216.—(1) Subject to the provisions of this Part of this Act it shall be lawful for the Minister from time to time to make and when made revoke and vary orders with respect to the government, discipline, and pay of the Reserve and with respect to other matters and things relating to the Reserve, including any matter by this Part of this Act authorised to be prescribed or expressed to be subject to orders or regulations.

• (2) All orders and general regulations made under this Part of this Act shall be laid before both Houses of the Oireachtas as soon as practicable after they are made if both Houses be then sitting, or if both Houses of the Oireachtas be not sitting, then as soon as practicable after the beginning of the then next session of the Oireachtas.

217 Date of establishment of the Reserve.

217.—The Reserve shall be established as from a date to be fixed by Proclamation of the Executive Council in the Iris Oifigiúil.

218 Calling out the Reserve in aid of the civil power.

218.—(1) It shall be lawful for an Executive Minister at any time, when occasion appears to so require, to call out the whole or so many of the Reserve as he thinks necessary to aid the civil power in the preservation of public order.

• (2) It shall be lawful for any officer commanding the Forces in any town or district on the requisition in writing of a District Justice to call out for the purpose aforesaid the men belonging to the Reserve who are resident in such town or such of them as he may think necessary.

219 Punishment of certain offences by Reserve men.

219.—(1) Where a man belonging to the Reserve—

• (a) Fails without reasonable excuse on two consecutive occasions to comply with the orders or regulations in force under this Part of this Act with respect to the payment of the Reserve; or

• (b) When required by or in pursuance of the orders or regulations in force under this Part of this Act to attend at any place fails without reasonable excuse to attend in accordance with such requirements; or

• (c) Uses threatening or insulting language or behaves in an insubordinate manner to any officer or non-commissioned officer who in pursuance of the orders or regulations in force under this Part of this Act is acting in execution of his office and who would be the superior officer of such man, if such man were subject to military law; or

• (d) By any fraudulent means obtains or is accessory to the obtaining of any pay or other sum contrary to the orders or regulations in force under this Part of this Act; or

• (e) Fails without reasonable excuse to comply with the orders or regulations in force under this Part of this Act;

he shall be guilty of an offence.

• (2) A man belonging to the Reserve who commits an offence under this Section, whether otherwise subject to military law or not shall be liable as follows:—

• (a) Be liable to be tried by Court-Martial and on conviction to suffer imprisonment or such less punishment as is in Part II., Chapter I., of this Act mentioned; or

• (b) Be liable to be convicted by a Court of Summary Jurisdiction and to be sentenced to a fine of not less than forty shillings and not more than twenty-five pounds, and in default of payment to imprisonment, with or without hard labour, for any term of not less than seven days and not more than the maximum term allowed by law for non-payment of the fine and may in any case be taken into military custody.

• (3) Where a man belonging to the Reserve commits in the presence of any officer an offence under this Section, or any offences under sub-section two or sub-section three of Section 135 of this Act (relating to the punishment of personation) that officer may, if he thinks fit, order such man, in lieu of being taken into military custody, to be taken into the custody of any Civic Guard, and brought before a Court of Summary Jurisdiction for the purpose of being dealt with by that Court.

• (4) A certificate purporting to be signed by an officer who is therein mentioned as an officer appointed to pay a man belonging to the Reserve, and stating that such man has failed on two consecutive occasions to comply with the orders or regulations in force under this Part of this Act with respect to the payment of the Reserve, shall, without proof of the signature or appointment of such officer, be evidence of such failure.

• (5) Where a man belonging to the Reserve is required by or in pursuance of the orders or regulations in force under this Part of this Act to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting men belonging to the Reserve, or for any other purpose connected with the Reserve, and stating that the man failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence of such failure.

220 Training of Reserve men.

220.—(1) All or any of the men belonging to the Reserve may be called out for training at such times and at such place or places within Saorstát Eireann and for such periods as may be prescribed not exceeding in any one year thirty days.

