111. If any Colonial Officer desires part of his salary to be paid by the Crown Agents in this country, he must give his assent in writing to the following condition, viz., that the proposed part payment shall in no case be made until the Crown Agents have been furnished with a certificate from the proper Colonial authority to the effect that the Officer continued to hold his appointment during the period for which such part payment is claimed.* 112. The Colonial Government, on timely application from the Officer, is to transmit such a certificate to the Crown Agents, furnishing the Officer with a duplicate.* 113. The following Rules are to be observed in regard to the salary to be drawn by Officers appointed to the provisional administration of Governments, or transferred from one Government to another :Whenever the Government of a Colony may be vacated by the death, recall, or resignation of the holder of it, or when the Governor may be absent on leave, the person succeeding to the administration of the Government shall (if previously resident in the Colony) receive half of the salary of the Governor; and the full "Table Allowance," in cases where any such allowance is made. Should any Officer in the Civil Service of a Colony be called to administer the Government of a Colony in either of the aforesaid cases, he will (if no other arrangement has been made and sanctioned on his assumption of the Government) be entitled to receive only the Governor's half salary, and no part of his own salary, unless the Governor's half salary should be less than double his own whole salary, in which case he will receive half of each. Should the person called to the administration have been removed from the Public Service in another Colony for the purpose, he shall receive, during a vacancy of the Government to which he shall so have been called, and until the embarkation of his Successor, the whole salary of the Governor; and "Table Allowance," as above stated. But during the period in which he may continue to administer such Government, on whole salary. he will not be entitled to any portion of the salary of the Office from which he may have been removed; and from the period at which the newly-appointed Governor shall become entitled to half salary, the Officer provisionally administering shall receive only the other half; and "Table Allowance," as above stated. Whether he can in this case draw also half the salary of his own Office will depend on the arrangements made for payment of his substitute, and will be decided in each instance by the Secretary of State. Should a Government be vacant by reason of the absence on leave of the Governor (who would then be entitled to half salary), and should an Officer administering some other Government be called to the provisional administration of the Government so temporarily vacant, such officer will be entitled to draw the half salary of the Government from which he may have so temporarily removed, together with the half salary of the Government which he may have been called provisionally to administer; and "Table Allowance." as above stated. If the period of a vacancy, or of the absence of a Governor, should exceed nine months, and there should be any salary left for the purpose, the Secretary of State will be willing to make such arrangements as may appear reasonable for the increase of the salary of the temporary holder for the period of excess. Officers in the provisional administration of Colonial Governments must, however, in all cases in which bills are drawn on the Paymaster-General, draw for the half salaries only of such Governments until they shall receive Notifications from the Colonial Office of the periods during which they may be entitled to full salary. 113A. Officers succeeding to the administration, or the provisional administration, of Colonial Governments, will be entitled to draw full or half salary, as the case may be, in respect of the day on which they assume their duties. The Officers whom they succeed will not be entitled to any payment for that day, excepting the half salary granted in cases of absence on leave. 114. If a Governor is transferred from one Colony to another, and comes to England first, he will usually receive the half salary of the Government which he relinquishes if it should be available, and not drawn by any other Officer, until the date of his embarkation from England for the Government to which he may be appointed. 115. If no portion of the salary of the Government from which such Governor is transferred is so available, but the half salary of the Government to which he may be appointed is available, he will asually receive the half salary of the latter. 116. If no half salary is available from either, he can receive no salary until he assumes his new Government. 