DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

FIRST SCHEDULE. Form of Commission to an Officer.

Form of Commission to an Officer.

Section 10.

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.

Short Title and Duration of Act.

Short Title and Duration of Act.

1

1.—This Act may be cited for all purposes as the Defence Forces (Temporary Provisions) Act, 1923.

This Act shall continue in force until other provisions shall have been made by law for the defence of Saorstát Eireann and shall not in any case continue in force after a period of one year from the date of the passing hereof.

Definitions.

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

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

Sections 21 and 148 (4) (a)

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.

Definition of expression “on active service.”

Definition of expression “on active service.”

2

2.—(1) In this Act, if not inconsistent with the context, the expression “on active service” as applied to a person subject to military law means whenever he is attached to or forms part of a force which is engaged in operations in a place wholly or partly occupied by the enemy.

(2) Where the Executive Council declares at any time or times that by reason of the imminence of active service or the recent existence of active service, it is necessary for the public service that the armed forces to be raised under this Act should be temporarily subject to this Act as if they were on active service, then, on the publication in the Iris Oifigiúil of any such declaration, the forces to which the declaration applies shall be deemed to be on active service for the period mentioned in the declaration.

THIRD SCHEDULE.

THIRD SCHEDULE.

Section 69.

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.

Definitions.

Definitions.

3

3.—In this Act the following expressions shall, where the context so admits, have the meanings respectively assigned to them by this Section, that is to say:—

(1) The expression “The Minister” means the Minister for Defence.

(2) The expression “Executive Minister” means a Minister who is a member of the Executive Council.

(3) The expression “The Forces” means the armed forces to be raised under this Act and includes soldiers of the Reserve when called out on permanent service with the Forces as hereinbefore defined.

(4) The expression “The Reserve” means any reserve for the Forces to be established under Part III. of this Act.

(5) The expression “Officer” means an officer commissioned or in pay as an officer of the Forces or the Reserve or any arm, branch or part thereof.

(6) The expression “General Officer” means an officer holding the rank of General, Lieutenant-General, or Major-General.

(7) The expression “Non-Commissioned Officer” includes an acting non-commissioned officer.

(8) The expression “Soldier” does not include an officer as defined by this Act, but with the modifications contained in this Act in relation to non-commissioned officers does include a non-commissioned officer and every other person subject to military law while he is so subject.

(9) The expression “Superior Officer” when used in relation to a soldier includes a non-commissioned officer as above defined.

(10) The expression “Corps” means:—

(a). Any military body, whether known as a territorial regiment or by any different name, as may be from time to time declared by Warrant under the hand of the Minister to be a corps for the purposes of this Act and is a body formed by the Minister under the powers conferred by this Act, and either consisting of associated battalions of the Forces or consisting wholly of a battalion or battalions of the Forces.

(b). Any part of the Forces by whatever name called, which is declared by a Warrant under the hand of the Minister to be a corps for the purposes of this Act; and also

(c). Any other portion of the Forces employed on any service and not attached to any corps as above defined.

(d). And any reference in Chapter V. of Part II. of this Act to a corps of the Forces shall be deemed to refer to any such military body as is hereinbefore defined to form a corps.

(11) The expression “Battalion” in the application of this Act to cavalry, artillery, or engineers shall be construed to mean regiment, brigade, or other body into which the Minister under the powers conferred on him by this Act may be pleased to divide such cavalry, artillery, or engineers.

(12) The expression “Regimental” means connected with a corps or with any battalion or other sub-division of a corps.

(13) The expression “Decoration” means any medal, clasp, good conduct badge, or decoration.

(14) The expression “Military Reward” means any gratuity or annuity for long service or good conduct; it also includes any good conduct pay, pension and any other military pecuniary award.

(15) The expression “Commanding Officer” means any officer commanding a battalion, and also such other officer as the Minister may, by Regulations to be made by him under this Act, declare to be a commanding officer.

(16) The expression “Enemy” includes all armed mutineers, armed rebels, armed rioters, and pirates.

(17) The expression “Superior Court” means the High Court of Justice in Dublin.

