Any person acting in contravention of this Act shall be liable, if convicted pefore a court of summary jurisdiction, to be imprisoned for a term not exceeding three months, or, at the discretion of the court, to a penalty not exceeding twenty pounds; but if, upon the hearing of the charge, the court shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, it shall have power to dismiss the person charged without proceeding to a conviction. The court of summary jurisdiction mentioned in above section shall, in the police district of Dublin Metropolis, be constituted of a divisional justice acting for the said district, and shall elsewhere in Ireland be constituted of two or more resident magistrates sitting alone in petty sessions. (St. R. & O. Revised to December 31, 1903.) ARMY. 1. Commissions in the Army, | 5. Summary Punishments, p. 136. ORDER IN COUNCIL APPOINTING FORMS OF COMMISSION IN THE REGULAR AND AUXILIARY FORCES. At the Court at Windsor, the 5th day of May, 1873. The Queen's Most Excellent Majesty in Council. Whereas by an Act of Parliament made and passed in the 25th year of Her Majesty's Reign, entitled An Act to enable Her Majesty to issue Commissions to the Officers of Her Majesty's Land Forces and Royal Marines, and to Adjutants and Quartermasters of the Militia and Volunteer Forces without affixing Her Royal Sign Manual thereto,* after setting forth therein that every Officer appointed or promoted by Her Majesty in Her Land Forces or Marines, and every Adjutant or Quartermaster in Her Militia or Volunteer Forces, receives a Commission from Her Majesty with Her Royal Sign Manual thereon, and that it was expedient to regulate from time to time the mode of authenticating the said Commissions granted by Her Majesty, it was enacted, that it should be lawful for Her Majesty, by Order in Council, from time to time, as occasion might require, to direct that all or any Commissions for Officers prepared or to be prepared under the authority of Her Majesty's Royal Sign Manual might be afterwards issued without Her Royal Sign Manual, but having thereon, in the case of Her Majesty's Land Forces, except as thereafter mentioned, the signatures of the Commander-in-Chief or the General Commanding in Chief, and of one of Her Majesty's Principal Secretaries of State, and in the case of the Royal Marines, of the Lords Commissioners of the Admiralty, and in the case of Military Chaplains, Commissariat and Store Officers, and of Adjutants and Quartermasters in the Militia and Volunteer * The Officers Commissions Act, 1862 (25 & 26 Vict. c. 4), Forces, of one of Her Majesty's said Principal Secretaries; and that every such Commission issued and signed in pursuance of such Order in, Council should be conclusive evidence that the Officer named in any such Commission had been appointed or promoted by Her Majesty to the rank or office named therein. And whereas by the Regulation of the Forces Act, 1871,* it was amongst other things enacted that " after a day to be "named by Orders in Council, all Officers in the Militia, "Yeomanry, and Volunteers of England, Scotland, and Ireland, "shall hold Commissions from Her Majesty, and that such "Commissions shall be prepared, authorized, and issued in the "manner in which Commissions of Officers in Her Majesty's "Land Forces are prepared, authorized, and issued according "to any law or custom for the time being in force." And whereas by two several Orders in Council made in pursuance of the first recited Act, and bearing date respectively the 7th day of June, 1862,† and the 12th day of March, 1866,‡ directions were given as to the issuing and signing of Commissions as are mentioned therein. And whereas Her Majesty was pleased, in pursuance of the provisions contained in the secondly recited Act, by an Order in Council, bearing date the 5th day of February, 1872, to declare that after the 31st day of March, 1872, all Officers in the "Militia, Yeomanry, and Volun"teers of England, Scotland, and Ireland should hold Com"missions from Her Majesty, and such Commissions should be "prepared, authorized, and issued in the manner in which "Commissions of Officers in Her Majesty's Land Forces are "prepared, authorized, and issued according to any law or custom for the time being in force." And whereas Her Majesty hath declared Her will and pleasure, first, that as to all Officers who shall have been appointed to Her Majesty's Service, in the case of Her Land Forces or Royal Marines, since the 31st October, 1871, and, in the case of the Militia, Yeomanry, or Volunteers, since the 31st May, 1873, and as to all Officers hereafter to be appointed to Her Majesty's Service, to whom Probationary Commissions in Her Land, Royal Marine, Militia, Yeomanry, or Volunteer Forces, may be issued, each such Commission shall be issued in one or other of the forms mentioned in the Schedule (A) hereunto annexed, and be signed by the Officer Commanding in Chief the Forces for the time being and one of Her Majesty's Principal Secretaries of State, and further that all permanent first Commissions hereafter issued to any Officer qualified to receive the same shall be issued in one or other of the forms mentioned in the Schedule (B) hereunto annexed, and be signed by Her Majesty; and secondly, that as to all other Officers hereafter promoted in Her Majesty's Service, and not holding a permanent Commission in one or other of the forms mentioned * 34 & 35 Vict. c. 86. + Published in "London Gazette," June 13, 1862, p. 2021. in Schedule (B), a Commission shall be issued in one or other of the forms mentioned in Schedule (C) also hereunto annexed, and be signed by the Officer Commanding in Chief the Forces for the time being, and one of Her Majesty's Principal Secretaries of State, or, in the case of the Royal Marines, by the Lords Commissioners of the Admiralty. And whereas Her Majesty hath declared Her will and pleasure that any first Commissions in the Militia, Yeomanry, and Volunteer Forces, which before the said 31st day of May, 1873, have been authorised under Her Majesty's Royal Sign Manual, but have not been signed by Her Majesty, shall be issued and signed under the provisions of the said Order of the 12th March, 1866.* Now, therefore, in further pursuance of the said first recited Act, and in execution of the power thereby in Her Majesty in Council vested, Her Majesty is pleased with the advice of Her Privy Council to order and hereby direct: 1. That to each person appointed by Her Majesty to the rank of Sub-Lieutenant, or to any other rank upon probation, in Her Land, Royal Marine, Militia, Yeomanry, or Volunteer Forces, there shall be forthwith issued from the office of one of Her Majesty's Principal Secretaries of State, or in the case of the Royal Marines from the Lords Commissioners of the Admiralty, a Commission in one or other of the forms mentioned and set forth in the Schedule (A) hereunto annexed, which Commission shall be signed by the said Officer Commanding in Chief and one of her Majesty's Principal Secretaries of State, or in the case of the Royal Marines by the Lords Commissioners of the Admiralty, and shall give probationary rank in the force named therein from the date of Her Majesty's appointment of such Officer. 2. That all First Commissions to Permanent Rank granted to an Officer in Her Majesty's Land, Royal Marine, Militia, Yeomanry, and Volunteer Forces, shall be issued under Her Majesty's Royal Sign Manual, and shall be in one or other of the forms mentioned and set forth in the Schedule (B) to this Order annexed. 3. That to each Officer hereafter promoted in Her Majesty's Service, and not holding a Permanent Commission as aforesaid, a Commission shall be issued in one or other of the forms mentioned in Schedule (C) to this Order annexed, which Commission shall be signed by the said Officer Commanding in Chief, and one of Her Majesty's Principal Secretaries of State, or in the case of the Royal Marines by the Lords Commissioners of the Admiralty. 4. That to an Officer Commissioned in the manner and the form mentioned and set forth in this Order and in Schedules * Published in "London Gazette," April 13, 1866, p. 2366. |