117. When a Governor who has been transferred from one Government to another returns to this country, before proceeding to his new Government, the Secretary of State must be satisfied that such return is unavoidable, or in furtherance, of the public interests, before the Officer is allowed to receive any half salary. (See also circular of 8th January, 1873, as to the division of salary on the occasion of a change in the office of Governor.) § II. Leave of absence (See Cir. 21, Dec., 1886). 118. The Acts of Parliament, 22 Geo. 3, cap. 75, and 54 Geo. 3, cap. 61, empower the Governor and Council of any Colony to grant leave of absence to Colonial Officers. 119. Subject to the necessities of the service leave of absence may be granted after a period of six years' resident service in the Colony without any special grounds. It may be given before the expiration of that period in cases of serious indisposition, or of "urgent private affairs," if the Governor and Council are satisfied that the indulgence is indispensable. In cases of serious indisposition, the state of the officer's health must be certified by his medical attendant. In cases of "urgent private affairs," the nature of such urgent affairs must be stated to the Governor. 120. In the absence of special grounds the leave in such case must not exceed one-sixth of the Officer's * As to the mode of making such remittances through the Crown Agents, and the Forms to be used, see Circular Despatch of 21st April, 1877, and 7th April, 1880. resident service. On special grounds it may exceed that period by six months, but it must in neither case exceed twelve months. 121. The Governor may report to the Secretary of State the period for which the leave may be extended without injury to the public service, but must not recommend such extension. The Officer seeking an extension must apply at least one clear month before the time when he ought to start in order to reach the Colony before the end of his existing leave. 122. Governors are required by the Act 54 Geo. 3, cap. 61, to report to the Secretary of State for confirmation, each case in which leave of absence has been granted, under a penalty not exceeding in each case 1007.; they must also transmit a Certificate in the form inserted in the Appendix (pp. 356), and a similar Certificate in case the Governor should afterwards recommend an extension of leave. If the Officer is paid by fees, they must also report what arrangements are made respecting the disposal of those fees during the Officer's absence. 123. An Officer to whom leave of absence has been granted, is in general entitled to half salary during his absence from the Colony. Any private arrangement made with the object of securing to the absent Officer more than the authorised allowance is on no account to be allowed. No advance of salary will be granted to the absent Officer in order to enable him to return to the Colony. 124. Officers on leave may receive so much of their allowance for house rent as may not be wanted for the Acting Officers, the amount so allowed being reported to the Secretary of State; but they must receive no part of their allowance for horse hire. 125. Governors are to furnish every Officer proceeding on leave of absence with a duplicate of the despatch to the Secretary of State, reporting his leave, and a duplicate of the Certificate above mentioned; and an absent officer cannot receive his half salary in this country, nor any extension of his leave, unless he produces such Certificate. 126. The Regulations respecting the stoppage of half the salaries of Civil officers on obtaining leave of absence are to be applied, as far as practicable, to the case of Ministers of Religion in the Colonies, receiving salary from Colonial or Imperial Funds. Leave in these cases is to be granted by the Governor of the Colony on the recommendation of the Bishop or other superintending Authority (if any) of the Body to which the Minister may belong, and subject to the same rules as in the case of Civil Officers in regard to the confirmation and extension. 127. To whatever extent the authority of the Queen, or of Her Majesty's Officers may be competent to enforce it, the further rule must be observed, that no Minister of Religion must be permitted to absent himself from the Colony in which he serves, until adequate and satisfactory provision shall have been made for the performance of his clerical duties during his absence, unless the state of his health absolutely requires it. 128. The same rules extend to leave of absence granted to Judicial Functionaries of every Class. 129. In cases where salaries are fixed by law, the rule as to half salary can always be applied by the Governor's declining to grant he leave unless on condition of conforming to it. 130. On his arrival in this country the Officer on leave must report himself, either personally or by letter, to the Colonial Office, producing or transmitting the Governor's despatch, and mentioning the place of his residence, and he must notify any subsequent change of residence. Treasurers and auditors of colonies, whose accounts are subjected to Imperial audit, should also leave their address at the office of the Comptroller and Auditor-General. (Enclosure to circular despatch of the 30th November, 1880.) 