CHAPTER I.

CLASSIFICATION OF COLONIES..

1. British Colonies may be divided into three classes:

1. Crown Colonies, in which the Crown has the entire control of legislation, while the administration is carried on by public officers under the control of the Home Government.

2. Colonies possessing Representative Institutions but not Responsible Government, in which the Crown has no more than a veto on legislation, but the Home Government retains the control of public officers.

3. Colonies possessing Representative Institutions and Responsible Government, in which the Crown has only a veto on legislation, and the Home Government has no control over any public officer except the Governor.

2. In Gibraltar, St. Helena, and Heligoland, Laws may be made by the Governor alone, and in other Crown Colonies by the Governor with the concurrence of a Council nominated by the Crown. In some Colonies, acquired by conquest or cession, the authority of this Council rests on the will of the Crown. In others, chiefly those acquired by Settlement, the Council is created by the Crown under authority of some Imperial or Local Law.

Crown Councils of the former Class exist in the following Colonies:

6. St. Lucia.
7. Fiji.

Crown Councils of the latter or Statutory Class exist in the following Colonies:

5. Gold Coast and Lagos.

*6. Grenada.

7. Falkland Islands.

*8. Honduras.
*9. St. Vincent.
*10. Tobago.

Laws may also be made by Order in Council in all the above Colonies, except those marked with an asterisk.

3. In Colonies possessing Representative Institutions without Responsible Government, the Crown cannot as a general rule legislate by Order in Council, and laws are made by the Governor with the concurrence of one or two Legislative bodies, of which one at least is wholly or for the most part Representative. In the following Colonies there are a Council and Assembly. The Conncil is nominated by the Crown, the Assembly elective: —

2. Barbados.

3. Bermuda.

1. Bahamas. In the following there is a single Legislative Chamber partly elective, partly nominated by the Crown:*1. British Guiana. *3. Malta. 5. Western Australia.

2. Leeward Islands.

4. Natal.

In British Guiana and Malta the Crown has reserved the right to legislate by Order in Council, and in Natal has reserved the right to revoke or alter the Constitution. The legislature of British Guiana is peculiar, it being differently composed for ordinary legislation and for financial business. 4. Under Responsible Government the Executive Councillors are appointed by the Governor alone with reference to the exigencies of Representative Government, the other Public Officers by the Governor on the advice of the Executive Council. In no appointments is the concurrence of the Home Government requisite.

The control of all public departments is thus practically placed in the hands of persons commanding the confidence of a representative Legislature. Hence such of the following regulations as relate to subordinate public officers have comparatively little application, except by way of example, to Colonies in which Responsible Government exists, which are the following:New South Wales. **Victoria. Queensland.

Canada.

**Cape of Good Hope.

Newfoundland.

The following provinces are subject

**Tasmania.
**South Australia.
New Zealand.

to the authority of the general Legislature of the Dominion, Colony or Group, to which they belong, but possess a provincial Legislature of their own.

+ The Constitution of the Council of Jamaica was altered by Order in Council, 19th May, 1884. (See Part II.) The Constitution of Mauritius was altered by Letters Patent dated 16th September, 1885. (See Part II.)

Province.

16. Seychelles

17. Anguilla...

Legislature.

Nominated Council
Composite Council.

Colony to which Province is subordinate.

Mauritius.

S. Kitts and Leeward Islands In Colonies or Provinces marked with two asterisks, the Council or Upper Chamber is clective

In the rest it is nominated by the Crown.

CHAPTER II.

THE GOVERNOR.

§ I. The different Classes of Governors, &c., the duration of their Office, &c.

5. The Officer appointed by the Crown to administer the Government of a Colony is usually styled Governor, or Governor and Commander-in-Chief, or Captain-General. The titles of Governor-in-Chief and Governor-General have been at different times given to Governors whose commissions have comprised several distinct Colonies.

6. A Governor-in-Chief administers the Government of every Colony comprised within his Command whenever he is present therein; but the administration of a Colony during his absence is intrusted to an officer appointed by the Crown, with the title of Lieutenant-Governor; or (in some cases) Administrator of the Government, or President of the Council.

The following are Governments in Chief:

1. The Dominion of Canada, which includes the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, N.-W. Territories, British Columbia, Vancouver's Island, and Prince Edward Island.

