|
|
Board of assessors.
|
3.—(1) A board of assessors (in this Act referred to as “the board of assessors”) shall be constituted under this Act and shall consist of three members who shall be appointed by the Minister with the approval of the Executive Council and one of whom shall be a person who at the date of his appointment is a Judge of the Supreme Court, High Court, Circuit Court, or District Court of Saorstát Eireann or is a practising barrister of not less than ten years standing.
|
|
| |
(2) The board of assessors shall examine every application for a certificate of military service referred to them by the Minister, and they shall for that purpose make all such enquiries, summon all such witnesses, and take all such evidence, whether on oath or otherwise, as may appear to them necessary or proper for the purpose of making a report to the Minister as to the military service of the applicant.
|
|
| |
(3) Every report as to military service of any applicant for a certificate of military service shall contain findings upon the following matters, that is to say:—
|
|
| |
(a) the military service of such applicant in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hibernian Rifles; and
|
|
| |
(b) the military service of such applicant in the National Forces or the Defence Forces of Saorstát Eireann; and
|
|
| |
(c) the period of the service of such applicant in each such force or body as aforesaid.
|
|
| |
(4) Every report made by the board of assessors as to the military service of any applicant for a certificate of military service shall be in the prescribed form.
|
|
| |
(5) The onus of proof shall rest on the applicant for a certificate of military service, and he shall be at liberty to offer such evidence as may be necessary to enable him to discharge such onus.
|
|
| |
(6) The findings of the board of assessors set out in their report shall in all cases be final and conclusive and binding upon the applicant, provided however that the board may at any time re-open any or all of their findings at the request of the Minister on the ground that evidence not available prior to the making of their report had since become available, and upon hearing such additional evidence the board of assessors may amend their report and alter or discharge any findings therein as may seem to them just having regard to such further evidence.
|
