CO885-(6-7) — Page 114

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

25 Aug. 1894

V.

76

18 May 1900

VI.

360

29 Sept. 1900

VI.

53

VI.

177

7 Feb. 1903

VI.

178

B

7 Feb. 1907

VII.

62

222222

1

LEGAL INSTRUMENTS-continued.

LETTERS PATENT-continued.

!

Letters Patent appointing Mr. J. P. Hennessy Governor of the Bahamas null and void in consequence of their not being proclaimed in the Colony within six months. Power of the Crown to legislate for a conquered or ceded

territory by Letters Patent, i.e., Gibraltar. Proposed issue in the case of each Colony of Letters Patent permanently constituting the office of Governor. Full title of Her Majesty to be recited in Letters Patent

issued in this country.

Revocation of Letters Parent appointing Colonial

Governors.

Letters Patent appointing Sir Garnet Wolseley Governor

of Natal.

Letters Patent establishing a Legislature in a Colony can only be revoked by virtue of and in accordance with the powers contained in the Letters Patent themselves. Legality of Victorian Letters Patent of 21 February 1879 Interpretation of the phrases "the Chief Secretary for the time being" and "the Crown Advocate for the time being" in Malta. Letters Patent of 12 December 1887 and 19 August 1891.

Validity of Letters Patent authorizing the annexation of

the Kermadec Islands to New Zealand.

Interpretation of the word "incapable" in Clause XVI. of the Gold Coast Letters Patent of 13 June 1886 as applied to the Governor blockaded in Coomassie. Letters Patent constituting the office of Governor-General of the Commonwealth of Anstralia and the office of Governor in each of the States.

Invalidity of Regulation in respect of the Cocos Islands 'made by the Governor of the Straite Settlements under

Article IV. of Letters Patent of 1 February 1886. Interpretation of the words "persons in occupation of "lands" in Section III. of the Transvaal Constitution ¡Letters Patent of 6 December 1906.

Power of the Transvaal Government under the Transvaal Constitution Letters Patent of 6 December 1906, to legialate concerning Chinese labourers imported into the Transvaal.

See also ECCLESIASTICAL.

ORDERS IN COUNCIL.

!

PROCLAMATIONS.

ROYAL INSTRUCTIONS.

See separate headings.

Victorian Instructions of 21 February 1879.

Objections and criticisms of the Chief Justice and

the Attorney-General.

Commonwealth of Australia and State Instructions Instructions to the Governor of the Gold Coast as to

Northern Territories and Ashanti,

SEALS. See separate heading.

WARRANTS (Royal).

Appointments to Legislative Council

9 May 1907

4 July 1907

VII. VII.

70

76

New Form of Warrant

Issue of Warrants without reference to the Privy Council

LEGISLATION.

1

ALLOWANCE OF COLONIAL ACTS.

GOVERNOR'S ASSENT.

26 Jan. 1888

IV.

110

29 Sept. 1900

VI.

53

5 Feb. 1901

VI

69A

14 Aug. 1901

VI.

100

15 Jan. 1878

III.

158

28 July 1879

III.

208

Subject,

85

Date.

Vol.

No.

30 Oct. 1865

II.

=

431

24 June 1873

II.

834

LEGISLATION—continuedl.

ALLOWANCE OF COLONIAL ACTS—continued,

GOVERNOR'S ASSENT-continued.

Obligation of Ministers in Responsible Government Colonies to obtain Governor's assent prior to the intro- duction of important measures. Governor General of Canada ought to act on his own discretion in leaving in operation or disallowing Pro- vincial Acts and not pay regard to the advice of the Dominion Ministers.

The legal effect of the British North America Act, 1867, is to vest in the Governor-General in Council the power of assenting to or disallowing Provincial Acts. Validity of a Bill assented to by the Governor of Western

Australia, but which should have been reserved.

Do. Governor's assent a nullity, and the Bill may yet be assented to by Her Majesty. Need for the Sighature of the Officer Administering the

Government of Cyprus by whom the Act was passed. Assent by the Governor of New South Wales to an Act

which should have been reserved. Validity of Jamaica law assented to by the Governor, but

which should have been reserved. Validity of Newfoundland Act assented to by the Governor, but which under the Royal Instructions should have been reserved.

Limit of time within which assent must be given

Governor's assent to Act which should have been reserved

renders it invalid.

28 Sept. 1864

I.

275

Period within which Governor's assent must be given ... {

6 April 1865

I.

325A

10 Oct. 1902

VI.

165

ROYAL ASSENT.

119

1 Nov. 1875

III.

79

10 Aug. 1878

III.

179

18 Sept. 1878

111:

185

25 Sept. 1879

III.

209B

9 Feb. 1894

V.

51

3 Nov. 1899

12 Nov. 1901

V.

VI.

-239

112

10 Oct. 1902

VI.

165

22 June 1861

[.

69

11 April 1866

II.

406

28 Oct. 1871

11.

734

28 Nov. 1871 12 Feb. 1874

H

737

III.