131. Leave of absence will be extended by the Secretary of State, but not as a matter of course, nor unless the public convenience admits of it. 132. Except in very special cases, as of unbroken official residence in the same Colony for fifteen years. ro extensions will exceed six months at a time, nor will any officers on leave be allowed to receive half salary at any one time for more than the following periods: Heligoland and Mediterranean West Indies, Bermuda, Western Australia, British Columbia, Natal, West Coast of Africa, Mauritius, Ceylon Hong Kong, Straits Settle- 9 months 18 19 Nor for a period which, added to his previous absences on leave with half salary, would exceed by six months one-sixth of his resident service in the Colony. Absence without salary will not be counted against him in calculating his claim for further leave of absence nor for him with certain exceptions, in calculating his pension. 133. The foregoing regulations are not designed to prevent, or to regulate, any vacation for the purpose of relaxation from business, not exceeding, in the case of ordinary Civil Officers, three months in any two years. In the case of Judicial or Educational Officers, the vacation leave may extend to, but must not exceed, the ordinary vacations of the court to which they belong, or the institution in which they are employed; and they may, when absent on half-pay leave receive full pay during any ordinary vacation of such court or institution which may be included in the period of their leave of absence. In Colonies where there is no ordinary vacation of the court or no vacation exceeding one month at one time, Judicial Officers may have the leave allowed to ordinary Civil Officers. Vacation leave need not be reported to the Secretary of State unless the officer intends or is likely to visit England, in which case his departure must be reported as required when leave of absence is granted. There is no abatement of salary during vacation leave; but the leave must be recorded under the Governor's hand, and the officer absenting himself must, with the concurrence or sanction of the Governor, have made such arrangements as may be necessary for the adequate discharge of his duties without cost to the public. * In Ceylon, except in cases of unforeseen emergency, extension of leave will be refused when the Governor has notified that it cannot conveniently be granted; and in the case of application for extension on other grounds than that of ill health half salary will not be granted without a reference to the Colony.-Secretary of State's Despatch, 196, 18th Nov., 1867Note.-Special advantages as to leave of absence are granted to Officers on the West Coast of Africa. See Chapter XVIII of these Regulations. 134. In cases where an Officer is entitled to claim both vacation leave of six weeks or three months, and also leave on half-pay for a longer period, and comes home by permission of the Governor on vacation leave, he may apply for an additional leave of absence on half-pay, to be taken immediately on the expiration of the vacation leave, subject to the usual rules which regulate such absence, and on condition that before leaving the Colony the Officer has informed the Governor of his intention to apply for such extended leave, and that the Governor has reported to the Secretary of State his approval of such intention, and has furnished the usual certificate of leave of absence: or the Governor may give the officer leave of absence for a period not exceeding that allowed by Regulation 120, with an intimation that he will be entitled to full pay for the period for his vacation leave, and subsequently to half-pay. The 135. Officers applying for leave with the intention of retiring must only receive such term of leave as will allow time for coming to a decision in England respecting the application for retirement; and the Governor giving leave under such circumstances must report them to the Secretary of State. Officer's half-salary will in such case cease and his pension commence when his retirement is sanctioned. 136. If an Officer retires during his leave of absence without having originally given notice of his desire to do so, the period at which his half-salary is to cease must be determined according to the circumstances of the case.* § III. Passages. 137. The following is the scale of allowances to be granted from Imperial Funds to Governors, including in that term all Officers administering Colonial Governments, where appointed for the usual term of years, for their passages from this country:† 138. Governors will be granted the same amount of passage allowance on retiring or being removed from their Governments, but they must not draw for the amount without the previous sanction of the Secretary of State; if, however they come home on leave of absence, or are relieved at their own request, before the period at which a successor would, under ordinary circumstances, be appointed, they must provide their own passages. The return allowances of Governors, who may have left this country, before the 1st January, 1870, will be governed by the Regulations which were in force at the time of their leaving. 