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duration of his last leave, as the Secretary of State may think fit.
103. If in any colony the law of the colony shall vest in the retiring officer an unconditional right to the pension claimed, or is otherwise in- consistent with these rules, the case must of course be governed by the law and not by the rule. (See Circular of 22nd May 1873, as to mode of dealing for pension purposes with the house allowances and fees of public officers, page 231.)
CHAPTER V.
§ I. Salaries.
104. On appointments to offices, half salary, when so disposable by law, will be allowed, as a general rule, from the date of embarkation and full salary from the date of arrival in the colony Provided that the officer proceeds direct to the cclony to which he is appointed. otherwise he will be allowed to draw half salary for such time only as ordinarily elapses between the departure of the mail (if any) from the point of embarkation and its arrival in the colony or if there be no mail route between his point of embarkation and his point of arrival in the colony, for such time as is ordinarily required to perform the journey between auch two points.
105. If, however, the office is a new one, or if for any other reason there is no person draw- ing salary in respect of it, full salary may in special cases be allowed from the date of em- barkation. If, on the other hand, the officer pre- viously holding the appointment in the colony, continues in the tenure of his office until the arrival of his successor, the latter officer will not be entitled to any portion of salary until he has assumed the duties of his office.
106. No advance of salary is allowed, except in very special cases, to be determined by the Secretary of State; and the officer to whom it may be granted must sign an agreement with the Crown agents in the form inserted in the Appendix.* (Page 313.)
107. If any office be vacated, in any colony, by the death or removal of the holder, or by his temporary absence, the person appointed by the Governor to act in his stead will receive half the salary of the office. Should such per- son be the holder of another situation, but not performing the duties of it, he may receive half the salary of the office in which he is so ap pointed to act, together with half the salary of his own office.
Crown aguuta, by letter of September 9, 1871 (commu nicated to Governors in a Circular of September 13) were directed to consider it as a standing instruction that advances lary should only be made on exeention of written gua- rantee, from a responsible third person, for repayment of money in case of default,
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9
108. Should the person so appointed by the Governor to a vacant office be required at the same time to perform the duties of his owD office, may be allowed half the salary of the temporary office, together with the whole salary of his own office; but as a general rule no person should be appointed to discharge at the same time the duties of two distinct offices, whenever any other arrangement may be prac ticable.
109. The fees of the vacant office (in the absence of any usage or law to the contrary) should be paid into the Colonial Treasury, from whence the acting officer will receive one moiety, with such further portion as the Governor shall consider advisable, in case the services performed are of a special character or involve outlay.
110. Should the officer whom the Governor has appointed temporarily to a vacant office be confirmed in the situation, he will be entitled to draw the full salary of that office from the date at which he entered on the duties, if no portion of the salary during that period has been drawn by the former occupant of the office; but from the date from which he draws such full salary, he will not be entitled to salary on account of any other office which he may have held at the same time.
111. If any colonial officer desires part of his salary to be paid by the Crown agents in this country, he must give his assent in writ- ing to the following condition, viz., that the proposed part payment shall in no case be made until the Crown agents have been fur- nished with a certificate from the proper colo- nial authority to the effect that the officer continued to hold his appointment during the period for which such part payment is
claimed.*
112. The Colonial Government, on timely application from the officer, is to transmit such a certificate to the Crown agents, furnishing the officer with a duplicate.*
113. The following rules are to be observed in regard to the salary to be drawn by officers appointed to the provisional administration of governments, or transferred from one govern- ment to another :-
Whenever the government of a colony may be vacated by the death, recall, or resignation of the holder of it, or when the Governor may be absent on leave, the person succeeding to the administration of the government shall (if previously resident in the colony) receive half of the salary of the Governor; and the full table allowance," in cases where any such allowance is made.
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Should any officer in the Civil Service
As to the mode of making such remittances through the Crown agents, and the Forms to be used, see Circular. Despatch of 21st April 1877.
N 401,
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PUBLIC RECORD OFFICE
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