No. 2/1923:

INDEMNITY (BRITISH MILITARY) ACT, 1923

ARRANGEMENT OF SECTIONS

1 Restrictions on the taking of legal proceedings against certain persons.

2 Pending proceedings to be discharged.

3 Claims before certain tribunals not to be within this Act.

4 Certificate of Secretary of State to be evidence.

5 Existing Judgements not to be affected.

6 Short Title.

AN ACT TO RESTRICT THE TAKING OF LEGAL PROCEEDINGS IN RESPECT OF CERTAIN ACTS, MATTERS AND THINGS DONE IN SAORSTAT EIREANN IN THE RECENT CONFLICT WITH THE BRITISH GOVERNMENT, AND TO PROVIDE FOR MATTERS CONSEQUENTIAL THEREON.

[10th February, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—No action or other legal proceeding whatsoever whether civil or criminal shall be instituted in any Court of law or equity in Saorstát Eireann against any person for or on account of or in respect of any act, matter or thing done after the 23rd day of April, 1916, and before the date of the passing of this Act, by any person or under the authority of any person who, at the time when the act, matter or thing was done, held any office under or was employed in the service of the British Crown or the British Government in any capacity, whether naval, military, air-force, police or civil, provided such act, matter or thing was done or in good faith purported to be done in execution of the duty of the person doing the same, or in exercise or execution of any authority conferred on such person or on the person under whose authority such person was acting by any statute of the British Parliament or any statutory or other order of the British Government, or was in good faith purported to be done for the maintenance of the then existing form of government in Ireland, or for the public safety or otherwise in the public interest: Provided that nothing in this Act shall be construed to prevent any person from instituting or prosecuting any proceedings under the Indemnity Act, 1920, or from claiming or obtaining any payment or compensation under the said Act which he might have instituted or prosecuted or claimed or obtained if this Act had not passed.

2.—If any such action or other proceeding as is mentioned in this Act was instituted before the passing of this Act and is now pending the same shall be discharged and made void subject to such order as to costs as the Court in which such action or proceeding is pending or a Judge thereof shall think fit to make.

3.—For the purpose of this Act the institution or prosecution of any claim before any tribunal appointed to enquire into claims for compensation under the enactments relating to criminal injuries or any enactment amending the same shall not be deemed to be an action or legal proceeding within the meaning of section one of this Act.

4.—A statement in writing signed by any Secretary of State of the British Government certifying any of the matters mentioned in this section shall be conclusive evidence of the matters so certified, that is to say:—

( a ) that at the time when the act, matter or thing complained of in any such action or legal proceeding as is mentioned in this Act was done, the person by whom or under whose authority the same was done held office under or was employed in the service of the British Crown or the British Government;

( b ) that any such act, matter or thing as aforesaid was part of or within the duty of the person by whom the same was done;

( c ) that any such act, matter or thing as aforesaid was within the powers and authority conferred on the person by whom the same was done or on the person under whose authority such person was acting by a statute of the British Parliament or an order of the British Government.

5.—Nothing in this Act shall prejudice or affect any final judgment given before the passing of this Act by:—

( a ) any Court from whose decision no appeal lies by law;

( b ) any other Court where the judgment is not at the passing of this Act the subject of a pending appeal.

6.—This Act may be cited as the Indemnity (British Military) Act, 1923 .