139. If a Governor is removed from oue Government to another, he will not be entitled to passage allowance from the Colony from which he retires to this country, and likewise from hence to the Colony to which he is about to proceed, unless the Secretary of State and the Treasury shall be satisfied that his return to this country was unavoidable, or in furtherance of the public interests; but the allowance to be granted to him will be calculated by the Secretary of State and the Treasury according to the probable expense of the direct passage from one Colony to the other, estimated on the same principle as the passage allowance from England. In the case of a public functionary (not a Governor) or other person resident in a Colony, who may be appointed to the Government of another Colony, the same principle will be followed by the Secretary of State and the Treasury as nearly as circumstances will admit. In the case of a Governor who may return to this country for other reasons than those above stated, he will be entitled to the single passage allowance from England to his new Colony, unless that allowance be greater than the sum which might have been allowed for a direct journey from the old Colony to the new one, in which case the smaller amount only will be allowed. 140. Cancelled by Circular of 3rd July, 1888. 141. Passage allowances will also be made from Imperial Funds to persons specially commissioned to proceed to any of the Colonies, and to Bishops receiving salaries from Imperial Funds, while on their Visitation Tours. When a Bishop's stipend ceases to be paid from Imperial Funds, his passage allowances will also cease. 142. No passage in Her Majesty's ships is to be given to Colonial Officers at the public expense except on the application of the Senior Officer of the Civil Department on the spot to the Senior Naval Officer present. The expense for the entertainment of passengers will not be paid by the public, unless the Secretary of State for the Colonies should consider that the passage was properly applied for, and that the expense should be so paid. Whenever a Governor has occasion to apply to the Senior Naval Officer for a passage in one of Her Majesty's Ships for himself, or for any Functionary under his Government, he must immediately report the case to the Secretary of State, informing him at the same time of the circumstances under which the application was made. 143. The passage expenses of a Governor-in-Chief visiting his subordinate Governments, will be defrayed from Imperial Funds; but not so his expenses while visiting different ports within his immediate Government. By Circular Despatch of August 1, 1871, Officers administering Governments in West Indies, other than Governorsin-Chief, are allowed leave of absence on full pay, for a period not exceeding three weeks at a time and thirty-one days in a year. A sum of 3001. is granted as passage allowance in all cases of the transfer of a Governor from an Australian Colony to New Zealand, or vice versa. 144. If a Governor is proceeding on a Tour of Inspection or Duty within the limits of his Government, such passages must be limited to himself, his Secretary, and their personal attendants, and not include other Officers, or members of his family. 145. When a Governor or other Officer is proceeding to another Colony to administer the Govern ment temporarily, or returning therefrom, he will be allowed, from Imperial Funds, such expense as the Secretary of State may deem to have been reasonably incurred for the removal of himself and his family. 146. Subject to Article 149, the expense for the entertainment on board of Her Majesty's Ships of a Governor, Bishop, or any other Public Officer so entertained, must be paid to the Paymaster of the Ship at the end of the voyage, and, if possible before leaving the Ship. 147. If such expense is to be charged on the Imperial or Colonial Treasury, it may be defrayed by a Bill drawn in the former case on the Paymaster-General, and in the latter case on the Colonial Government. Such Bills must be drawn at not less than ten days' sight, either by the Governor or with his written sanction In case the expense is to be borne on Imperial Funds, the Governor will report, by the first opportunity, his having given such sanction, and will direct the Public Officer to whom it may have been given to transmit an immediate and direct advice to the Secretary of State of his having drawn the Bill, and to forward at the same time the Governor's sanction for his having done so, and a Receipt from the Paymaster of the vessel for the amount so drawn. 