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 mouths 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. 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 leare 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, for their passages from this country: Canada £400 600 Natal £450 300 700 700 500 800 800 800 800 400 50 800 300 In Ceylon, except in cases of unforeseen emergency, extension of leave will be refused when the Governor has notified ta it cannot conveniently be granted, and in the case of application for extension on other grounds than that of ill health hof salary will not be granted without a reference to the Colony-Secretary of State's Despatch, 196, 18th Nov., 1867. Note. Special advantages as to leave of absence are granted to Officers on the West Coast of Africa. See Chapter XVIII of these Regulations. 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 5007 is granted as passage allowance in all cases of the transfer of a Governor from an Australian Colony to New Zealand, or vice versa. 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 one 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. Whenever a Lieutenant-Governor is appointed to a Colony in which a Superior Governor is resident, and exercising all the functions of his Office, he will be entitled to receive a moiety of the Passage Allowance assigned by the Regulations to the Governor under whom he is about to serve. 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 frayed from Imperial Funds; but not so his expenses while visiting different ports within his immediate Government. 144. If a Governor is proceding 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 is proceeding to another Colony to administer the Government temporarily, or returning to his own Government, he will be allowed, from Imperial Funds, such expenses 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 Suip 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: 1. 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, 41. per diem for the seven days, and afterwards 218. a day. II. For any other Governor and Lieutenant-Governor, 37. per diem for the first seven days and afterwards 218. a day. III. For the persons composing the suite of Governors, &c., 21s. a day for each male person above the age of 16; two-thirds of that sum 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 15s. a day afterwards; and the proportions with respect to age and sex, as stated in the preceding paragraph. 149. When & 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. 1498. 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 and an immediate and direct advice should, in each ease, 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 500l. 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 340), 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 bỊ Royal Charters, by Instructions communicated either under the Royal Signet and Sign Manual through the Secretary 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. 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 As to leave of Absence, Passages, and Pensions of Officers on West Coast of Africa, see Chapter XVII. + Medical Officers appointed to British Guiana are not: llowed passage for their wives or families, and their own passage allowance must not exceed £30, and no passages are granted to the wives and families of European Officers proceeding to the West Coast of Africa. 1 The table of precedence within the Dominion of Canada is given in Appendix 18, p. 351. § 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.) (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 340-43). 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, cr 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 Conmission 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. (3.) In the event of a Governor. High Commissioner, &c., of a Colony being detached on a Foreign Mission in his official capacity as Governor or High Commissioner, special instructions will be issued in each case as to the Flag which should be carried by a man-of-war in which he may be embarked; in the absence of which the Senior Officer present is to exercise his discretion in consultation with the official proceeding on the mission. (See Circular, 19 April, 1880.) § II. Colonial Uniforms. 160. The Uniform which was formerly worn by certain Colonial Civil Officers has been discontinued and the Uniform of Her Majesty's Civil Service in this country has been substituted for it. But Officers who have already worn the old Uniform may, if they prefer it, continue to wear it, subject to the limitation contained in paragraph 164. 161. The Civil Uniform of the First Class will be worn by the Governors of Canada, Jamaica, New South Wales, Tasinania, South Australia, Victoria, Queensland, New Zealand, Ceylon, Hong Kong, Straits Settlements, Mauritius, Malta, the Cape of Good Hope, British Guiana, Trinidad, and the Governors-in-Chief of the Windward and Leeward Islands; and the Uniform of the Second Class will be worn by Governors of Colonies not comprised in the foregoing list, and by Lieutenant-Governors. 162. The Uniform of the Third Class will be worn by Officers administering the Government of any Colony, but not holding the rank of Lieutenant-Governor, and may be worn by Members of the Colonial Ministry in Colonies having Responsible Government, and by Official Members of the Court of Policy in British Guiana, and of Executive Councils or Councils of Government in other Colonies. 163. Subject to the sanction of Her Majesty, obtained through the Secretary of State, the Uniform of the Fourth Class may be worn by Heads of Principal Departments not having a seat in the Executive Council, or Council of Government, or in the Legislature; and the Uniform of the Fifth Class may be worn by Heads of Subordinate Departments and Chief Assistants in the Principal Departments; but permission to wear the Uniform of the Fourth or Fifth Class shall not be given to the holder of any office in regard to which the Queer shall not have sanctioned the use of such Uniform. Private Secretaries to Governors or Officers administering the Government of all Colonies may wear the Uniform the Fifth Class. (The following Circulars relate to Uniforms, viz., those of 15th February, 1859; 14th July, 1860; 16th July, 1864; 17th February, 1873; 5th August, 1873; 19th November, 1873; 22nd December, 1873; 31st March, 1880. 164. No person is entitled without the consent of the Queen to wear the Uniform attached to any Office after he has ceased to hold that office. Such consent can only be obtained on the recommendation of the Governor, made through the Secretary of State, and only in cases of long or meritorious service. No retired Officer will be allowed to wear any other Uniform than that which was attached to his Office during his tenure of it and which he has actually worn. CHAPTER VII. § I. Mode in which Governors and Officers administering Colonial Governments (with certain exceptions in the West Indies and West Africa) are to conduct their Official Correspondence. 