(18) The expression “Civil Court” means with respect to any crime or offence, a Court of ordinary criminal jurisdiction, and includes a Court of Summary Jurisdiction.

(19) The expression “prescribed” means prescribed by this Act or by any Rules or Regulations to be made thereunder or partly by this Act, and partly by Rules or Regulations to be made thereunder.

(20) The expression “Summary Jurisdiction Acts,” means within the police district of Dublin Metropolis, the acts regulating the powers of justices of the peace for such district or of the police of such district; and elsewhere in Saorstát Eireann the Petty Sessions (Ireland) Act, 1851, and any Act or Acts amending the same.

(21) The expression “Court of Summary Jurisdiction,” means any District Justice, Police Magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Act, or any Acts therein referred to, or any Acts amending or adapting the same.

(22) The expression “Court of Law” includes a court of summary jurisdiction.

(23) The expression “County Court Judge” includes a Recorder.

(24) The expression “District Justice” includes a Divisional Magistrate of the City of Dublin.

(25) The expression “Constable” means any member of the Dublin Metropolitan Police, or of the Civic Guard.

(26) The expression “Police Authority” means a Superintendent or Inspector of the Dublin Metropolitan Police, or of the Civic Guard.

(27) The expression “Horse” includes a mule, and the provisions of this Act shall apply to any beast of whatever description used for burden or draught, or for carrying persons in like manner as if such beast were included in the expression “horse.”

(28) The expression “Oath” includes any solemn declaration which under this Act may be made by any person who states he has no religious belief, or that he has a conscientious objection to taking an oath, and the expression “be sworn” includes “make a solemn declaration.”

(29) The expression “Public Prison” means any prison in which a person convicted and sentenced to imprisonment by a civil court may lawfully be confined.

(30) The expression “Penal Servitude Prison” means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may lawfully be confined.

(31) The expression “the Adjutant-General” shall mean the Adjutant-General of the Forces.

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

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

Section 161

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

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

FIFTH SCHEDULE. BILLETING.

BILLETING.

Sections 170 and 172.

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

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.

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.

Impressment of Carriages.

Section 178

Table of Rates of Payment for Carriages and Animals.

Carriages and Animals.

Carriages and Animals.

Rate per Mile.

Rate per Mile.

For every hundredweight loaded on any wheeled vehicle.

For every hundredweight loaded on any wheeled vehicle.

One halfpenny.

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.

Form of Descriptive Return.

Section 190.

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

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.

______________ Signature.

}

}

of Committing District Justice.

of Committing District Justice.

______________ Residence.

______________ Residence.

______________ Post Town

______________ Post Town

the before mentioned corps, and I recommend for a reward of

the before mentioned corps, and I recommend for a reward of

_______________ Signature of Prisoner. _______________ Signature of Informant.

_______________ 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.

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.

____________ Signature.

____________ Residence.

____________ Post Town.

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

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

Section 180.

1. Subject to provisions of this Schedule an application to a County Court Judge for a certificate shall be made in manner provided by Rules of Court, and shall be heard by the Judge without a Jury, and his decision shall not be subject to appeal.

2. Subject to the provisions of this Schedule and to Rules of Court, the Judge shall on such application act in accordance with the law regulating, and shall have the powers attaching to, the exercise of his ordinary jurisdiction.

3. The amount fixed by the certificate shall be such amount as appears to the County Court Judge to be the fair market value of the article requisitioned on the day on which it was required to be furnished as between a willing buyer and a willing seller, and where the owner of a carriage or horse has been required to deliver it at a distance from his premises shall include such sum as the Judge may consider reasonable to cover the cost of such delivery.

4. No Court fees shall be payable on the application, but the Judge may, if he thinks fit, order either party to pay such sum as he may consider proper by way of costs to the other party, which sum shall be added to or deducted from the amount fixed by the County Court Judge as the value of the article requisitioned, and the amount to be included in the certificate shall be adjusted accordingly.

5. If the amount already paid by the Minister exceeds the amount specified in the certificate, the County Court Judge shall certify the amount of the excess and shall order the amount so certified to be paid to the Minister, which order shall be enforceable in like manner as a decree or judgment of a County Court Judge.