16
or for
any
other purposes
of public safety, con- venience, utility, health, or enjoyment.
And
We do further direct and enjoin that Our said Governor shall not directly or indirectly pur- chase for himself or such lands without Our special permission given to him in that behalf through one of our Principal Secretaries of State.
any
XXXI. And We do further direct and appoint that all commissions to be granted by Our said Governor to any person or persons for exercising any office or employment be granted during pleasure only; and that whenever Our said Governor shall appoint to any vacant office or employment any person not by Us specially directed to be appointed thereto, he shall, at the same time, expressly apprize such person that such appointment is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.
XXXII. And whereas We have by Our said Charter authorized the Governor of Our said Colony for the time being, upon sufficient cause to him appearing, to suspend from the exercise of his office within Our said Colony any person exercising the same under and by virtue of any Commission or Warrant granted or to be granted by Us in Our name or under Our authority: Now We do charge and require Our said Governor that, before proceeding to any such suspension, he do signify, by a statement in writing, to the person so to be suspended, the grounds of such his intended proceeding against him; and that Our said Governor do call upon such person to communicate to him, in writing,
a statement of the grounds upon which, and the evidence by which, he may be desirous to excul-
Governor not to purchase Crown Lands without permission.
Appointments to be provisional and during pleasure.
Suspension of public officers.
17
pate himself, which statement and exculpation Our said Governor is to lay before the Executive Council of Our said Colony; and having con- sulted Our said Executive Council thereon, he is to cause to be recorded in the Minutes of Our said Executive Council whether they, or the majority of them, do or do not assent to the said suspension; and if he thereupon proceed to such suspension, he is to transmit both of the said statements, together with the Minutes of Our said Council, to Us, through one of Our Principal Secretaries of State, by the earliest convenient opportunity. But if in any case the interests of Our service shall appear to Our said Governor to demand that such person shall cease to exercise
the
powers and functions of his office instantly, or before there shall be time to take the pro- ceedings hereinbefore directed, Our said Governor shall then interdict such person from the exercise of his powers and functions, preserving to him, however, until such proceedings shall have been taken, the emoluments and advantages of his office.
Power of Pardon, Regulation of
XXXIII. And whereas We have by Our said Charter and Letters Patent authorized and em- powered Our said Governor as he shall see occa- sion, in Our name and on Our behalf, to grant to any offender convicted of any crime in any Court, or before any Judge, Justice, or Magistrate within Our said Colony, a pardon either free or subject to lawful conditions, or any respite of the sen- tence of any such offender for such period as to him may seem fit: Now We do require and enjoin Our said Governor to call upon the Judge who presided at the trial of any offender who from time to time be condemned to suffer
may
death by the sentence of any Court within Our said Colony, to make to Our said Governor a
236
16
or for
any
other purposes
of public safety, con- venience, utility, health, or enjoyment.
And
We do further direct and enjoin that Our said Governor shall not directly or indirectly pur chase for himself of such lands without Our special permission given to him in that behalf through one of our Principal Secretaries
of State.
any
XXXI. And We do further direct and appoint that all commissions to be granted by Our said Governor to any person or persons for exercising any office or employment be granted during pleasure only; and that whenever Our said Governor shall appoint to any vacant office or employment any person not by Us specially directed to be appointed thereto, he shall, at the same time, expressly apprize such person that such appointment is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.
XXXII. And whereas We have by Our said Charter authorized the Governor of Our said Colony for the time being, upon sufficient cause to him appearing, to suspend from the exercise of his office within Our said Colony any person exercising the same under and by virtue of any Commission or Warrant granted or to be granted by Us in Our name or under Our authority: Now We do charge and require Our said Governor that, before proceeding to any such suspension, he do signify, by a statement in writing, to the person so to be suspended, the grounds of such his intended proceeding against him; and that Our said Governor do call upon such person to communicate to him, in writing,
a statement of the grounds upon which, and the
evidence by which, he may be desirous to excul-
Governor not to purchase Crown Landa
without permission.
Appointments to be provisional and
during pleasure,
Suspension of public officers.
17
pate himself, which statement and exculpation Our said Governor is to lay before the Executive Council of Our said Colony; and having con- sulted Our said Executive Council thereon, he is
to cause to be recorded in the Minutes of Our said Executive Council whether they, or the majority of them, do or do not assent to the said suspension; and if he thereupon proceed to such suspension, he is to transmit both of the said statements, together with the Minutes of Our said Council, to Us, through one of Our Principal Secretaries of State, by the earliest convenient opportunity. But if in any case the interests of Our service shall appear to Our said Governor to demand that such person shall cease to exercise
the
powers and functions of his office instantly, or before there shall be time to take the pro- ceedings hereinbefore directed, Our said Governor shall then interdict such person from the exercise of his powers and functions, preserving to him, however, until such proceedings shall have been taken, the emoluments and advantages of his
office.
Power of Fardon, Regulation of
XXXIII. And whereas We have by Our said Charter and Letters Patent authorized and em- powered Our said Governor as he shall see occa- sion, in Our name and on Our behalf, to grant to any offender couvicted of any crime in any Court, or before any Judge, Justice, or Magistrate within Our said Colony, a pardon either free or subject to lawful conditions, or any respite of the son- tence of any such offender for such period as to him may seem fit: Now We do require and enjoin Our said Governor to call upon the Judge who presided at the trial of any offender who from time to time be condemned to suffer
may
death by the sentence of any Court within Our said Colony, to make to Our said Governor a
236
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