PUBLIC RECORD OFFICE
6
T U T T T T
Reference -
C.O.885
ALLY WITHOUT PERMISSION OF THE
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3 PUBLIC RECORD OFFICE, LONDON
"Executive Council."
Commence-
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of the Governor on behalf of Her Ma- jesty, to any Bill passed by the Legis- lative Body or Bodies of any Colony : (13.) The Term "Executive Council" shall signify and include every "Privy or other Council" lawfully appointed to advise and assist the Governor in the Administration of the "Executive" Government of such Colony.
3. This Act shall come into operation for the ment of Act. Purposes of each Colony to which it shall apply at the Date of the Proclamation thereof in such Colony, and not before, and for all other Purposes on the Day on which the same shall receive Her Majesty's Assent.
Powers of Governors.
Powers of
Province.
PART II.
Of the Governor.
4. The Governors of Colonies shall (so far as shall not be otherwise provided by their Commis- sions, and subject to the Provisions thereof), possess the Powers assigned to them respectively in the Three following Sections of this Act, and shall, in the Exercise thereof, follow such In- structions as they may from Time to Time receive: Provided always, that no Act or Thing done by any Governor in exercise of any of the Powers conferred upon him by this Act or by his Commission, and in particular no Assent given by him to any Bill sent up to him for such Assent by the Legislative Body or Bodies of the Colony under his Government, shall at any Time afterwards be liable to be impeached or disputed by reason that such Governor hath not duly fol, lowed such Instructions.
5. The Governor of every Province shall (sub- Governors of ject as aforesaid) possess the following Powers:
(1.) The Power of keeping and using the
Public Seal of the Province :
(2.) The
Seal.
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Council.
(2.) The Power, in the Name and on behalf of Executive
Her Majesty, of appointing and dismiss- ing all Members of the Executive Council, and also all such Officers as by virtue of their Office are Members of the said Council; provided that every such Appointment and Dismissal shall be under the Hand of the Governor, and under the Public Seal of the Province :
(3.) The Power, in the Name and on behalf of Appointing
Iler Majesty, of appointing, in the legal dismissing
Officers and
or accustomed Manner, all such other Officers hold- Officers as may lawfully be appointed Pleasure." ing during
by Her Majesty, and of suspending and dismissing every Officer holding his Office during Her Majesty's Pleasure:
(4.) The Power (so far as it shall not be other- Removing or
wise expressly provided by any Act of suspending Judges and the Colonial Legislature) of suspending Officers hold-
ing during or removing from Office for Misbe- good Be- haviour thercin any Judge or other haviour. public Officer holding Office in the Pro- vince during Life or good Behaviour; provided that no such Suspension or Removal shall be valid unless made by the Governor, with the Advice and Consent of his Executive Council, on satisfactory Proof of the Matter charged, and after the Judge or other Officer charged shall have been allowed an Opportunity of being heard before the Governor in Council in answer to the Charge, nor unless made by an Order under the Hand of the Governor and
the public Seal of the Province; and provided also, always, that it shall be lawful for every Judge or Officer removed or suspended under this Section, at any Time within Twelve Calendar Monthis after the Date of the Order of Removal or Suspension, to appeal therefrom to Her Majesty in Council; but every such Removal or Suspension shall neverthe- (0.52.)
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