CO885(2-3) — Page 182

PUBLIC RECORD OFFICE

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Reference -

11T1C.O.885

Legislativo

Powers.

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of all Lands in the Colony which may by Law be granted or disposed of by Her Majesty, either in conformity with his Instructions, or in conformity with such Regulations as may have been made by lum in that Behalf, with the Advice of his Executive Council, and may have been duly published in the Colony :

(7.) The Power, as often as the Governor is by Commission appointed to be Captain General or Commander-in-Chief of the Colony, but not in any other Case, of dismissing and disbanding by Procla- mation, in the Name of Her Majesty, and also (subject to any Law which from Time to Time may be in force in the Colony), of calling out by like Proclamation, any armed Force em- ployed within the Colony under Autho- rity of the Legislature thereof; and no Appointment of any Officer in Force so employed, nor any Regulation re- specting the Conduct or Discipline thereof, shall be valid, unless such Ap- pointment shall be made or such Re-

any

gulation made or approved in Writing under the Hand of the Governor.

PART III.

Of Legislation.

With respect to Franchised Colonies-

8. The Legislature of every Franchised Colony has Power to make Laws for the Peace, Wel- fare, and good Government of such Colony, in all Cases and for all Purposes whatsoever, including as well Cases and Purposes of Constitutional Change, of the Establishment and Regulation of the Judicature, and of the Taxation of the Sub- ject,

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ject, as all other Cases and Purposes, subject to

the following Qualifications; viz.

to Law or

(1.) Every Colonial Law which shall be repug. Bepugnancy

nant, in whole or in part, to any Pro- Treaty. vision of this or any other Act of Parliament in force by virtue of the ex- press Provisions or necessary Intend- ment thereof in or over such Colony, or which shall be repugnant, in whole or in part, to any Order or Regulation made or to be made by virtue and having the Force and Effect of any Imperial Act

so in force as aforesaid, or which shall be repugnant, in whole or in part, to the Terms or Obligations of any Treaty between Her Majesty and any other Sovereign or State, in force at the Time of such Colonial Law coming into operation, shall be read subject to such Act of Parliament, Order, Regu- lation, or Treaty, as the Case may be, and shall to the Extent of such Repug. nancy, but not further or otherwise, be absolutely inoperative and void :

(2.) No Colonial Law shall prejudice or affect Interference

or be construed in any Manner to inter- with Disci- fere with the Discipline or Control, trol of Her

pline or Con. within the Colony or elsewhere, of any Forces.

Majesty'a

of Her Majesty's Military or Naval Forces, except only such Forces as may be embodied and employed under the Authority of the Colonial Legis- lature; and any Colonial Law pur- porting in any Manner to interfere with the Discipline or Control of any such Forces (other than such excepted Forces as aforesaid) shall, for the Purposes of any such Interference, and to the Extent thereof, but not further or otherwise, be inoperative and void :

(3.) In all Cases in which Provision may be or Appeal to have been made by the Laws of any cil against

Privy Coun- Colony Removal of

(0.52.)

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3 PUBLIC RECORD OFFICE, LONDON

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