• (2) Every man so called out may during his training be attached to and trained with a body of the Forces.

221 Calling out the Reserve on permanent service.

221.—(1) In case of imminent national danger or of great emergency it shall be lawful for the Executive Council by proclamation the occasion being first communicated to the Oireachtas if the Oireachtas be then sitting, or notified by proclamation if the Oireachtas be not then sitting, to order that the Reserve shall be called out on permanent service.

• (2) It shall be lawful for the Executive Council by any such proclamation to order an Executive Minister from time to time to give and when given to revise or vary such directions as may seem necessary or proper for calling out the force mentioned in the proclamation or all or any of the men belonging thereto.

• (3) Every such proclamation and the directions given in pursuance thereof shall be obeyed as if enacted in this Act, and every man for the time being called out by such directions shall attend at the place and time fixed by those directions and at and after that time shall be deemed to be called out on permanent service.

• (4) A proclamation under this Section shall for the purpose of Section one hundred and fifty-five of this Act be deemed to be a proclamation requiring soldiers in the Reserve to re-enter upon army service.

222 Assembly of both Houses of the Oireachtas when the Reserve is ordered to be called out on permanent service.

222.—Whenever the Executive Council orders the Reserve to be called out on permanent service if the Oireachtas be then separated by such adjournment or prorogation as will not expire within ten days, a proclamation shall be issued for the meeting of the Oireachtas within ten days and the Oireachtas shall accordingly meet and sit upon the day appointed by such proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.

223 Service of Reserve men called out.

223.—(1) A man belonging to the Reserve when called out on permanent service shall be liable to serve until the Executive Council no longer requires his services, so however that he shall not be required to serve for a period exceeding in the whole the remainder unexpired of his term of service in the Reserve and any further period not exceeding twelve months during which as a soldier of the Forces he can under Section one hundred and fifty-five of this Act, be detained in service after the time at which he would be entitled to be discharged.

• (2) A man called out on permanent service shall during his service form part of the Forces and be subject to Part II. of this Act accordingly and the prescribed military authority within the meaning of Chapter V. of Part II. of this Act may if it seems proper appoint him to any corps as a soldier of the Forces and the said prescribed military authority may within three months after such appointment transfer him to any other corps of the Forces.

224 Punishment for non-attendance for annual training or permanent service, etc.

224.—(1) When a man belonging to the Reserve is called out for annual training or on permanent service, or when a man belonging to the Reserve is called out in aid of the civil power, and such man without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at any time and place at which he is required upon such calling out to attend, he shall—

• (a) If called out on permanent service or in aid of the civil power be guilty according to the circumstances of deserting within the meaning of Section forty-two of this Act or of absenting himself without leave within the meaning of Section forty-five of this Act; and

• (b) If called out for annual training be guilty of absenting himself without leave within the meaning of Section forty-five of this Act.

• (2) A man belonging to the Reserve who commits an offence under this Section or under Section forty-two or Section forty-five of this Act, whether otherwise subject to military law or not, shall be liable as follows, that is to say:—

• (a) Be liable to be tried by Court-Martial and convicted and punished accordingly; or

• (b) Be liable to be convicted by a Court of Summary Jurisdiction, and to be sentenced to a fine of not less than forty shillings and not more than twenty-five pounds, and in default of payment to imprisonment with or without hard labour for any term not less than seven days and not more than the maximum term allowed by law for non-payment of the fine,

and may in any case be taken into military custody.

225 Supplemental provisions as to deserters and absentees.

225.—(1) Section one hundred and ninety of this Act shall apply to a man who is a deserter or absentee from the Reserve within the meaning of this Part of this Act in like manner as it applies to a deserter in that Section mentioned, and a man who under that Section is delivered into military custody or committed for the purpose of being so delivered may be tried as provided by this Part of this Act.

