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require that there be recorded upon the Minutes his written application, together with the answer returned by the Governor to the same.
XII. The Governor may, in the exercise of the powers and authorities granted to him by Our said recited Letters Patent, act in opposition to the advice given to him by the Members of the Executive Council, if he shall in any case deem it right to do so; but in any such case he shall fully report the matter to Us by the first con- venient opportunity, with the grounds and reasous of his action. In every such case it shall be competent to any Member of the said Council to require that there be recorded at length on the Minutes the grounds of any advice or opinion. he may give upon the question.
XIII. The Legislative Council of the Colony shall consist of the Governor, the Lieutenant Governor (if any), the Senior Military Officer for the time being in command of Our Regular Troops within the Colony, the persons for the time being lawfully discharging the functions of Colonial Secretary, Attorney General, and Treasurer of the Colony, and such other persons holding office in the Colony, and not exceeding three in number at any one time, as at the date of the coming into operation of Our said recited Letters Patent are Official Members of the said Council, or.as We may from time to time appoint by any In- structions or Warrants under Our Sign Manual and Signet, or as the Governor, in pursuance of Instructions from Us, through one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Official Members of the Legislative Council; and further of such persons, not exceeding six in number at auy one time, as at the date of the coming into operation of the said recited Letters Patent are Unofficial Members of the said Council, or 88
Our
Governor may net in opposition to
Executive Council.
Reporting grounds for so doing.
Members may require their adverse
opinions to be recorded Miautee.
CA
Constitution of Legislative Council.
Official Member$
Unofficial Members
Provisional appointments in place of Official Members absent, &c.
Provisional appointment to be im-
mediately reported.
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the Governor, in pursuance of Instructions from Us, through one of Our Principal Secretaries of State, may from time to time appoint by an Instrument under the Public Seal of the Colony, and all such persons shall be styled Unofficial Members of the Legislative Council,
XIV. Whenever any Official Member other than an
exjofficio Member of the Legislative Council of the Colony shall, by writing under his hand, resign his seat in the Council, or shall die, or be suspended from the exercise of his functions as a Member of the Council, or be declared by the Governor by an Instrument under the Public Seal of the Colony to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an exofficio Member of the Council, the Governor may, by an Instrument under the Public Seal of the Colony, provisionally appoint some person to be temporarily an Official Member of the Council in the place of the Member so resigning, or dying, or being suspended, or declared incap- able, or being absent, or sitting as an ezjoficio Member.
Such
shall forthwith cease to be an person Official Member of the Council if his appointment is disallowed by Us, or if the Member in whose place he was appointed shall return to the Colony, or shall be released from suspension, or shall be declared by the Governor by an Instru- ment under the Public Seal capable of again discharging his functions in the said Council, or shall cease to sit in the Council as an exofficio Member.
The Governor shall, without delay, report to Us, for Our confirmation or disallowance, through one of Our Principal Secretaries of State, every provisional appointment of any person as an Official Member of the Logislative Council.
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