1
COPY.
13
The power of the Governor to grant Crown leases isEND
conferred by Article XIII of the Letters Patent of the 14th
February, 1917, and not by Ordinance or enactment of the
Colony though Ordinances (e.g. item 13 of the Second Schedule
to Ordinance No.1 of 1844 and Ordinance No.37 of 1935) deal
with the fees payable for his signature and the affixing of
the public seal. The new Interpreation Amendment Ordinance
does not cover such cases.
2.
But under Article XIII of the Letters Patent grants
may be made in conformity with Instructions. It may be
considered advisable to seek through the Secretary of State
instructions which will enable the suggested delegation to
be made. Under the Letters Patent the grants are made by
the Governor in the name of His Majesty and on His behalf and
executed under the Public Seal of the Colony, so that I
could not advise further delegation in this case to a public
officer without authorising Instructions addressed to the
Governor through the Secretary of State. In signing Crown
Leases the Governor acts as delegate from His Majesty and
the general principle of construction in these cases is
governed by the Latin Maxim "Delegatus non delegare potest".
(Sgd) C.G. Alabaster.
Attorney General. 1st May, 1940.