• (2) Any person who falsely represents himself to be a deserter or absentee without leave from the Reserve, shall be liable on conviction by a Court of Summary Jurisdiction to imprisonment with or without hard labour for a term not exceeding three months.

226 Punishment for inducing Reserve man to desert or absent himself.

226.—(1) Any person who by any means whatever—

• (a) Procures or persuades any man belonging to the Reserve to commit an offence of absence without leave within the meaning of this Part of this Act or attempts to procure or persuade any man belonging to the Reserve to commit such offence; or

• (b) Knowing that a man belonging to the Reserve is about to commit an offence of absence without leave within the meaning of this Part of this Act, aids or assists him in so doing; or

• (c) Knowing any man belonging to the Reserve to be an absentee without leave within the meaning of this Part of this Act, conceals such man or aids or assists him in concealing himself or employs or continues to employ him or aids or assists in his rescue;

shall be liable on conviction by a Court of Summary Jurisdiction to a fine not exceeding twenty pounds.

• (2) Section one hundred and eighty-eight of this Act shall apply as if a man belonging to the Reserve were a soldier and as if the word “desert” and any other words referring to desertion included desertion within the meaning of this Part of this Act as well as desertion within the meaning of Part II. Chapter I. of this Act; and any person who, knowing any man belonging to the Reserve to be a deserter within the meaning of this Act employs or continues to employ such man, shall be deemed to aid him in concealing himself within the meaning of the said Section.

227 Record of illegal absence of Reserve man.

227.—(1) Where a man belonging to the Reserve is subject to military law, and is illegally absent from duty, a court of inquiry under Section one hundred and nineteen of this Act, may be assembled after the expiration of twenty-one days from the date of such absence, notwithstanding that the period during which such man was subject to military law is less than twenty-one days, or has expired before the expiration of twenty-one days; and the record mentioned in that Section may be entered in the manner thereby provided, or in such regimental books and by such officer as may be prescribed.

• (2) Where a man belonging to the Reserve fails to appear at the time and place at which he is required upon being called out for training or on permanent service to attend, and his absence continues for not less than fourteen days, an entry of such absence shall be made by the prescribed officer in the prescribed manner and in the prescribed regimental books and such entry shall be conclusive evidence of the fact of such absence.

228 Exercise of powers vested in holder of military office.

228.—(1) Any power or jurisdiction given to and any act or thing to be done by, to or before any person holding any military office may in relation to the Reserve be exercised by or done by, to or before any other person for the time being authorised in that behalf according to the custom of the service.

• (2) Where by this Part of this Act or by any order or regulation in force under this Part of this Act, any order is authorised to be made by any military authority such order may be signified by an order, instruction or letter under the hand of an officer authorised to issue orders on behalf of such military authority, and an order, instruction, or letter purporting to be signed by an officer appearing therein to be so authorised shall be evidence of his being so authorised.

229 Application to the Reserve of enactments respecting exemption from tolls and conveyance of the Forces.

229.—(1) For the purpose of Section one hundred and thirty-nine of this Act and of all other enactments relating to such duties, tolls and ferries as are in that Section mentioned officers and men belonging to the Reserve when going to or returning from any place at which they are required to attend and for non-attendance at which they are liable to be punished shall be deemed to be officers and soldiers of the Forces on duty.

• (2) The provisions of Section two hundred and six of this Act and all other enactments for the time being in force concerning the conveyance by railway or otherwise of any part of the Forces and their baggage, stores, arms, ammunition and other necessaries and things, shall apply as if the Reserve were such part of the Forces.

