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PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

Miscellaneous,

No. 38A.

CHAPTER IV.

§ I. Appointments to Public Offices.

63. The regulations comprised in this chapter are not intended to apply to colonies under re- sponsible government, in which appointments to public offices are made by the Governor with advice of his Executive Council, and are not authorised or confirmed by any commission or warrant from the Queen.

64. In other colonies public offices are gene. rally granted in the name of Her Majesty, and holden during Her Majesty's pleasure. In some cases, however, it is specially provided by law that they shall be granted by the Governor or by the Governor in Council or by some judicial authority, and in some few cases they are holden during good behaviour.

65. The general rule is, that all public offices of considerable rank, trust, and emolument, should be granted by an instrument under the public seal of the colony in Her Majesty's name. The appointment may be made either provisionally, when the instrument is issued under authority of Her Majesty's General In- structions and subject to the Royal approval, or absolutely, when the instrument is issued in pursuance of Her Majesty's special instruc- tions, which special instructions are conveyed to the Governor generally in the form of warrants under the Royal sign manual and signet.

66. The distinction between offices which are, and offices which are not, of considerable rank, trust, and emolument, being in itself vague and indefinite, has been rendered as precise as the nature of the case admits, by the following dis- tinction. Offices are classed under three heads: ---1, those of which the emoluments do not exceed 1001. per annum; 2, those of which the emoluments exceed 1001. and do not exceed 2001. per annum; 3, and those of which the emoluments exceed 2001. per annum.

67. When a vacancy occurs in the first or lowest of the three classes last mentioned, the Governor, as a general rule, has the absolute disposal of the appointment, subject only to the condition of reporting every such appointment by the first opportunity.

68. When a vacancy occurs in the second or middle class, the Governor reports it to the Secretary of State, together with the name and qualifications of the person whom he has ap- pointed to fill it provisionally, and intends to fill it finally, which recommendation is almost uniformly followed.

69. When a vacancy occurs in the third or highest class, the Governor follows the same course as to reporting the vacancy and pro- visional appointment; but he is distinctly to apprise the object of his choice that he holds

N 402. 95-3/84. G 64. WL. 6783. E. & 8.

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