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DRAFT OF INSTRUCTIONS.
Passed under the Royal Sign-Manual and Signet to the Governor
General of the Dominion of C'anada.
Dated 5th October, 1878.
Instructions to Our Governor-General in and over Our Dominion of
Canada, or, in his absence, to Our Lieutenant-Governor or the Officer for the time being administering the Government of Our said Dominion.
Given at our Court at Balmoral, this Fifth day of October, 1878, in the Forty-second year 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 (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 command, 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-Janual and Signet, and according to such instructions as may from time to time be given to him, under Our Sign-Manual and Signet, or by Order in Our Privy Council, or by U's through One of Our Principal Secretaries of State, 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 that Our said Governor-General for the time being shall, with all due solemnity, cause Our Commission, under Our Sign-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 :
And We do further declare Our pleasure to be that Our said Governor-General, and every other Officer appointed to administer the Government of Our said Dominion, shall take the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirty-second years of Our Reign, intituled : “An Act to Amend the Law relating to Promissory Oaths ;” and likewise that he or they shall take the usual Oath for the due execution of the Office of Our Governor-General 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 persons or person 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.
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 the Parliament of Our said Dominion, which he is to require from the clerks, or other proper officers in that behalf, of the said Parliament.
V. And We do further authorize and empower Our said GovernorGeneral, as he shall see occasion, in Our name and on Our behalf, when any crime has been committed for which the offender may be tried within Our said Dominion, to grant a pardon to any accomplice not being the actnal perpetrator of such crime, who shall give such information as shall lead to the conviction of the principal offender; and further, to grant to any offender convicted of any crime 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 l's. Provided always, that Our said Governor-General shall not in any case. except where the offence has been of a political nature, make it a con dition of any pardon or remission of sentence that the offender shall be banished from or shall absent himself from Our said Dominion, 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 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 the Government of Our said Dominion, Our said GovernorGeneral 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 one of Our Principal Secretaries of State.
TABLE OF IMPERIAL STATUTES.
With Memorandum of Cases in which their operation in the Colonies has been in question:
Magna Charta: Enforced in NOVA SCOTIA (Meisner v. Fanning, 2 Thomp. 97; The Dart, Stewart). Printed with R. S. British Columbia (1897) p. xvii.
Hen. III. (Charters of): Enforced in NOVA SCOTIA (Meisner v. Fanning, 2 Thomp. 97), 42.
13 Ed. I. c. 18 (Elegit): In force in NOVA SCOTIA (Caldwell v. Kinsman, James, 398).
18 Ed. I. (st. 1) c. 1 (quia emptores): Printed in R. S. B. C. (1897) p. xliii.
27 Ed. III., c. 17 (Stat. of Staples): Enforced in NOVA SCOTIA (The Dart, Stewart).
28 Ed. III., c. 13 (Aliens): Not in force in NOVA SCOTIA (Reg. v. Burdell, 1 Old. 126; ante, p. 43).
1 Richard II., c. 12 (escape): In force in NOVA SCOTIA; not in force in NEW BRUNSWICK (Wilson v. Jones, 1 Allen 658; and see James v. McLean, 3 Allen 164, and Dce d. Allen v. Murray, 2 Kerr 359).
2 Hen. IV., c. 7 (nonsuit): In force in NOVA SCOTIA (Grant v. Protection Ins. Co., 1 Thomp. 12, 2nd ed.).
8 Hen. VI., c. 29 (aliens): Not in force in NOVA SCOTIA (Reg. v. Burdell, 1 Old. 126; ante, p. 43).
7 Hen. VIII., c. 4 (damages, replevin): In force in NOVA SCOTIA, (Freeman v. Harrington, 1 Old. 358).
8 Hen. VIII., c. 16 (forfeiture): In force in NOVA SCOTIA (ante, pp. 42-3).
18 Hen. VIII., c. 16 (forfeiture): In force in NOVA SCOTIA (ante, pp. 42-3).
25 Hen. VIII., c. 22 (marriage): In force in ONTARIO (Hodgins v. McNeil, 9 Grant, 309).
27 Hen. VIII., c. 10 (uses): In force in NOVA SCOTIA (Shey v. Chisholm, James, 52); in NEW BRUNSWICK (Doe d. Hanington v. McFadden, Berton, 153); in ONTARIO (see Digests); printed in R. S. B. C. (1897) p. xlv.
