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30 1923



Exemptions of Officers and Soldiers.

Exemptions of officers and soldiers from tolls.

139. —(1) All officers and soldiers of the Forces on duty or on the march; and

Their horses and baggage; and

All prisoners under military escort; and

All motor cars, carriages and horses belonging to the Forces or employed in military service, when conveying any such persons as above in this Section mentioned, or baggage or stores, or returning from conveying same,

shall be exempted from payment of any duties or tolls on embarking or disembarking from or upon any pier, wharf, quay, or landing place, or in passing along or over any turnpike or other road or bridge, otherwise demandable by virtue of any Act of Parliament or of the Oireachtas already passed or hereafter to be passed:

Provided that nothing in this Section shall exempt any boats, barges or other vessels employed in conveying the said persons, horses, baggage, or stores, along any canal from payment of tolls in like manner as other boats, barges, and vessels.

(2) Any person who demands and receives any duty, toll, or rate in contravention of this Section shall, on summary conviction, be liable to a fine not exceeding five pounds nor less than ten shillings.

Exemption of soldiers in respect of civil process.

140. —(1) A soldier of the Forces shall not be liable to be taken out of the service by any process, execution, or Order of any Court of Law or otherwise, or to be compelled to appear in person before any Court of Law, except in respect of the following matters, or one of them; that is to say:—

(a) On account of a charge of or conviction for crime; or

(b) On account of any debt, damages or sum of money, when the amount exceeds thirty pounds over and above all costs of suit.

(2) For the purposes of this Section a crime shall mean a felony, misdemeanour, or other crime or offence punishable, with fine or imprisonment or some greater punishment, and shall not include the offence of a person absenting himself from his service or neglecting to fulfil his contract, or otherwise misconducting himself respecting his contract.

(3) For the purposes of this Section, a Court of Law shall be deemed to include a Court of Summary Jurisdiction and any District Justice.

(4) The amount of the debt, damages or sum shall be proved, for the purpose of any process issued before the Court has adjudicated on the case, by an affidavit of the person seeking to recover the same or some one on his behalf, and such affidavit shall be sworn without payment of any fee, in the manner in which affidavits are sworn in the Court in which proceedings are taken for the recovery of the sum, and a memorandum of such affidavit shall, without fee, be endorsed upon any process or order issued against a soldier.

(5) All proceedings and documents in or incidental to a process, execution, or order in contravention of this Section shall be void; and where complaint is made by a soldier or his Commanding Officer that such soldier is dealt with in contravention of this Section by any process, execution or order issued out of any Court, and is made to that Court or to any Court superior to it, the Court or some judge thereof shall examine into the complaint and shall, if necessary, discharge such soldier without fee, and may award reasonable costs to the complainant, which may be recovered as if costs had been awarded in his favour in any action or other proceeding in such Court.

Provided that:—

Any person having cause of action or suit against a soldier of the Forces, may, notwithstanding anything in this Section, after due notice in writing given to the soldier, or left at his last quarters, proceed in such action or suit to judgment, and have execution other than against the person, pay, arms, ammunition, equipment, regimental necessaries or clothing of such soldier.

Liability of soldier to maintain wife and children.

141. —(1) A soldier of the Forces shall be liable to contribute to the maintenance of his wife and children, and also to the maintenance of any bastard child of which he may be proved to be the father, to the same extent as if he were not a soldier; but execution in respect of any such liability or of any order or decree in respect of such maintenance shall not issue against his person, pay, arms, ammunition, equipment, instruments, regimental necessaries, or clothing; nor shall he be liable to be punished for the offence of deserting or neglecting to maintain his wife or family, or any member thereof, or of leaving her or them chargeable to any union, parish or place.

(2) When an order or decree is made under any act or at common law for payment, by a man who is or subsequently becomes a soldier of the Forces, either of the cost of the maintenance of his wife or child, whether legitimate or illegitimate, or of any bastard child of whom he is the putative father, or of the cost of any relief given to his wife or child whether legitimate or illegitimate by way of loan, a copy of such order or decree shall be sent to the Minister or any officer deputed by him for the purpose, and in the case—

(a) Of such order or decree being so sent; or

(b) Of it appearing to the satisfaction of the Minister, or any officer deputed by him for the purpose, that a soldier of the regular forces has deserted or left in destitute circumstances, without reasonable cause, his wife or any of his legitimate children under sixteen years of age,

the Minister or officer shall order to be deducted from the daily pay of the soldier, and to be appropriated in liquidation of the sum adjudged to be paid by such order or decree, or towards the maintenance of the wife or children whether legitimate or illegitimate of the soldier, as the case may be, in such manner as the Minister or officer thinks fit, a portion of such daily pay not exceeding—

Where the soldier is a non-commissioned officer who is not below the rank of sergeant—in respect of a wife or children, whether legitimate or illegitimate, three shillings.

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

(3) Where a proceeding is instituted against a soldier of the Forces under any Act, or at common law, for the purpose of enforcing against him any such liability as above in this Section mentioned, then—

(a) If at the date of service of the process the soldier is quartered out of the jurisdiction of the Court, or (where the proceeding is before a Court of Summary Jurisdiction), out of the court district of the District Court in which the proceeding is instituted, the process shall be served on his Commanding Officer, and such service shall not be valid unless there be left therewith, in the hands of the Commanding Officer, a sum of money (to be adjudged as costs incurred in obtaining the order or decree, if any order or decree is made against the soldier) of a sufficient amount to enable the soldier to attend the hearing of the case and return to his quarters, and such sum may be expended by the Commanding Officer for that purpose.

(b) In any other case the process may be served either on the Commanding Officer or on the soldier, provided that where the process is served on the soldier, a copy thereof shall be sent by the Court by which it is issued to the Commanding Officer by registered post as soon as possible after the process is served, and in any case at least four days before the day fixed or the hearing of the case.

Where, by order or decree sent to the Minister or officer in accordance with sub-section (2) of this Section, the soldier is adjudged to pay as costs incurred in obtaining the order or decree any sum left in the hands of the Commanding Officer under this sub-section, the Minister may cause a sum equal to the sum so left to be paid in liquidation of the sum so adjusted to be paid as costs, and the amount so paid by the Minister shall be a public debt from the soldier against whom the order or decree was made, and without prejudice to any other method of recovery, may be recovered by deductions from his daily pay, in addition to those mentioned in sub-section (2) of this Section.

(4) Where any arrears have accumulated in respect of sums adjudged to be paid by any such order or decree as aforesaid whilst the person against whom the order or decree was made was serving as a soldier of the Forces, whether or not deductions in respect thereof have been made from his pay under this Section then after he has ceased so to serve an order of committal shall not be made in respect of those arrears unless the Court is satisfied that he is able, or has since he ceased so to serve, been able to pay those arrears or any part thereof, and has failed to do so.

Officers not to be sheriffs or mayors.

142. —An officer of the Forces on the active list within the meaning of any order for regulating the pay and promotion of the Forces, shall not be capable of being nominated or elected to be sheriff of any county, borough, or other place, or to be a mayor or an alderman of, or to hold any office in any municipal corporation in any city, borough, or place in Saorstát Eireann, or of being nominated or elected as a member of a county council.

Exemption from jury.

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