7. Of these Officers, Governors are appointed under the Sign Manual and Signet. Every such person is appointed during Her Majesty's pleasure, but his tenure of office is as a rule confined to a period of six years from the assumption of his duties. If, through death, absence, or otherwise, he should become incapable of acting, the Government devolves on such Officer or person as may have been designated for that purpose in the Charter of Government or in the Letters Patent constituting the office of Governor.

8. By the Act 26 & 27 Vict. c. 76, it is enacted, that Letters Patent shall not take effect in any Colony until published there, and that appointments by Letters Patent shall become void unless so published within a specified period.

9. By the Act 1 Will. IV. c. 4, it is enacted, that all Patents, Commissions, or other Authorities for the exercise of offices in the Colonies held during pleasure, shall continue in force until the expiration of eighteen months from the demise of the Crown.

§ II. Authority of the Governor in relation to Her Majesty's Troops.

10. The Governor of a Colony, though bearing the title of Captain-General or Commander-in-Chief is not, without special appointment from Her Majesty, invested with the Command of Her Majesty's Regular Forces in the Colony. He is not therefore entitled to receive the Allowances annexed to that Command, or to take the immediate direction of any Military Operations, or except in case of urgent necessity, to communicate officially with subordinate Military Officers, without the concurrence of the Officer in Command of the Forces. Any such exceptional communication must be immediately notified to that Officer.

11. Except in the case of invasion or assault by a Foreign Enemy, it is the duty of the Governor to determine the objects with which and the extent to which Her Majesty's Troops are to be employed. He will therefore issue to the Officer in Command of the Forces directions respecting their distribution and their employment on Escort and other duties required for the safety and welfare of the Colony. In all these matters, however, the Governor will consult as far as possible with the Officer in Commaud, and will incur special responsibility, if he shall direct the Troops to be stationed or employed in a manner which that Officer shall consider open to Military objection.

12. The Governor, as the Queen's Representative, will give the "word" in all places within his Government.

13. On the other hand, the Officer in Command of the Forces will determine all Military details respecting the Distribution and Movement of the Troops and the composition of the different detachments, taking care that they are in conformity with the general directions issued to him by the Governor. 14. The Officer in Command of Her Majesty's Land Forces is alone charged with the superintendence of all details connected with the Military Department in a Colony, the Regimental duty and discipline of the Troops, inspections, and summoning and holding courts-martial, garrison or regimental, and the granting leave of absence to subordinate Military Officers.

15. He carries into execution, on his own authority, the Sentences of Courts-martial, excepting Sentences of Death, which must first be approved, on behalf of the Queen, by the Officer administering he Civil Governmer t.

* By Letters Patent dated the 2nd of October, 1884, British Honduras was constituted a separate colony, with a Governor and Commander-in-Chief.

+ By Her Majesty's Charter of the 24th of July, 1874, the Gold Coast and Lagos were separated from the West Africa Settlements, and formed a separate Colony, under the style of the Gold Coast Colony. By Charter dated 14th Jan., 1886, Lagos has been constituted a separate Government.-Ed. C. O. List.

By Her Majesty's Charter of 17th March, 1885, Barbados was constituted a separate Government.

.

16. He makes the Officer administering the Civil Government Returns of the state and condition of the Troops of the Military departments, of the Stores, Magazines and Fortifications within the Colony and furnishes duplicates of all such Returns of this nature as he may be required or may see occas on to send to the Military Authorities at home, or to any Officer under whose general Command he is placed 17. On the receipt of the annual Mutiny Act, the Officer in Command of Her Majesty's Land Forces communicates to the Civil Authority the "General Orders" in which it may be promulgated.

18. And in the event of the Colony being invaded or assailed by a Foreign Enemy, and becoming the scene of active Military Operations, the Officer in Command of Her Majesty's Land Forces assumes the entire Military Authority over the Troops.

19. The above Regulations will hold good, though the Governor may be a Military Officer senior in rank to the Officer in Command of the Forces.

20. If several Colonies are comprised in one Military Command, the Officer in Command of the whole may transfer Troops from one Colony to another on an application from the Governor of the Colony to which the Troops are sent, transmitted to him ither through the Governor of the Colony in which he is serving, or through the Officer commanding the Forces in the Colony for which Troops are required. But the Officer in command must in all cases consult with the Governor of the Colony from which the Troops are sent, and will incur a special responsibility if he sends them away without that Governor's consent. 21. Except in the case of the North American Colonies, Colonies comprised under one Government in Chief are to be treated, for Military purposes, as a single Colony. Natal, for the same purpose, will be considered part of the Government of the Cape of Good Hope.

