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§ II. The Executive Council,

56. The Executive Council (whether separate or not from the Legislative) has the general duty of assisting the Governor by its advice. In some cases, by local Enactment, he can only act with this advice; but, generally speaking, he is not absolutely precluded from acting without it if the public interest requires him to do 80. But in this case he must conform to certain special Rules laid down in his Instructions; which likewise prescribe the course to be taken by Councillors in re- cording their opinion in opposition to the Governor's.

57. In Colonies possessing what is called

the Responsible Government Governor is empowered by his Instructions to appoint and remove Members of the Executive Council, it being understood that Councillors who have lost the confidence of the local Legislature will tender their resignation to the Governor or discontinue the practical exercise of their functions in analogy with the usage prevailing in the United Kingdom.

58. In other Colonies the Executive Council when separate from the Legislative Council commonly consists of certain principal officers of the Local Government with or without an admixture of Unofficial Members.

59. These Councillors are appointed by the Governor's Instructions or by Warrant from the Crown, the 'Governor having in some cases the power of making provisional appointments, subject to the Crown's confirmation.

60. They may be dismissed by the Crown alone, but may be suspended by the Governor, following as far as the nature of the case will allow, his General Instructions as to the suspension of Public. Officers.

61. In the West India Colonies possessing Representative Assemblies, the Councils in some cases possess, concurrently with the Governor, a judicial authority as a Court of Error, and in some cases they also audit the public accounts.

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