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CHAPTER IX.
Evidence.
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Certain matters and documents to be evidence.
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196.—The following enactments shall have effect with respect to evidence in Proceedings under this Act, whether before a Civil Court, or Court-Martial, that is to say:—
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(1) Any agreement, attestation or other form or document purporting to be signed by any person, upon his being attested as a soldier or enrolled in any portion of the Forces, shall be evidence of the fact that such person gave, in answer to the questions set forth in such form or document, the answers he is therein represented as having given.
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(2) The enlistment or enrolment of any person in the Forces may be proved by the production, by a witness on oath, of a copy of such person's attestation, or agreement form, purporting to be certified to be a true copy by the officer having the custody of such original attestation or agreement form, without proof of the handwriting of such officer or of his having custody of such original form.
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(3) A letter, return, or other document, respecting the service of any person in, or the discharge of any person from, any portion of the Forces, if purporting to be signed by or on behalf of the Minister, or the Commanding Officer of any portion of the Forces to which such person appears to have belonged,” or alleges that he belongs or had belonged, shall be evidence of the relevant facts stated in such letter, return, or other document.
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(4) Copies purporting to be printed and published by or under the authority of the Stationery Office of orders, rules, and regulations made under this Act, and of circulars or orders, shall be evidence of such orders, rules, regulations and circulars.
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(5) A Defence Force List or Defence Force Gazette purporting to be printed and published by or under the authority of the Stationery Office shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the corps or battalion or army or branch of the Service to which such officers belong.
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(6) When a record is made and filed in any battalion or command file of records in pursuance of this Act or otherwise in pursuance of military duty, and purports to be signed by the Commanding Officer, or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.
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A copy of any such record purporting to be certified to be a true copy by the officer having the custody of such record, shall be evidence of such record.
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(7) A descriptive return within the meaning of this Act, purporting to be signed by a District Justice, shall be evidence of the matters therein stated.
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(8) Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered himself into the custody of an officer or any portion of the Forces, a certificate purporting to have been signed by such officer or by the Commanding Officer of the portion of the Forces to whom the surrender was made, and stating the fact, date, and place of such surrender, shall be evidence of the matters so stated.
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(9) Where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has been delivered into military custody by a police officer in charge of a police station, a certificate purporting to be signed by such a police officer, and stating the fact, date, and place of the surrender of the officer or soldier, shall be evidence of the matters so stated.
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(10) For the purpose of this Act, the expression “Stationery Office” means the Stationery Office of the Government of Saorstát Eireann.
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