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Number 30.
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DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923.
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ARRANGEMENT OF SECTIONS
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Section
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1.
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Short Title and Duration of Act.
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2.
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Definition of expression “on active service”.
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PART I
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CHAPTER I
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Establishment of Defence Forces
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4.
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Raising and number of Defence Forces.
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5.
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Control of Forces.
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CHAPTER II
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Organisation of the Forces
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6.
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Personnel of Forces.
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7.
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General Organisation of Forces.
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CHAPTER III
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Administration
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8.
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Commissioned ranks in the Forces.
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9.
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Non-commissioned ranks in the Forces.
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10.
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Granting of Commissions.
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11.
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Power to dismiss or dispense with services of any member of the Forces.
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12.
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Power to establish Military Districts.
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13.
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Power to establish Head quarters, etc., Staffs.
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14.
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Officers in executive command.
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15.
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Officers holding commissions during pleasure.
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16.
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Appointment from ranks to commissioned ranks.
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17.
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Resignation of officers.
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18.
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Appointment of officers.
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19.
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Appointment of officers pending completion of period of five years, after the establishment of a Military College.
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20.
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Half-pay and unattached list.
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21.
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Engagement and service in the Forces.
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22.
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Date of Establishment.
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CHAPTER IV
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Military Education
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23.
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Military College.
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24.
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Classes of Instruction.
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25.
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Officers and non-commissioned officers to be instructed in giving commands in each of official languages of the State.
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CHAPTER V
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Service in Time of War
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26.
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Liability of members of Forces to be employed on active service.
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27.
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Military Command in time of war.
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28.
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Discharge on service.
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CHAPTER VI
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Special Powers in Relation to Defence
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29.
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General Powers of Minister with consent of Executive Council.
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30.
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Manoeuvres and training.
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CHAPTER VII
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Power to make Regulations
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PART II
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CHAPTER I
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Discipline
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32.
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Offences in relation to the enemy punishable with death.
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33.
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Offences in relation to the enemy not punishable with death.
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34.
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Offences punishable more severely on active service than at other times.
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35.
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Disclosing information.
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36.
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Mutiny and sedition.
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37.
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Striking or threatening a superior officer.
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38.
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Disobedience to superior officer.
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39.
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Insubordination.
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40.
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Breaking quarters.
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41.
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Neglect to obey orders.
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42.
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Desertion.
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43.
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Connivance at desertion.
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44.
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Fraudulent enlistment.
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45.
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Absence without leave.
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46.
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Scandalous conduct of an officer.
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47.
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Fraud by persons in charge of moneys or goods.
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48.
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Malingering or inducing injury. Disgraceful conduct.
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49.
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Drunkenness.
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50.
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Permitting escape of prisoners.
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51.
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Irregular arrest or confinement Escaping.
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52.
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Offences in relation to property.
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53.
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Falsifying official documents and false declarations.
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54.
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False accusation.
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55.
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False accusation or false statement.
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56.
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Offences in relation to Courts-Martial.
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57.
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False evidence.
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58.
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Offences in relation to billeting.
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59.
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Offences in relation to impressment of carriages and their attendants.
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60.
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Travelling without ticket, etc.
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61.
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Offences in relation to enlistment.
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62.
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General offences in relation to enlistment.
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63.
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Ill-treating a soldier.
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64.
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Ill-treating a person in military custody.
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65.
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Withholding pay.
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66.
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Wounding through negligence. Offences in relation to firearms.
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67.
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Refusal to hand over offender to Civil authority.
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68.
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Conduct to the prejudice of good order and military discipline.
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69.
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Offences punishable by ordinary law of Saorstát Éireann.
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70.
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Scales of punishments which may be awarded by Courts-Martial.
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71.
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Effect of certain sentences.
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72.
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Permitted combination of punishments.
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73.
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Restrictions on sentences.
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74.
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Power to place offender in arrest.
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75.
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General as to arrest.
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76.
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Guard Report.
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77.
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Charge to be investigated without delay.
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78.
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Charges against an officer below the rank of Commandant which may be summarily dealt with.
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79.
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Punishments which may be summarily awarded to an officer below the rank of Commandant.
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80.
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Charges against a soldier which may be summarily dealt with.
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81.
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Punishments which may be summarily awarded to a non-commissioned officer.
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82.
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Punishments which may be summarily awarded to a private soldier by a Commanding Officer.
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83.
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Punishments which may be summarily awarded to a private soldier by a Company Commander.
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84.