148. The rates at which passages in Her Majesty's ships will be paid to the Captains or Commanding Officers at whose table passengers may be entertained, are as follows: I. For any Governor whose salary is not less than 3,000l. per annum, exclusive of allowances—and for Commanders-in-Chief of Forces, if Generals, Lieutenant-Generals, or Major Generals, 4. per diem for the seven days, and afterwards 21s. a day. II. For any other Governor and Lieutenant-Governor, 31. per diem for the first seven days and afterwards 21s. a day. III. For the persons composing the suite of Governors, &c., 218. a day for each male person above the age of 16; two-thirds of that sun for every female above 16; one-third for such of either sex as shall be between the ages of 7 and 16; and one-fourth for such as may be under 7 years of age, for every day they shall be entertained at the Captain's table. IV. For Colonial Bishops, and for individuals other than those above stated, entertained at the Captain's table, 218. a day for the first fourteen days, and 158. a day afterwards; and the proportions with respect to age and sex, as stated in the preceding paragraph. 149. When a Governor or other Public Officer is proceeding in a ship of war on a Tour of Inspection which requires him to disembark at various ports, the higher rate per diem will in general only be paid for the seven days' entertainment following his first embarkation. If there are special reasons for repeating this payment, it must form a subject of special representation to the Secretary of State before it is made. 149A. When a Governor, or other public officer, disembarks for the purpose of performing bond fide public service, and has not been able to give the Captain or Commanding Officer beforehand such information as to the days on which he would be absent from the ship as would prevent expense in preparing for his entertainment on those days, one-half of the rates of allowance above authorized will be payable in respect of such absence. 149B. For the purpose of computing the seven days referred to in Clause 149, each day in respect of which a charge for entertainment is made at half of the higher rate is to be counted as a full day. (See Circular, 21st June, 1880.) 150. Payment for entertainment in Her Majesty's ships is to be calculated according to the dates of the first and last dinner meals taken on board. 151. When Governors, Bishops,* or other Officers who may be entitled to conveyance at the expense of the Imperial Treasury, have to obtain passages in mail packets or private ships, it will be necessary that certified statements of the expenses and of the dates at which they were incurred should, without delay, be sent to the Colonial Office, supported by such vouchers as can be reasonably be procured. Evidence of the ordinary kind, as reference to a tariff (if any), or the certificate of two merchants, should, as a rule, be forwarded, that the rate of charge is usual or reasonable. The statements of other Officers than the Governor must bear his counter-signature of approval. The expenditure will be subject to review, and, if necessary, to disallowance, by the Secretary of State; and it will be desirable, though not indispensable, that his sanction should be obtained before Bills be drawn for the sums spent. Such Bills should be drawn on the Paymaster-General, at not less than ten days' sight aud an immediate and direct advice should, in each case, be sent to the Secretary of State. 152. Any question that may arise in connection with passage allowances, &c., and may not have been provided for in,the foregoing Regulations, will be separately considered and decided by the Secretary of State. 153. Whenever any person in this country shall be appointed to any Office, the salary and fees (if any) attached to which do not exceed 5001.† per annum, in a Colony not possessing a Representative Assembly, the Crown Agents for the Colonies will secure and pay for his passage to the Colony, also those of his wife and children, not exceeding four persons besides himself. The person so appointed will be required to execute an "Agreement" in the form inserted in the Appendix (page 357), See Circular 20th April, 1871. 154. No outfit is allowed on any occasion. CHAPTER VI. § I. Precedency, Victoria Cross, Foreign Orders, Salutes, and Flags. 155. The precedency of Colonial Officers is in some cases determined by Colonial enactments by *As to leave of Absence, Passages, and Pensions of Officers on West Coast of Africa, see Chapter XVIII. In Straits Settlements, Hong Kong, Labuan, and British Honduras the limit is not £500, or its equivalent, but $3,000, and in Ceylon and Mauritius. Rs. 7,500. Medical Officers appointed to British Guiana are not allowed passage for their wives or families, and their own passage allowance must not exceed £30. Royal Charters, by Instructions communicated either under the Royal Signet and Sign Manual through the Scretary of State, or by authoritative usage. In the absence of any such special authority. Governors are to guide themselves by the subjoined table. *156. Table of precedence of Colonial Officers. The Governor, Lieutenant-Governor, or Officer administering the Government. The Senior Officer in