CO885-(16-18) — Page 51

PUBLIC RECORD UPPICE

C.O.

Reference :-

885

17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE | COPTRIGHT PAUTOGRAFTINGTIM BE REPRODUCED PHOTOGRAPHIC-

16

49. Laws are in some cases passed with suspending clauses; that is, although assented to by the Governor they do not come into operation or take effect in the Colony until they shall have been specially confirmed by His Majesty, and in other cases Parliament has for the same purpose empowered the Governor to reserve Laws for the Crown's assent, instead of himself assenting or refusing his assent to them.

818-

50. Every Law which has received. the Governor's assent (unless it contains a pending clause) comes into operation imme- diately or at the time specified in the Law itself. But the Crown retains power to disallow the Law; and if such power be exercised, the Law ceases to have operation from the date at which such disallowance is published in the Colony,

51. In Colonies having Representative Assemblies the disallowance of any Law, or the Crown's assent to a reserved Bill, is signified by Order in Council. The confirmation of an Act passed with a suspending clause is not signified by Order in Council unless this mode of confirmation is required by the terms of the suspending clause itself, or by some special provision in the constitution of the Colony.

52. In Crown Colonies the allowance or dis. allowance of any Law is generally signified by despatch.

53. In some cases a period is limited, after the expiration of which Local Enactments, though not actually disallowed, cease to have the authority of law in the Colony, unless before the lapse of that time His Majesty's confirmation of them shall have been signified there; but the general rule is otherwise.

Representative

54. In Colonies possessing Assemblies, Laws purport to be made by the King or by the Governor on His Majesty's behalf or sometimes by the Governor alone, omitting any express reference to His Majesty, with the advice and consent of the Counci and Assembly. They are almost invariably designated as Acts. In Colonies not having are designated as

such Assemblies, Laws

PUBLIC RECORD OFFICE

Reference :-

C.O-885

17 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—–NOT TO

CHAPTER III.

§ I. Legislative Councils and Assemblies.

42. Legislative Councils nominated by the Crown consist, generally speaking, in part of the principal Executive Officers of the Colony, and in part of private persons appointed by name; the former being usually termed Official, and the latter, Unofficial Members. The proportions are prescribed by the respective charters or Commissions or Instructions to Governors.

43. The precedency of the Members of Council between themselves is regulated by the Royal Instructions. In some cases, that precedency depends on seniority of appointment alone, but in other cases that rule is qualified by assigning to the Official Members of Council precedence over the Unofficial Members.

44. When a vacancy occurs by the demise, resignation, etc., of u Legislative Councillor appointed by name, the Governor may in general

appoint provisionally to such vacancy until His Majesty's pleasure may be known,

45. The general rule is, that no Member of Council may, on pain of vacating his seat, absent

himself for more than six months, except by leave of the Governor, whose power is limited

to granting a leave of absence in some cases of twelve in others of eighteen months. Any more protracted leave of absence must be granted by the Crown.

46. In the Colonies not having Representative Assemblies, the initiation of all laws belongs in general to the Governor.

47. In Colonies having such Assemblies it is in many cases provided by Local or Statute law that the initiation of all measures for the appropriation of public money shall belong to the Governor.

48. In every Colony the Governor has authority either to give or to withhold his assent to laws passed by the other branches or members of the Legislature, and until that assent is given no such law is valid or binding.