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Investigation of a charge against an officer.
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85.
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Investigation of a charge against a non-commissioned officer.
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86.
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Investigation of a charge against a private soldier.
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87.
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Procedure on investigation of a charge against an officer, non-commissioned officer or private soldier.
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88.
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Acquittal or conviction by Civil Court or Court-Martial to be a bar to summary proceedings.
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89.
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Restriction on jurisdiction of Courts-Martial.
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90.
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Classes of Courts-Martial.
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91.
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General Courts-Martial.
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92.
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Local Courts-Martial.
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93.
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Disqualifications for membership of Courts-Martial.
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94.
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Challenges by accused.
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95.
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Swearing of Court.
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96.
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Plea in bar.
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97.
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Evidence to be on oath.
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98.
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Right of accused and his wife to give evidence.
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99.
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Rules of evidence to be the same as in Civil Courts.
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100.
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Finding.
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101.
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Conviction of offence other than offence charged with.
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102.
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Voting generally.
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103.
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Death Sentence.
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104.
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Sentences generally.
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105.
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Procedure generally.
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106.
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Right of Prosecutor and accused to be represented by a legal advisor.
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107.
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Position of legal adviser at Courts-Martial.
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108.
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Summoning and privilege of witnesses at Courts-Martial.
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109.
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Misconduct of civilian witness at Court-Martial.
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110.
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Insanity of accused at trial. Finding in case of insanity of accused at time of commission of offence.
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111.
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Insanity of person imprisoned or undergoing detention.
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112.
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Right of person tried to copy of proceedings.
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113.
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Finding and sentence not to be valid unless confirmed.
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114.
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Confirming authorities.
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115.
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Powers of confirming authority.
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116.
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Procedure where finding or sentence sent back for revision.
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117.
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Execution of sentence of penal servitude.
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118.
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Execution of sentence of imprisonment or detention.
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119.
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Inquiry by Court on absence of a soldier.
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120.
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Confession by soldier of desertion or fraudulent enlistment.
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121.
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Power as to restitution of stolen property.
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122.
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Mode of complaint by officer.
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123.
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Mode of complaint by soldier.
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125.
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Power to Minister to make rules of procedure.
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CHAPTER II
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Pay
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126.
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Authorised deductions from pay only to be made.
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127.
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Automatic forfeiture of pay of officers.
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128.
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Automatic forfeiture of pay of soldiers.
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129.
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Definition of expression “Day”.
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130.
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Deductions from ordinary pay of officers which may be made.
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131.
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Deductions from ordinary pay of soldiers which may be made.
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132.
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How automatic forfeiture of and deductions from ordinary pay may be remitted.
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133.
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Supplemental as to deductions from ordinary pay.
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134.
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Prohibition of assignment of pay, etc.
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135.
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Punishment of false oath and personation.
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CHAPTER III
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Prisons and Detention Barracks
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136.
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Duty of Governor of prison to receive prisoners, deserters and absentees without leave.
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137.
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Establishment and regulation of military prisons.
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138.
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Classification of prisoners.
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CHAPTER IV
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Exemptions of Officers and Soldiers
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139.
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Exemptions of officers and soldiers from tolls.
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140.
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Exemption of soldiers in respect of civil process.
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141.
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Liability of soldier to maintain wife and children.
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142.
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Officers not to be sheriffs or mayors.
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143.
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Exemption from jury.
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CHAPTER V
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Enlistment
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144.
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Limit of original enlistment.
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145.
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Terms of original enlistment.
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146.
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Change of conditions of service.
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147.
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Reckoning of service.
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148.
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Mode of enlistment and attestation.
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149.
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Power of recruit to purchase discharge.
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150.
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Enlistment for general service and appointment to corps.
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151.
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Effect of appointment to a corps and provision for transfers.
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152.
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Re-engagement of soldier.
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153.
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Continuance in service after 21 years' service.
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154.
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Re-engagement and continuance of service of non-commissioned officers.
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155.
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Prolongation of service in certain cases.
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156.
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In imminent national danger the Executive Council may continue soldiers in army service or call out the Reserve on permanent service.
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157.
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Discharge or transfer to Reserve.
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158.
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Delivery of lunatic soldier on discharge with his wife or child at workhouse or of dangerous lunatic at asylum.
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159.
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Regulations as to discharge of soldiers.
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160.
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Regulations as to persons to enlist and enlistment of soldiers.
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161.
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Claims of masters to apprentices.
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162.
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Penalty for unlawful...
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