command of the Troops, if of the rank of a General, and the Officer in command of Her Majesty's Naval Forces on the Station, if of the rank of an Admiral, their own relative rank being determined by the Queen's Regulations on that subject. The Bishop. The Chief Justice. The Senior Officer in command of the Troops, if of the rank of Colonel or Lieutenant-Colonel, and the Officer in command of Her Majesty's Naval Forces on the Station, if of equivalent rank, their own relative rank being determined by the Queen's Regulations on that subject. The Members of the Executive Council. The President of the Legislative Council. The Puisne Judges. The Members of the House of Assembly. The Colonial Secretary (not being in the Executive Council). The Commissioners or Government Agents of Provinces or Districts. The Attorney-General. The Solicitor-General. The Senior Officer in command of the Troops, if below the rank of Colonel or Lieutenant-Colonel, and the Senior Naval Officer of corresponding rank. The Archdeacon. The Treasurer, Paymaster-General, or Collector of Internal Revenue. The Auditor-General or Inspector-General of Accounts. The Commissioner of Crown Lands. The Collector of Customs. The Comptroller of Customs. The Surveyor-General. Clerk of the Executive Council. Clerk of the Legislative Council. Clerk of the House of Assembly. Not being Members of 157. In Courts for the trial of Piracy, the Members are to take rank according to the order in which they are designated in Her Majesty's Commission; except in the case of the Naval Commander-in-Chief (where there is one), to whom, as a matter of courtesy, the chair on the right of the President of the Court is assigned. 158. Persons entitled to precedence in the United Kingdom or in Foreign Countries, are not entitled, as of a right, to the same precedence in the British Colonies; but in the absence of any special Instructions from the Queen, the precedence of such persons relatively to the above-mentioned Colonial Officers will be determined by the Governor, having regard to the social condition of the Colony under his Government. 159. The Queen's Warrants instituting "the Victoria Cross" and extending it to Local Forces in the Colonies, and the Queen's Regulations respecting Foreign Orders and Medals, are inserted in the Appendix (pages 357-9). The Regulations relating to Salutes are contained in the Chapter of "The Queen's Regulations and the Admiralty Instructions for the Government of Her Majesty's Naval Service" which is supplied to every Governor. (See Circular 16th January, 1873, as to the relative position of Naval and Military Officers when taking part in ceremonies on shore. See Circular 30th August, 1873, as to the position to be assigned to a Naval Officer when sitting as a Member of a Court of Enquiry into the circumstances attending the loss of a merchant ship. See Circular of 24th October, 1879, as to precedency of ex-Members of Executive Council who have been allowed to retain to the title of Honourable within the Colony.) A Colonial Governor absent from his Colony on leave, or otherwise than on a Special Mission expressly authorised by Her Majesty's Government, is not entitled to any salute, or to fly any flag, as these attributes are only allowable when he is actually representing the Sovereign. A Governor so absent should promptly decline all salutes or other official recognitions of a Royal character from any Foreign Ship or Troops; but he should avail himself of any offer made to him to be received on board, or to be conveyed by Her Majesty's ships or boats; though he cannot demand this attention. (Enclosed in Circular, 28th September, 1879.) (1.) Whenever a requisition is received by any Officer in command of one of Her Majesty's ships, for the embarkation or conveyance of a Governor, High Commissioner, Lieutenant-Governor, or Officer administering the Government of a Colony, the Senior Officer present may direct the special Flag of such official personage to be hoisted at the foretop-gallant masthead of the ship in which he is embarked; provided that he, after consultation with, and on requisition from that official, considers it for the benefit of the service about to be performed that such Flag should be hoisted, and provided that it is only hoisted or carried within the limits of his Government or High Commission in which he would be entitled to be saluted under Article 18, page 4, of the Queen's Regulations and Admiralty Instructions, 1879. (2.) If the Senior Officer considers it in any circumstances undesirable to hoist the Flag, he is to inform the Governor, High Commissioner, &c., of his reasons, and at once report the same to the Admiralty. * The table of precedence within the Dominion of Canada is given in Appendix 17. The Military and Naval Officers upon whom the command would devolve, in the absence of superior officers, will retain the precedence assigned to them by these Regulations, notwithstanding the presence of such superior officers. (Circular, 2nd August, 1884.) |