230 Notices.

230.—With respect to notices required in pursuance of the orders or regulations in force under this Part of this Act to be given to men belonging to the Reserve the following provisions shall have effect:—

• (i) A notice may be served on any such man either by being sent by post to his last registered place of abode or by being served in the prescribed manner;

• (ii) Evidence of the delivery at the last registered place of abode of a man belonging to the Reserve of a notice, or of a letter addressed to such man and containing a notice, shall be evidence that such notice was brought to the knowledge of such man;

• (iii) The publication of a notice in the prescribed manner in the parish in which the last registered place of abode of a man belonging to the Reserve is situate shall be sufficient notice to such man, notwithstanding that a copy of such notice is not served on him;

• (iv) Every Civic Guard shall when so required by or on behalf of the Minister, conform with the orders and regulations for the time being in force under this Part of this Act with respect to the publication and service of notices, and in default shall be liable on conviction by a Court of Summary Jurisdiction to a fine not exceeding twenty pounds.

231 Trial of offences.

231.—(1) Any offence, which under this Act is punishable on conviction by Court-Martial, shall for the purposes of and incidental to the arrest, trial and punishment of the offender, including the summary dealing with the case by his Commanding Officer, be deemed to be an offence under Part II. of this Act with this modification that reference in Part II. of this Act to forfeitures and stoppages shall be construed to refer to such forfeitures and stoppages as may be prescribed.

• (2) Any offence which under this Part of this Act is punishable on conviction by a Court of Summary Jurisdiction may be prosecuted, and any fine recoverable on such conviction may be recovered in manner provided by Section one hundred and ninety-nine of this Act (in like manner as if that Section was herein re-enacted and in terms made applicable to this Part of this Act).

• (3) Save as provided by the said Section one hundred and ninety-nine the minimum fixed by this Part of this Act for the amount of any fine or for the term of any imprisonment shall be duly observed by Courts of Summary Jurisdiction and shall notwithstanding anything contained in any other Act not be reduced by way of mitigation or otherwise.

• (4) For the purposes of this Section the expression “tried by Court-Martial” shall include “summarily dealt with.”

232 Provisions as to offences.

232.—With respect to the trial and punishment of men charged with offences which in pursuance of this Act are cognisable both by a Court-Martial and by a Court of Summary Jurisdiction, the following provisions shall have effect:—

• (i) An alleged offender shall not be liable to be, tried by Court-Martial and by a Court of Summary Jurisdiction, but may be tried by either of such Courts, according as may be prescribed by orders or regulations under this Part of this Act.

• (ii) Proceedings against an alleged offender before either a Court-Martial or his Commanding Officer or a Court of Summary Jurisdiction, may be instituted whether the term of his Reserve service has or has not expired, and may notwithstanding anything in any Act, be instituted at any time within two months after the time at which the offence becomes known to an officer who under the powers or regulations in force under this Part of this Act has power to direct the offender to be tried by a Court-Martial or by a Court of Summary Jurisdiction, if the offender is apprehended at that time, or if he is not apprehended at that time, then within two months after the time at which he is apprehended, whether such apprehension is by a civil or military authority, and any limitation contained in any other Act with respect to the time for hearing and determining an offence shall not apply in the case of any proceeding so instituted.

233 Evidence.

233.—(1) Section one hundred and ninety-seven of this Act (which relates to evidence of the civil conviction or acquittal of a person subject to military law) shall apply to a man belonging to the Reserve who is tried by a Civil Court, whether he is or is not at the time of such trial subject to military law.

• (2) Section one hundred and ninety-six of this Act (relating to evidence) shall apply to all proceedings under this Part of this Act.

PART IV. Transitory Provisions.

234 Duration of this Part of Act.

234.—Until the Forces have been established under Section twenty-two of this Act, the provisions hereinafter mentioned shall have effect.

235 National Forces as at present constituted to be armed forces mentioned in Article 46 of the Constitution.

235.—The armed forces of the State as at present constituted and existing (hereinafter referred to as the National Forces) shall be deemed to be the armed forces to be raised under Article 46 of the Constitution and the maintenance thereof is hereby declared to be legal.

236 Provisions as to command-in-chief and administrative and executive powers.

236.—The command-in-chief of and all executive and administrative powers in relation to the National Forces (including the power to delegate authority to such persons as may be thought fit) shall be vested in the Executive Council and exercised through and in the name of the Minister.

