صور الصفحة
PDF
النشر الإلكتروني

the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be vested in such person as may be appointed by Us under Our Sign Manual and Signet to be Our Lieutenant-Governor of Our said Dominion; or if there shall be no such Lieutenant-Governor in Our said Dominion, then in such person or persons as may be appointed by Us under Our Sign Manual and Signet to administer the Government of the same; and in case there shall be no person or persons within Our said Dominion so appointed by Us, then in Our Chief Justice for the time being of the Supreme Court of Our said Dominion, or, in case of the death, incapacity, removal, or absence out of Our said Dominion of Our said Chief Justice for the time being, then in the Senior Judge for the time being of Our said Supreme Court then residing in Our said Dominion and not being under incapacity.

Provided always, that the Senior Judge shall act in the Proviso. administration of the Government only if and when Our said Chief Justice shall not be present within Our said Dominion and capable of administering the Government.

Governor, etc., to take

Provided further that no such powers or authorities shall Lieutenantvest in such Lieutenant-Governor, or such other person or persons, until he or they shall have taken the Oaths appointed to be taken by the Governor General of Our said Dominion, and in the manner provided by the Instructions accompanying these Our Letters Patent.

VIII. And We do hereby require and command all Our Offices and Ministers, Civil and Military, and all other the inhabitants of Our said Dominion to be obedient, aiding, and assisting unto Our said Governor General, or, in the event of his death, incapacity, or absence, to such person or persons as may, from time to time, under the provisions of these Our Letters Patent, administer the Government of Our said Dominion.

IX. And we do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem meet.

oaths of office before ing the

administer

Government.

Officers and others to

obey and

assist the Governor General.

Power

reserved to His Majesty to revoke,

alter, or amend the

present

Letters

Patent.

of Letters

Patent.

X. And we do further direct and enjoin that these Our Publication Letters Patent shall be read and proclaimed at such place or places as Our said Governor General shall think fit within Our said Dominion of Canada.

IN WITNESS whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster the twentythird day of March in the Twenty-first Year of Our Reign.

By Warrant under the King's Sign Manual.

Preamble.

Recites
Letters
Patent

constituting the Office of Governor General and Commanderin-Chief.

Publication

General's

ROYAL INSTRUCTIONS
DATED MARCH 23, 1931

"George R.I."

Instructions to Our Governor General and Commander-in-Chief in and over Our Dominion of Canada, or, in his absence, to Our Lieutenant-Governor or other Officer for the time being administering the Government of Our Said Dominion.

Given at Our Court at Saint James, the Twenty-third day of March, 1931, in the Twenty-first of Our Reign.

WHEREAS by certain Letters Patent bearing even date herewith We have constituted, ordered, and declared that there shall be a Governor General and Commander-in-Chief (hereinafter called Our said Governor General) in and over Our Dominion of Canada (hereinafter called our said Dominion), and We have thereby authorized and commanded Our said Governor General to do and execute in due manner all things that shall belong to his said office, and to the trust We have reposed in him, according to the several powers and authorities granted or appointed him by virtue of the said Letters Patent and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet, and to such Laws as are or shall hereafter be in force in Our said Dominion: Now, therefore, We do, by these Our Instructions under Our Sign Manual and Signet, declare Our Pleasure to be as follows:

I. Our said Governor General for the time being shall, of Governor with all due solemnity, cause Our Commission under Our Sign Commission. Manual and Signet, appointing Our said Governor General for the time being, to be read and published in the presence of the Chief Justice for the time being, or other Judge of the Supreme Court of Our said Dominion, and of the members of the Privy Council in Our said Dominion.

Oaths to be taken by

Governor

Our said Governor General, and every other Officer appointed to administer the Government of Our said Dominion, General, etc. shall take the Oath of Allegiance in the form following: “I,. . . . . do swear that I will be faithful and bear true allegiance to His Majesty King George, His heirs and successors, according to law, So Help me God;" and likewise he or they shall take the usual Oath for the due execution of the Office of Our Governor General and Commander-in-Chief

in and over Our said Dominion, and for the due and impartial administration of justice; which Oaths the said Chief Justice for the time being of Our said Dominion, or, in his absence, or in the event of his being otherwise incapacitated, any Judge of the Supreme Court of Our said Dominion shall, and he is hereby required to, tender and administer unto him or them.