§ III. General Powers of an Officer appointed to conduct a Colonial Government.

22. The powers of every Officer, administering a Colonial Government, are conferred, and his duties for the most part defined in Her Majesty's Commission and the Instructions with which he is furnished. The following is a general outline of the nature of the powers with which he is invested, subject to the special law of each Colony :

23. He is empowered to grant a pardon or respite to any criminal convicted in the Colonial Courts of justice. 24. He may pardon persons imprisoned in Colonial Gaols under sentence of a Court-martial; but this is not to be done without consulting the Officer in command of the Forces.

25. He has in general the power of remitting any fines, penalties, or forfeitures, which may accrue to the Queen, but if the fine exceeds 501., he is in some Colonies only at liberty to suspend the payment of it until Her Majesty's pleasure can be known.

26. The Moneys to be expended for the Public Service are issued under his Warrant, as the law may in each particular case direct.

27. The Governor of a Colony has usually the power of granting licenses for marriages, letters of administration, and probate of wills, unless other provision be made by Charter of Justice or local law. He has also, in many cases, the presentation to benefices of the Church of England in the Colony, subject to rules hereinafter laid down. (See Ch. 4, sec. 1, par. 81.)

28. He has the power, in the Queen's name, of issuing writs for the election of Representative Assemblies and Councils, of convoking and proroguing Legislative Bodies, and of dissolving those which are liable to dissolution.

29. He confers appointments to Offices within the Colony, either absolute, where warranted by local laws, or temporary and provisional, until a reference has been made to Her Majesty's Government.

30. In Colonies possessing responsible Government, he has, with his Council, the entire power of suspending or dismissing public servants who hold during pleasure. In other Colonies he has the power of suspending them from the exercise of their functions under certain regulations, which must be strictly observed, and a limited power of dismissal.

31. He is empowered to administer the appointed oaths to all persons, in Office or not, whenever he may think fit, and particularly the oath of Allegiance provided by 21 and 22 Vict. c. 48, s. 1.

32. He has the power of granting or withholding his assent to any Bills which may be passed by the Legislative bodies.

33. But he is required, in various cases, by his Instructions, to reserve such Bills for the Royal Assent, or to assent to them only with a clause suspending their operation until they are confirmed by the Crown. These cases are not defined alike in all Instructions; but they comprise, generally speaking, matters touching the Currency, the Army and Navy, Differential Duties, the effect of Foreign Treaties, and any enactments of an unusual nature touching the Prerogative or the rights of Her Majesty's Subjects not resident in the Colony.

34. If anything should happen which may be for the advantage or security of the Colony, and is not. provided for in the Governor's Commission and Instructions, he may take order for the present therein. 35. He is not to declare or make war against any foreign State, or against the subjects of any foreign State. Aggression he must at all times repel to the best of his ability; and he is to use his best cnde avours for the suppression of piracy.

36. His attention is at all times to be directed to the state of discipline and equipment of Militia and Volunteers in the Colony, and when either Force may be embodied, he should send home monthly Returns, with a particular account of their arms and accoutrements.

37. Periodical Reports on this subject, which may not call for immediate attention, may be included in the annual "Blue Book " hereinafter noticed.

38 He is on no account to absent himself from the Colony without Her Majesty's permission.

39. He is prohibited from receiving Presents, pecuniary or valuable, from the Inhabitants of the Colony, or any class of them, during the Continuance of his office, and from giving such Presents; and this Rule is to be equally observed on leaving his office.

40. In cases where money has been subscribed, with a view of marking public approbation of the Governor's conduct, it may be dedicated to objects of general utility and connected with the name of the person who has merited such a proof of the general esteem.

41. Governors are not, without special permission, to forward any articles for presentation to Her Majesty

U

CHAPTER III.

§ I. Legislative Councils and Assemblies

42. Legislative Councils nominated by the Crown consist, generally speaking, in part of the principal Executive Officers of the Colony, and in part of private persons appointed by name; the former being usually termed Official, and the latter, Unofficial Members. The proportions are prescribed by the respective charters or Commissions or Instructions to Governors.

43. The precedency of the Members of Council between themselves is regulated by the Royal Instructions. In some cases, that precedency depends on seniority of appointment alone, but in othe cases that rule is qualified by assigning to the Official Members of Council precedence over the Unofficial Members.