237 General organisation of the National Forces.

237.—The organisation of the National Forces shall be as at present existing. The Minister may however make such changes therein as he may deem necessary.

238 Orders and regulations now in force to have effect.

238.—All orders and regulations now in force in the National Forces shall continue to be in full force and effect.

239 Liability of soldiers now serving in National Forces.

239.—All soldiers now serving in the National Forces by virtue of any agreement or attestation shall be liable to continue to serve in accordance with the terms of such agreement or attestation.

240 Officers.

240.—All officers now serving in the National Forces shall continue to hold their appointments as such during the pleasure of the Executive Council.

241 Power to dismiss officer or soldier.

241.—The Executive Council acting through the Minister may dismiss or dispense with the services of any officer of the National Forces or discharge any soldier of the National Forces.

242 Application of Part II. of Act.

242.—The provisions of Part II. save Chapters V. and XII. of this Act shall apply to all members of the National Forces as if for references therein to the Forces were substituted references to the National Forces subject however to the following modifications:—

• (1) The expressions contained in Part II. of this Act which are also mentioned in Section two hundred and forty-six of this Act shall have the meanings respectively assigned to them by Section two hundred and forty-six of this Act and not the meanings respectively assigned to them by Section three of this Act.

• (2) Such other general or specific modifications or adaptations as the Minister may prescribe.

243 Application of Section 2 of Act.

243.—In the application of Section two of this Act the National Forces shall be deemed to be included in the expression “the armed forces to be raised under this Act.”

244 Provision as regards Article 71 of the Constitution.

244.—For the purposes of Article 71 of the Constitution all members of the National Forces shall be deemed to be on active service.

245 Power to make Regulations.

245.—(1) The Minister may make regulations relating to all matters which are by this Part of this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the National Forces, or for carrying out and giving effect to the provisions of this Part of this Act.

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

246 Definitions.

246.—In this Part of this Act if not inconsistent with the context the following expressions shall have the meanings respectively assigned to them by this Section that is to say:—

• (a) The expression “person subject to military law” means any officer, non-commissioned officer or soldier attached to or serving with the National Forces at the date of the passing of this Act and includes all persons under sentence of a Court-Martial.

• (b) The expression “officer” means any officer appointed as such and serving with the National Forces at the date of the passing of this Act and includes any officer in pay as an officer of the National Forces.

• (c) The expression “soldier” includes a non-commissioned officer or soldier of the National Forces but does not include an officer as above defined.

FIRST SCHEDULE. Form of Commission to an Officer.

SAORSTÁT EIREANN.

OGLAIGH na heireann.

To (Name of Officer)__trusting in your loyalty to our country and reposing special confidence in your courage honour good conduct and intelligence the Executive Council of Saorstát Eireann in exercise of the powers in that behalf conferred by the Defence Forces (Temporary Provisions) Act, 1923, hereby constitutes and appoints you to be an officer in OGLAIGH na hEIREANN as from the ___day of _19 __You will bear true faith and allegiance to our country and serve and defend her against all her enemies whomsoever. You will discharge your duty in the rank of ______or in any higher rank to which your merit may hereafter determine your appointment or promotion, which appointment or promotion will be notified in the “Iris Oifigiúil.” You will exercise and train in arms and maintain in good order and discipline the soldiers and inferior officers serving under you who are hereby each and all enjoined and commanded to render you obedience as their superior officer. You will yourself observe and obey without question such orders and directions as you shall from time to time receive from the Minister for Defence for the time being or from any of your superior officers according to law.

IN WITNESS WHEREOF WE have hereunto set our respective hands and seals at__this_day of__in the year one thousand nine hundred and_

Signed ____

President of Executive Council of Saorstát Eireann

---

Minister of Defence, Commander-in-Chief.

SECOND SCHEDULE. Form of Oath or Declaration to be taken or made under Section 21 of the Act.