II. And We do authorize and require Our said Governor General from time to time, by himself or by any other person to be authorized by him in that behalf, to administer to all and to every person or persons, as he shall think fit, who shall hold any office or place of trust or profit in Our said Dominion, the said Oath of Allegiance, together with such other Oath or Oaths as may from time to time be prescribed by any Laws or Statutes in that behalf made and provided.

III. And We do require Our said Governor General to communicate forthwith to the Privy Council for Our said Dominion these Our Instructions, and likewise all such others, from time to time, as he shall find convenient for Our Service to be imparted to them.

[blocks in formation]

Governor General to cate Instructions to the Privy Council of the Dominion.

communi

Laws sent home to have marginal abstracts.

IV. Our said Governor General is to take care that all Laws assented to by him in Our name, or reserved for the signification of Our pleasure thereon, shall, when transmitted by him, be fairly abstracted in the margins, and be accompanied, in such cases as may seem to him necessary, with such explanatory observations as may be required to exhibit the reasons and occasions for proposing such Laws; and he shall also transmit fair copies of the Journals and Minutes of the proceedings of Journals the Parliament of Our said Dominion, which he is to require Minutes. from the clerks, or other proper officers in that behalf, of the said Parliament.

and

Pardons.

V. And We do further authorize and empower Our said Grant of Governor General, as he shall see occasion, in Our Name and in Our behalf, when any crime or offence against the Laws of Our said Dominion has been committed for which the offender may be tried therein, to grant a pardon to any accomplice in such crime or offence, who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further, to grant to any offender convicted of any such crime or offence in any Court, or before any Judge, Justice, or Magistrate, within Our said Dominion, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to Our said Governor General may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to Us. And We do hereby direct and enjoin that Our said Governor General shall not pardon or reprieve any such offender without first receiving in capital

Remission of fines.

Regulation of power

of pardon.

Governor General's absence.

cases the advice of the Privy Council for Our said Dominion, and in other cases the advice of one, at least, of his Ministers; and in any case in which such pardon or reprieve might directly affect the interests of Our Empire, or of any country or place beyond the jurisdiction of Government of Our said Dominion, Our said Governor General shall, before deciding as to either pardon or reprieve, take those interests specially into his own personal consideration in conjunction with such advice as aforesaid.

VI. And whereas great prejudice may happen to Our Service and to the security of Our said Dominion by the absence of Our said Governor General, he shall not, upon any pretence whatever, quit Our said Dominion without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through the Prime Minister of Our said Dominion.

By Warrant under the King's Sign Manual.

"SCHUSTER.”

LETTERS PATENT

DATED SEPTEMBER 25, 1935

Amending the Letters Patent Dated March 23, 1931

GEORGE THE FIFTH, by the Grace of God, of Great Britain,
Ireland and the British Dominions beyond the Seas
King, Defender of the Faith, Emperor of India; To all
to whom these Presents shall come, GREETING:

Patent of 23rd March,

WHEREAS by certain Letters Patent under the Great Seal Preamble. bearing date at Westminster the Twenty-third day of March, Recites 1931, We did constitute, order, and declare that there should Letters be a Governor General in and over Our Dominion of Canada, and that the person filling the said office of Governor General 1931. should be from time to time appointed by Commission under the Royal Sign Manual and Signet:

And whereas by the Seventh Clause of the said Letters Patent provision was made for the administration of the Government of the Dominion in certain events:

And whereas We are minded to make further provision for the temporary absence of the Governor General from the Dominion:

Now know ye that We do hereby declare Our Will and Pleasure and direct and ordain as follows:

I. The following clause shall be added after the said Seventh Amends Clause:

"VIIA. Whenever and so often as the Governor General shall be temporarily absent from the Dominion, with Our permission, for the purpose of visiting some neighbouring State or territory, for a period not exceeding one month, then and in every such case the Governor General may continue to exercise all and every the powers vested in him as fully as if he were residing within the Dominion, including the power to appoint a Deputy or Deputies as provided in the Sixth Clause of these Our Letters Patent."

II. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem meet.

Seventh Clause of Letters Patent of 23rd March, 1931.

Power reserved to His Majesty to revoke,

alter, or amend the

[blocks in formation]
« السابقةمتابعة »