27 Hen. VIII., c. 10 (enrolment): Not in force in NOVA SCOTIA (Berry v. Berry, 4 R. & G. 66); in force in NEW BRunsWICK (Doe d. Hanington v. McFadden, Berton, 153).
28 Hen. VIII., c. 7 (marriage): In force in ONTARIO (Hodgins v.
McNeil, 9 Grant 309). 28 Hen. VIII., c. 16 (marriage): In force in ONTARIO (Hodgins
v. McNeil, 9 Grant, 309). 31 Hen. VIII., c. 1 (partition): In force in Nova SCOTIA (Doane v.
McKenny, James, 328; ante, p. 44). 32 Hen. VIII., c. 32 (partition): In force in Nova SCOTIA (Doane
v. McKenny, James, 328; ante, p. 44). 32 Hen. VIII., c. 9 (pretended titles): In force in Nova SCOTIA
(ante, p. 45); (Beasley v. Cahill. 2 U. C. Q. B. 320). 32 Hen. VIII., c. 34 (leases) : printed in R. S. B. C. (1897) p. li. 32 Hen. VIII., c. 38 (marriage): In force in ONTARIO (Hodgins v.
McNeil, 9 Grant 309). 32 Hen. VIII., c. 39 (relief to Crown debtors) : In force in New
BRUNSWICK (Reg. v. Appleby, Bert. 397). 33 Hen. VIII., c. 39 (lien for Crown debts): Not in force in NOVA
SCOTIA (Uniacke v. Dickson, James, 287) ; in force in New
BRUNSWICK (Rex v. McLaughlin, Steven's Dig. N. B.). Ō & 6 Ed. VI., c. 16 (sale of offices) : In force in ONTARIO (Reg. v.
Mercer, 17 U. C. Q. B. 602; and see Foote v. Bullock, 4 U.
C. Q. B. 480; Reg. v. Moodie, 20 U. C. Q. B. 389). 1 & 2 Philip & Mary, c. 13 (habeas corpus) : Printed in R. S. B.
C. (1897) p. xxxvi. 5 Eliz., c. 4 (apprentices) : Not in force in ONTARIO (Fish v. Doyle,
Drap. 328; Dillingham v. Wilson, 6 U. C. Q. B. (O. S.) 85 :
Shea v. Choat, 2 U. C. Q. B. 211). 13 Eliz., c. 4 (lien for Crown debts): Not in force in Nova SCOTIA
(Uniacke v. Dickson, James, 287). 13 Eliz., c. 5 (fraudulent conveyances): in force in Nova SCOTIA
(ante, pp. 44-5). 18 Eliz., c. 5 (Qui tam actions) : In force in ONTARIO (Garrett v.
Roberts, 10 Ont. App. 650). 29 Eliz. c. 4 (sheriff's costs): Not in force in NEW BRUNSWICK
(Kavanagh v. Phelon, 1 Kerr, 472). 43 Eliz. c. 6 (costs) : In force in New BRUNSWICK (Kelly v. Jones,
2 Allen 473). 21 Jac. 1, c. 14 (forfeiture) : In force in Nova Scotia (Smyth v.
McDonald, 1 Old. 274). 1 Car. 1, c. 1 (Lord's Day): See R. S. B. C. (1897) c. 177. 3 Car. 1, c. 1 (Lord's Day): See R. S. B. C. (1897) c. 177. 16 Car. 1, c. 10 (Star Chamber): Not in force in ONTARIO (Stark
v. Ford, 11 U. C. Q. B. 363). 13 Car. II., c. 2 (costs): In force in New BRUNSWICK (Gilbert v.
Sayre, 2 Allen 512). 29 Car. II., c. 3 (Statute of Frauds ) : Printed as c. 85 of R. S. B. C.