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15:31

DIRECTOR OF ADM.

952 877 0802

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the peace, order, and good yovernment of such Colony, even though such

such instructions may be referred to in such Letters Patent or jast-mentioned Instrument.'

*

Thus, insofar as the Governor may nave failed to comply with Royal Instruction XXVI-8 in relation to the prerogative powers delegated to him in the Letters Patent the validity of the material Ordinance will not be affected. That Royal Instruction directs the Governor ot ここ assent in the name of Her Majesty to "any bill whereby Our prerogative

may be prejudiced". It is to be observed, however, that section 4 would not apply to an instruction embodied in

Letters Falent.

Ir adoition to gecyraphical restrictions and those imposed by section 2 of the Colonial Laws Validity Act Article 1. ). reserves to the Sovereign the power to revoke, alter, こよ dmenc the Letters Patent. Legislation may not lawfully with Passec which would have such effect.

It tollon's that legislation

which the Governor may

by Article VI (1) ne

1

the Legislative

is a member can

enact by anu with the advice and consent ci Council of which, lawfully have the effect of abridging, curtailing, regulating and even cuplicating the powers oelegated to him under Article XIV. This pursuant to the prerogative powers entrusted to that body by Article VII (1). It cannot revoke, alter or dinena Article XIV. Section 5 of the magistrates Ordinance, enacted on 1 January 1933 under the authority of Article VII rather than of Article XIV, by the requirement for warrant invoxes the right, in effect, to regulate given by the former as well as reflecting the authority to delegate the appointment of Justices of the Peace and magistrates innerent in the latter Article. There is no inconsistency. The qualifications for the appointment of Supreme Court and District Court judyes required by the Supreme and District Court Ordinances also reflect the

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