I do solemnly swear (or declare) that I have this day freely and voluntarily enlisted as a soldier in Oglaigh na hEireann; that I will faithfully serve as such for the period of from the day of 19 (unless sooner discharged by proper authority) and under the conditions prescribed in accordance with law; and I will accept such pay, bounty, rations and clothing as may from time to time be prescribed in accordance with law;

And I further solemnly swear (or declare) that I will bear true faith and allegiance to our country and faithfully serve and defend her against all her enemies whomsoever and that I will submit myself to discipline, and obey without question the orders of the officers appointed over me according to law.

Signature.

Sworn (Declared) before me this day of 19 at

---

Signature of District Justice or Peace Commissioner attesting.

THIRD SCHEDULE.

Abduction.

Arson.

Assault.

Blasphemy.

Bigamy.

Breaking and Entering.

Bribery.

Burglary.

Cheating.

Coining.

Embezzlement.

False Imprisonment.

False Personation.

False Pretences

Falsification of Accounts

Forgery.

Housebreaking.

Incest.

Inciting to Commit Crime.

Indecent Assault on Males or Females.

Larceny.

Malicious Damage.

Perjury.

Poaching.

Receiving Stolen Property.

Robbery.

Shooting.

Suicide: Attempt to Commit.

Wounding.

FOURTH SCHEDULE. Form of Oath to be taken by a Master whose Apprentice has absconded, and of District Justice's Certificate Annexed.

I, of do make oath, that I am by trade a and that was bound to serve as an apprentice to me in the said trade, by indenture dated the day of for the term of years; and that the said did on or about the day of abscond and quit my service without my consent; and that to the best of my knowledge and belief the said is aged about years. Witness my hand at the day of one thousand nine hundred and

• (Signed) _______

• (Signed) _______

District Justice for

I hereby certify that the foregoing affidavit was sworn before me at this day of one thousand nine hundred and

FIFTH SCHEDULE. BILLETING.

PART I. Accommodation to be Furnished by Keeper of Victualling House.

A keeper of a victualling house on whom any officer, soldier, or horse is billeted—

(1). Shall furnish the officer and soldier with lodging and attendance; and

(2). Shall, if required by the officer and soldier, furnish him for every day of the march, and for not more than two days, if the officer or soldier is halted at an intermediate place on the march for more than two days, and on the day of arrival at the place of final destination, with breakfast, hot dinner, and supper on each day, such meals to consist of such quantities of food and drink as may from time to time be fixed by Regulations of the Minister, not exceeding—

• (a) For breakfast, five ounces of bread, one pint of tea with milk and sugar, four ounces of bacon;

• (b) For hot dinner, twelve ounces of meat, previous to being dressed, six ounces of bread, eight ounces of potatoes or other vegetables;

• (c) For supper, five ounces of bread, one pint of tea with milk and sugar, two ounces of cheese; and

(3). When an officer or a soldier is not so entitled to be furnished with “a meal,” shall furnish the officer or soldier with candles, vinegar and salt, and allow him the use of fire, and the necessary utensils for dressing and eating his meal; and

(4). Shall furnish stable room and ten pounds of oats, twelve pounds of hay, and eight pounds of straw on every day for each horse.

For the purposes of this Part of this Schedule the expression “furnished with lodging” shall include the provision of a separate bed for each officer and soldier.

PART II. Regulations as to Billets.

(1). When the troops are on the march the billets given shall, except in case of necessity or of an order of a District Justice, be upon victualling houses in or within one mile from the place mentioned in the route.

(2). Care shall always be taken that the billets be made out to the less distant victualling houses in which suitable accommodation can be found before billets are made out for the more distant victualling houses

(3). Except in case of necessity, where horses are billeted, each man and his horse shall be billeted on the same victualling house.

