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§ IIA. Position of the Governor in relation to His Majesty's Navy
21A. The Governor of a Colony has no authority over the movements of His Majesty's ships, and is not entitled to issue orders to Officers of the Royal Navy. But, it being a general obligation on all His Majesty's ('ivil and Military Officers to afford mutual assistance to each other in cases affecting the King's service, the Commander-in-Chief of a Station or the Senior Officer present at a Port is instructed in the King's Regulations for the Navy to pay due regard to such requisitions as he may receive from the Governor of a Colony having for their object the protection of His Majesty's Possessions, the benefit of the trade of His subjects, or the general good of His service.
In urgent cases, when the requisitions may conflict with the instructions from his superior Naval authority under which he is acting, and when reference by telegraph or otherwise to such superior authority is impracticable, a Naval Officer is instructed to consider the relative importance and urgency of the required' service as compared with his instructions, whether
general or special; and he is to decide, as in his judgment may seem best for His Majesty's service. In so doing he is instructed to bear in mind the grave responsibility that would rest on him if the circumstances were not such as to fully warrant the postponement of the instructions
from his Naval superior to the more pressing requisition from the Governor.
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§ III. General Powers of an Officer appointed to conduct a Colonial Government.
22. The powers of every Officer, administering a Colonial Government, are conferred, and his duties for the most part defined in His Majesty's Commission and the Instructions with which he is furnished. The following is a general outline of the nature of the powers with which he is invested, subject to the special law of each Colony
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23. He is empowered to grant a pardon or respite to any criminal convicted in the Colonial Courts of justice.
24. He may pardon persons imprisoned in Colonial Gaols under sentence of a Court-martial; but this is not to be done without consulting the Officer in command of the Forces.
25. He has in general the power of remitting any fines, penalties, or forfeitures, which may accrue to the King, but if the fine exceeds £50,
he is in some Colonies only at liberty to suspend the payment of it until His Majesty's pleasure can be known.
26. The Moneys to
be expended for the Public Service are issued under his Warrant, as the law may in each particular case direct.
27. The Governor of a Colony has usually the power of granting licenses for marriages, letters of administration, and probate of wills, unless other provision be made by Charter of Justice or local law. He has also, in many cases, the presentation to benefices of the Church of England in the Colony, subject to rules hereinafter laid down. (See Ch. 4, sec. 1, par. 81.)
28. He has the power, in the King's name, of issuing writs for the election of Representative Assemblies --and Councils, of convoking and proroguing Legislative Bodies, and of dissolving those which are liable to dissolution.
29. He confers appointments to Offices within the Colony, either absolute, where warranted by local laws, or temporary and provisional, until a reference has been made to His Majesty's Government.
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