44. When a vacancy occurs by the demise, resignation, &c., of a Legislative Councillor appointed by name, the Governor may in general appoint provisionally to such vacancy until Her Majesty's Pleasure inay be known.

45. The general rule is, that no Member of Council may, on pain of vacating his seat, absent himself for more than six months except by leave of the Governor, whose power is limited to granting a leave of absence in some cases of twelve, and in others of eighteen months. Any more protracted leave of absence must be granted by the Crown.

46. In the Colonies not having Representative Assemblies, the initiation of all laws belongs in general to the Governor.

47. In Colonies having such Assemblies it is in many cases provided by Local or Statute law that the initiation of all measures for the appropriation of public money shall belong to the Governor.

48. In every Colony the Governor has authority either to give or to withhold his assent to laws passed by the other branches or members of the Legislature, and until that assent is given no such law is valid or binding.

49. Laws are in some cases passed with suspending clauses; that is, although assented to by the Governor they do not come into operation or take effect in the Colony until they shall have been specially confirmed by Her Majesty, and in other cases Parliament has for the same purpose empowered the Governor to reserve Laws for the Crown's assent, instead of himself assenting or refusing his assent to them. 50. Every Law which has received the Governor's assent (unless it contains a suspending clause) comes into operation immediately or at the time specified in the Law itself. But the Crown retains power to disallow the Law; and if such power be exercised at any time afterwards, the Law ceases to have operation from the date at which such disallowance is published in the Colony.

51. În Colonies having Representative Assemblies the disallowance of any Law, or the Crown's assent to a reserved Bill, is signified by Order in Council. The confirmation of an Act passed with a suspending clause, is not signified by Ŏrder in Council unless this mode of confirmation is required by the terms of the suspending clause itself, or by some special provision in the constitution of the colony. 52. In Crown Colonies the allowance or disallowance of any Law is generally signified by despatch. 53. In some cases a period is limited, after the expiration of which Local Enactments, though not actually disallowed, cease to have the authority of law in the Colony, unless before the lapse of that time Her Majesty's confirmation of them shall have been signified there; but the general rule is otherwise. 54. In Colonies possessing Representative Assemblies, Laws purport to be made by the Queen or by the Governor on Her Majesty's behalf or sometimes by the Governor alone, omitting any express reference to Her Majesty, with the advice and consent of the Council and Assembly. They are almost invariably designated as Acts. In Colonies not having such Assemblies, Laws are designated as Ordinances, and purport to be made by the Governor with the advice and consent of the Legislative Council (or in British Guiana of the Court of Policy).

55. In West Indian Islands or African Settlements which form part of any general Government, every Bill or Draft Ordinance must be submitted to the Governor-in-Chief before it receives the assent of the Lieutenant-Governor or Administrator. If the Governor-in-Chief shall consider any amendment indispensable, he may either require that amendment to be made before the law is brought into operation, or he may authorize the Officer administering to assent to the Bill or Draft on the express engagement of the Legislature to give effect to the Governor-in-Chief's recommendation by a supples mentary Enactment.

§ II. The Executive Council.

56. The Executive Council (whether separate or not from the Legislative) has the general duty of assisting the Governor by its advice. In some cases, by local Enactment, he can only act with this advice; but, generally speaking, he is not absolutely precluded from acting without it if the public interest requires him to do so. But in this case he must conform to certain special Rules laid down in bis Instructions; which likewise prescribe the course to be taken by Councillors in recording their opinion in opposition to the Governor's.

57. In Colonies possessing what is called Responsible Government the Governor is empowered by his Instructions to appoint and remove Members of the Executive Council, it being understood that Councillors who have lost the confidence of the local Legislature will tender their resignation to the Governor or discontinue the practical exercise of their functions in analogy with the usage prevailing in the United Kingdom.

58. In other Colonies the Executive Council when separate from the Legislative Council commonly consists of certain principal officers of the Local Government with or without an admixture of Unofficial Members.

59. These Councillors are appointed by the Governor's Instructions or by Warrant from the Crown, the Governor having in some cases the power of making provisional appointments, subject to the Crown's confirmation.

60. They may be dismissed by the Crown alore, but may be suspended by the Governor, followirg, as far as the nature of the case will allow, his General Instructions as to the suspension of Public Officers.