should hold the office of Captain
Police. His appt.
Superintendent of
took Acting Colonial Secretary does
not create a vacancy
Council.?
Mr. Cox.
in the
vacancy. 31/3/00
The question
is whether, while Mr May is "the person
for the time being lawfully discharging the functions of Colonial Secretary,"
he is or is not also "holding the
office of Capt. Sup. of Police! Under Col. Reg. 108 he
is probably not
de jure holding at the same
time two offices, though he is
drawing half his salary as Capt. Sup.,
I have no doubt. If he is Capt. Sup., his appointment to the Leg. Council warrant lapses; but before a new warrant will be required to enable the acting Capt. Sup. to take his seat, or to
give the seat to
someone else.
I should not
suppose a personal appointment is valid under Clause 1 of the Additional Instruction of 7 July, 1886.
I think this is
doubtful.
(x)--12435-2000-1-99 16195-2000-4-99
If this is so, an Ordinance will presumably be required, to render valid all acts of the Leg. Council done while he was a member, subsequent to the warrant. (The warrant
might be antedated). On the other hand, if Capt.
is still
holding
the
office
of Capt. Sup., it is clear that
there is no vacancy
unless he resigns
his seat as Capt. Sup. under Art. XIV of the Instructions of 19 July 1888, which is not revoked by the Additional Instructions of 7 July 1896, unless it is held
that under the same article his seat (which is not one
of actuals) as Ag. Col. Secy.
has become
vacant.
This is further complicated by the fact that Clause 13 of the Instructions of 1888
was
revoked by
the Instructions of 1896 without
any
other Article being actually
substituted for it; which leaves it doubtful whether Capt. is "a member of the Leg. Council not holding an office named in the preceding
Article" (Art. 14).
A.F. 31/3