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30 1923




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.

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.

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.

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.

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.

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.

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.