6

16 Nov. 1874

III.

13

18 Sept. 1878

][].

185

10 Dec. 1885

IV.

64

Form of signifying

Signification by despatch of the Queen's assent to Cape

of Good Hope Act for annexation of Basutoland. Confirmation of Acts with suspending clauses Question whether Orders in Council assenting to Acts are

to be regarded as "confirmation and approval.” Proclamation of Tobago Bill with suspending clause

before it had received the Royal assent. Royal assent may be given to a Bill assented to by the

Governor, but which should have been reserved. Proclamation may be issued by Governor on receipt of telegraphic message informing him that the Queen's assent has been given to a Reserved Bill. Whether the Royal assent ought to be given to Victorian Constitution Bill, altered after the second and third readings, looking to the proviso in section 60 of the Constitution Act, which requires that the second and third readings of such Bill shall be passed with the concurrence of an absolute majority of both Houses, and whether the Bill would be valid if assented to by the King in Council.

COLONIAL LAWS VALIDITY ACT, 1865.

Application to the laws of the Commonwealth of Aus-

tralia.

15 Aug. 1903 5 Oct. 1903

VI.

201

VI.

202A

DISALLOWANCE.

Sufficiency of grounds for disallowing a Canadian Act... Power of the Crown to disallow an ordinance after the Governor had been told that that power would not be exercised.

21 Dec. 1899

V

243

3 Feb. 1883

III.

289

21 Jan: 1902

VI.

124

PUBLIC RECORD OFFICE

Reference :-

TPLLC.O. 885

6

| COPYRIGHT PHOTOGRAPH-NOT TO ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

PUBLIC RECORD OFFICE, LONDON

Subject.

NG

LEGISLATION—continual.

IMPERIAL PARLIAMENT.

Is not competent to legislate for Cyprus

Act 18 Geo. III. cap. 12 as to taxation of certain Colonies

not applicable to Malta.

REPUGNANCY TO ENGLISH LAW.

General opinion

The scheduling of Victorian Act establishing the con- stitution in an Imperial Act did not enable the Legislature to pass laws in the Colony repugnant to Imperial Acts extending to the Colony. Proposed Colonial legislation (Newfoundland) providing for summary trial of offences under an Imperial Act triable by the Supreme Court.

Question whether Newfoundland Act respecting foreign

fishing vessels repugnant to 59 Geo. III. c. 38. Question whether Section 3 of Mauritius Ordinance 6 of 1891, respecting sketching of fortifications, is repug- nant to the Official Secreta Act, 1889.

Question whether Canadian Act respecting the Speaker of the Senate is repugnant to the British North America Act, 1867.

Whether Western Australia Companies Act 28 of 1898 is

in conflict with the Imperial Companies Act.

Date.

Vol.

No.

19 Sept. 1881

III.

206

21 Sept. 1901

VI.

105

12 April 1862

1.

110

22 April 1870

11.

638

2 July 1891

IV.

218

29 July 1892

V.

14

k

6 June 1893

V.

38

23 Oct. 1894

V.

77

29 March 1899

V

208.

RESERVATION,

Sonth Australian Electoral Act 10 of 1855-6 not having

been reserved is invalid.

Assent by Governor to Acts which should have been

retorved

H

Need for reservation of Victorian Act 29 Vict., No. 293,

affecting Customs Duties.

Question whether Jamaica Customs Duties Acts were invalid in toto on account of absence of suspending clause

Necessity for reservation of Electoral Bills, Tasmania... Necessity for reservation of New South Wales Promissory

Oaths Act, 1870.

Assent by the Governor of Western Australia to Bill

which should have been reserved

Necessity for reservation of New South Wales Electoral

Act 38 of 1893.

Need for laying Western Australian Electoral Bill before Parliament for 30 days prior to the signification of Her Majesty's pleasure.

Validity of Jamaica Law 26 of 1895, reducing the salary of the Attorney-General, the Law having been assented to by the Governor and not reserved for the significa- tion of Her Majesty's pleasure.

Necessity for reservation of New South Wales Acte

Nos. 73 and 84 of 1900.

Necessity for reservation of Western Australian Acts

Nos. 2 and 5 of 1900.

Necessity for reservation of Newfoundland Act 1

Edw. VII. c. 12.

Application to Queensland of Imperial Acta 5 and 6

Vic. c. 76 and 13 and 14 Vic. c. 59.

Necessity for reservation of New South Wales Act 54 of

1902, extending the Parliamentary Franchise Women.

to

25 March 1862

I.

103-

12 April 1862

110.

28 Sept. 1864

I.

275

30 June 1866

II.

419-

8 July 1868

4 Nov. 1868

28 July 1871

26 July 1872

10 Aug. 1878

18 Sept. 1878

9 Feb. 1894

==== EEP

II.

518.

II.

536

11. 720

II.

775

III.

178

179

51

8 Feb. 1897

V.

127

3 Nov. 1899

V.

239.

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