(4). Except in case of necessity, one soldier at least shall be billeted where there are one or two horses, and two soldiers at least where there are four horses, and so in proportion for a greater number,

(5). Except in case of necessity, a soldier and his horse shall not be billeted at a greater distance from each other than one hundred yards.

(6). When any soldiers with their horses are billeted upon the keeper of a victualling house who has no stables, on the written requisition of the Commanding Officer present the constable shall billet the soldiers and their horses, or the horses only, on the keeper of some other victualling house who has stables, and a Court of Summary Jurisdiction upon complaint by the keeper of the last-mentioned victualling house may order a proper allowance to be paid to him by the keeper of the victualling house releived.

(7). An officer demanding billets may allot the billets among the soldiers under his command and their horses as he thinks most expedient for the public service, and may from time to time vary such allotment.

(8). The Commanding Officer may, where it is practicable, require that not less than two men shall be billeted in one house

SIXTH SCHEDULE. Impressment of Carriages.

Table of Rates of Payment for Carriages and Animals.

Carriages and Animals.	Rate per Mile.
For every hundredweight loaded on any wheeled vehicle.	One halfpenny.

The mileage when reckoned for the purpose of payment shall include the distance from home to the place of starting, and the distance home from the place of discharge.

Regulations as to Carriages and Animals.

(1). Where the whole distance for which a carriage is furnished is under one mile the payment shall be for a full mile.

(2). The minimum sum payable for a car shall be threepence, and for a dray, sixpence per mile.

(3). The payment shall be at the same rate for each hundredweight in excess of the amount which the carriage is liable under this schedule to carry.

(4). A carriage shall not be required to travel more than twenty-five miles.

(5). A carriage shall not, except in case of pressing emergency, be required to travel more than one day's march prescribed in the route.

(6). A carriage shall not be required to carry, if a car more than six hundredweight, and if a dray more than twelve hundredweight.

(7). The load for each carriage shall, if required, at the expense of the owner of the carriage, and if the same can be done within a reasonable time without hindrance to the service, be weighed before it is placed in the carriage.

SEVENTH SCHEDULE. Form of Descriptive Return.

Descriptive Return of who at on the day of and was committed to confinement at on the day of as a Deserter (or Absentee without leave) from the Bn. of the Regiment of

After the word “who” to be inserted either the words “was apprehended” or “surrendered himself” as the case may be.

Age ___________

Height ________ Feet. Inches.

Complexion ___________

Hair ___________

Eyes ___________

Marks __________

In uniform or plain clothes_______

Probable date and place of attestation__________

Probable date of desertion or beginning of absence, and from what place _______

Name, occupation, and address of the person by whom or through whose means the Deserter (or Absentee without leave) was apprehended and secured ________

Particulars in the evidence on which the Prisoner is committed, and showing whether he surrendered or was apprehended, and in what manner and upon what grounds. The fullest possible details to be given________

I do hereby certify that the Prisoner has been duly examined before me as to the circumstances herein stated, and has declared in my presence that he	__ Signature.	}	of Committing District Justice.
I do hereby certify that the Prisoner has been duly examined before me as to the circumstances herein stated, and has declared in my presence that he	__ Residence.	}	of Committing District Justice.
I do hereby certify that the Prisoner has been duly examined before me as to the circumstances herein stated, and has declared in my presence that he	__ Post Town	}	of Committing District Justice.
---	---
the before mentioned corps, and I recommend for a reward of	__ Signature of Prisoner. __ Signature of Informant.

Or where the Prisoner confessed and evidence of the truth or falsehood of such confession is not then forthcoming—

I hereby certify that the above named Prisoner confessed to the circumstances above stated, but that evidence of the truth or falsehood of such confession is not forthcoming, and that the case was adjourned until the day of for the purpose of obtaining such evidence from a Member of the Executive Council.	__ Signature. _ Residence. ___ Post Town.

EIGHTH SCHEDULE. Provisions as to Determining Amount to be Paid for Articles Requisitioned.