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30 1923

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

CHAPTER V.

ENLISTMENT.

Period of Service.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.

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.

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.

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.