Defence Forces (Temporary Provisions) Act, 1923


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.