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PUBLIC RECORD OFFICE

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§ III. General Powers of an Officer appointed to

conduct a Colonial Government.

22. The powers of every Officer, administering a Colonial Government, are conferred, and his duties for the most part defined in His Majesty's Commission and the Instructions with which he is furnished. The following is a general outline of the nature of the powers with which he is invested, subject to the special law of each Colony

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23. He is empowered to grant a pardon or respite to any criminal convicted in the Colonial Courts of justice.

24. He may pardon persons imprisoned in Colonial Gaols under sentence of a Court-martial; but this is not to be done without consulting the Officer in command of the Forces.

25. He has in general the

power

of remitting any fines, penalties, or forfeitures, which may accrue to the King, but if the fine exceeds £50, he is in some Colonies only at liberty to suspend the payment of it until His Majesty's pleasure can be known.

26. The Moneys to be expended for the

Public Service are issued under his Warrant, as the law may in each particular case direct.

27. The Governor of a Colony has usually the power of granting licenses for marriages, letters of administration, and probate of wills,

unless other provision be made by Charter of Justice or local law. He has also, in many cases, the presentation to benefices of the Church of England in the Colony, subject to rules hereinafter laid down. (See Ch. 4, sec. 1, par. 81.)

28. He has the power, in the King's name, of issuing writs for the election of Representative Assemblies and Councils, of convoking and proroguing Legislative Bodies, and of dissolving those which are liable to dissolution.

29. He confers appointments to Offices within the Colony, either absolute, where warranted by local laws, or temporary and provisional, until

a reference has been made to His Majesty's Government.

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30. In Colonies possessing responsible Govern- ment, he has, with his Council, the entire power of suspending or dismissing public servants who hold during pleasure. In other Colonies he has the power of suspending them from the exercise of their functions under certain regulations, which must be strictly observed, and a limited power of dismissal.

31. He is empowered to administer the appointed oaths to all persons, in Office or not, whenever he may think fit, and particularly the Oath of Allegiance provided by 21 and 22 Vict. c. 48, s. 1.

32. He has the power of granting or with- holding his assent to any Bills which may be passed by the Legislative bodies.

33. But he is required, in various cases, by his Instructions, to reserve such Bills for the Royal Assent, or to assent to them only with a clause suspending their operation until they are confirmed by the Crown. These cases are not defined alike in all Instructions; but they com- prise, generally speaking, matters touching the Currency, the Army and Navy, Differential Duties, the effect of Foreign Treaties, and any enactments of an unusual nature touching the Prerogative or the rights of His Majesty's subjects not resident in the Colony.

34. If anything should happen which may be for the advantage or security of the Colony, and

is not provided for in the Governor's Commission and Instructions, he may take order for the present therein.

35. He is not to declare or make war against any foreign State, or against the subjects of any foreign State. Aggression he must at all times repel to the best of his ability; and he is to use his best endeavours for the suppression of piracy. -

36. His attention is at all times to be directed to the state of discipline and equipment of Militia and Volunteers in the Colony and when either Force may be embodied he should send home monthly Returns, with a particular account of their arms and accoutrements.

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