165. Governors, or Officers administering Colonial Governments, must address the Secretary of State for the Colonial Department alone on all matters connected with their Government. 166. Every communication, therefore, to whatever Public Department in this Country it may more immediately relate, must in the first instance be addressed to the Secretary of State, with the exceptions hereafter mentioned; but in cases in which the Colonial Office is merely the channel of communicating with other Departments, the matter to be reported may be embodied in a memorandum addressed to the Department concerned, and forwarded to the Secretary of State in a covering despatch. 167. The Governor's Despatches should be written in a large and distinct hand, with dark ink, on folio paper of uniform size; and an inner margin of about one-third of the page should be left. 168. They are to be numbered in succession, commencing annually with a fresh series, without interruption from changes in Her Majesty's Government. 169. Each despatch should be confined as much as possible to a single subject. The paragraphs of each despatch should be numbered, and if it consists of two or more sheets the pages should be numbered. 170. When any Colonial or Imperial law, or any previous letters or despatches, are referred to, they must be described by their numbers and dates, either in the body of the despatch or in the margin. 171. Each despatch must be docketed. The docket should specify the date and place of which the despatch was written, the name of the writer, and of the Secretary of State to whom it is addressed, the subject of the despatch, and the number of its enclosures. 172. Its enclosures should be noted in the margin, and reference made, in the body of the despatel to such portions of them as may require particular attention. 173. The enclosures must be copied separately on folio paper, corresponding in size with the despatch. transmitting them, and must also be written in a large and distinct hand, with dark ink; the paragraphs o. each enclosure should be numbered. If an enclosure should be a copy of a despatch or letter, it should be preceded by a heading designating the person by whom, the person to whom, it is written and the date. If it be a copy of a petition or memorial, a similar descriptive heading should be prefixed 174. Should the enclosures be in any foreign language, translations of them, as well as copies, are to be forwarded. 175. The enclosures are also to be paged consecutively through the whole series; but each enclosure should be separately numbered, and docketed like the despatch, and the docket should specify that the document is an "Enelosure in despatch, No. of 176. If any printed documents are transmitted as enclosures, six copies of each should be sent. if they are easily to be procured. In case of newspapers or other printed documents, of which only a portion may require attention, the portion referred to should be cut out, and pasted on foolscap paper, with a note at the head of the date and title of the paper from which it is extracted, the five extra copies required being annexed in an appendix.* 177. Despatches forwarded to the Secretary of State should be accompanied by a schedule, and likewise with a statement of the numbers and dates of all despatches which the Governor may have received from the Secretary of State since the preceding occasion, in lieu of a separate acknowledg ment of each despatch. Duplicates of all important despatches, and of their princ.pal enclosures, should be transmitted to the Secretary of State from the Cape of Good Hope, aud all Colonies to the eastward thereof with which there is no telegraphic communication. 177A. With the view of facilitating the despatch of business, and of guarding against neglect or undue delay in the conduct of correspondence, the Governor of a Colony will send home by the first mail of every month. (1.) A schedule of despatches received from the Secretary of State which have been more than a month in his hands without an answer. (2.) A schedule of despatches sent by the Governor to the Secretary of State which appear to have remained unanswered for more than one month after having been received. It should be stated in each case whether any inconvenience is occurring, or likely to occur, by delay in answering. (Enclosure to Circular, 26 October, 1880.) 178. All addresses or petitions to the Queen, on parchment, must be accompanied by a transcript on official paper. Protests by Legislative or Executive Councillors should be unfailingly sent home, and if questions respecting legislative proceedings are referred to the Secretary of State, the reference must always be accompanied by extracts from those proceedings. 179. Every Legislative Act must be accompanied by a statement from the Law Officer of the Crown to the effect that, in his opinion, the Royal Assent may properly be given thereto, or ought not to be, and also by a report from the Governor, or from the Law Officer, giving all requisite explanation respecting the object of the Act, the motive in which it originated, and any legal or political question which it may involve. Such a report should be sent separately with any Act of unusual importance. Other Acts may be transmitted in batches as they receive the Governor's assent. 180. For the due preparation of Drafts of Acts, special rules are laid down in the Governor's Instructions. 181. Every Act must be enrolled in the Chief Court of Justice in the Colony. For the practice of engrossing and enrolling Acts in this country, see the Appendix (Page 343). 182. In the month of January each year, or as soon after as may be practicable, a complete collection should be published, for general information, of all Acts or Ordinances enrolled during the preceding year, and six copies of such collection of Acts, &c., shall be sent home. 183. Whenever it may be found necessary to address the Secretary of State in a more unreserved manner than a Public Despatch would admit with propriety or convenience to the public interest, such * See Circular, 12th March, 1884. ↑ CIRCULAR. DOWNING STREET, 8th March, 1870. STR-It is required by the 177th Clause of the Colonial Regulations that duplicates of all important Despatches, and of their principal Enclosures should be transmitted to the Secretary of State from the Cape of Good Hope, and all Colonies to the eastward thereof with which there is no Telegraphic communication. The great and increasing facilities of Postal and Telegraphic communication render it unnecessary that this rule should be maintained, except in cases when the loss of a Despatch would be of such very serious public importance as that no means of security against its non-arrival should he neglected. In these cases the duplicate should still be sent by the following mail. A duplicate of the Schedule of Despatches sent by each mail should be sent by the next opportunity. You will issue the instructions necessary to give effect to these alterations in the existing rule. I have the honour to be, Sir, Your most obedient humble Servant, The Oficer Administering the Government of GRANVILLE. |