« PreviousContinue »
2. Where a rule-making authority certifies that on account of urgency or any special reason any rule should come into immediate operation, it shall be lawful for such authority to make any such rules to come into operation forthwith as provisional rules, but such provisional rules shall only continue in force until rules have been made in accordance with the foregoing provisions of this Act.
3.-(1.) All statutory rules made after the 31st day of December next after the passing of this Act shall forthwith after they are made be sent to the Queen's printer of Acts of Parliament, and shall, in accordance with regulations made by the Treasury with the concurrence of the Lord Chancellor and the Speaker of the House of Commons, be numbered, and (save as provided by the regulations) printed, and sold by him.
(2.) Any statutory rules may, without prejudice to any other mode of citation, be cited by the number so given as above mentioned and the calendar year.
(3.) Where any statutory rules are required by any Act to be published or notified in the London, Edinburgh, or Dublin “Gazette," a notice in the “Gazette” of the rules having been made and of the place where copies of them can be purchased shall be sufficient compliance with the said requirement.
(4.) Regulations under this section may provide for the different treatment of statutory rules wbich are of the nature of public Acts, and of those which are of the nature of local and personal or private Acts, and may determine the classes of cases in which the exercise of a statutory power by any rule-making authority constitutes or does not constitute the making of a statutory rule within the meaning of this section, and may provide for the exemption from this section of any such classes.
(5.) In the making of such regulations, each Government department concerned shall be consulted, and due regard had to the views of that department.
4. In this act
“Statutory rules" means rules, regulations, or bye-laws made under any Act of Parliament which
(a.) Relate to any Court in the United Kingdom, or to the procedure, practice, costs, or fees therein, or to any fees or matters applying generally throughout England, Scotland, or Ireland; or
(6.) Are made by Her Majesty in Council, the Judicial Committee, the Treasury, the Lord Chancellor of Great Britain, or the Lord Lieutenant or the Lord Chancellor of Ireland, or a Secretary of State, the Admiralty, the Board of Trade, the Local Government Board for England or Ireland, the Chief Secretary for Ireland, or any other Government department.
“Rule-making authority” includes every authority authorized to make any statutory rules.
5. This Act may be cited as “The Rules Publication Act, 1893."
BRITISH LETTERS PATENT, constituting the Office of
Governor and Commander-in-chief of the Colony of Natal.-
VICTORIA, by the grace of God of the United Kingdom of Great
Britain and Ireland, Queen, Defender of the Faith, Empress of India : to all to whom these presents shall come, greeting.
WHEREAS by our Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 15th day of July, 1856, we did erect the district of Natal into a separate Colony, to be called the Colony of Natal;
And whereas by the said Letters Patent and by certain other several Letters Patent under the said Great Seal bearing date respectively the 22nd day of December, 1869, the 22nd day of May, 1872, and the 27th day of October, 1890, we did make provision for the government of our said Colony;
And whereas an alteration in the Constitution of our said Colony has been effected by a Law of the Colony styled the Constitution Act of 1893 :
Now we do by these preseuts revoke our said recited Letters Patent, but without prejudice to anything lawfully done thereunders reserving nevertheless to ourselves, our heirs and successors, full power to disallow any law passed by the Legislature of our said Colony, and to signify such disallowance through one of our Principal Secretaries of State at any time within two years after an authentic copy of such law shall have been received by us or by one of our Principal Secretaries of State. And we do further hereby declare our will and pleasure as follows:
2. There shall be a Governor and Commander-in-chief in and over our Colony of Natal (hereinafter called the Colony), and appointments to the said office shall be made by Commission under our sign-manual and signet.
3. We do hereby authorize, empower, and command our said Governor and Commander-in-chief (hereinafter called the Governor) to do and execute all things that belong to his said office, and tə
* Notified in the “ London Gazette" of August 1, 1893.
exercise the powers and authorities vested in him by the said Constitution Act of 1893, or by any other Act adding to, amending, or substituted for the same, and by these our Letters Patent, or by any other our Letters Patent adding to, amending, or substituted for the same, and by such Commission as may be issued to him under our sign-manual and signet, and according to such instructions as may from time to time be given to him under our signmanual and signet or by our order in our Privy Council or by us through one of our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony.
4. Every person appointed to fill the office of Governor shall, with all due solemnity, before entering on any of the duties of his office, cause the Commission appointing him to be Governor to be read and published at the seat of Government, in the presence of the Chief Justice or some other Judge of the Supreme Court of the Colony and of the Members of the Executive Council thereof; which being done, he shall then and there take before them 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 the usual oath for the due execution of the office of Governor, and for the due and impartial administration of justice ; which oaths the said Chief Justice or Judge is hereby required to adıninister.
5. The Governor shall keep and use the Public Seal of the Colony for sealing all things whatsoever that shall pass the said Public Seal.
6. There shall be an Executive Council for the Colony, and the said Council shall consist of such persons as may at any time be members thereof in accordance with any law of the Colony, and of such other persons as the Governors shall, from time to time, in our name and on our behalf, but subject to any law as aforesaid, appoint under the Public Seal of the Colony to be members of our said Executive Council.
7. The Governor, in our name and on our behalf, may make and execute under the said Public Seal, grants and dispositions of lands within the Colony, subject to the laws in force for the time being for regulating the sale or disposal of Crown lands.
8. The Governor may constitute and appoint, in our name and on our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary officers and Ministers in the Colony, as may be lawfully constituted or appointed by us.
9. When any crime bas been committed within the Colony, or for which the offender may be tried therein, the Governor may, as be shall see occasion, in our name and on our behalf, grant a pardon
to any accomplice in such crime who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one ; and further, may grant to any offender convicted in any Court, or before any Judge or other Magistrate within the Colony, a pardon either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit; and further may remit any fines, penalties, or forfeitures due or accrued to us. Provided always that the Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other great crime, make it a condition of any pardon or remission of sentence that the offender sball absent himself or be removed from the Colony.
10. The Governor may, so far as we ourselves lawfully may, upon sufficient cause to him appearing, remove from his office, or suspend from the exercise of the same, any person holding any office or place within the Colony under or by virtue of any Commission or warrant or other instrument granted, or which may be granted by us or in our name or under our authority.
11. The Governor may exercise all powers lawfully belonging to us in respect of the summoning, proroguing, or dissolving any Legislative Body, which now is or hereafter may be established within the Colony, and in respect of the appointment of members thereto.
12. In the event of the office of the Governor becoming vacant, or of the Governor being incapable, or of his departure from the Colony, our Lieutenant-Governor, or if there be no such officer in the Colony, then such person or persons as we may appoint under our sign-manual and signet, shall, during our pleasure, administer the Government of the Colony, first taking the oaths herein before directed to be taken by the Governor and in the manner herein prescribed; which, being done, we do hereby authorize, empower, and command our Lieutenant-Governor, and every other such Administrator as aforesaid, to do and execute, during our pleasure, all things that belong to the office of Governor and Commander-in-chief, according to the tenour of these our Letters Patent and according to our instructions as aforesaid and the laws of the Colony.
13. Whenever and so often as the Governor shall be temporarily absent from the Colony in pursuance of any instructions from us through one of our Principal Secretaries of State, or in the execution of any Letters Patent or any Commission under our sign-manual and signet appointing bim to be our High Commissioner or Special Commissioner for any territories in South Africa with which it may be expedient that we should have relations, or appointing
him to be Governor or to administer the Government of any colony, province, or territory adjacent or contiguous to the Colony, or shall be absent from the Colony for the purpose of visiting the Governor of our Colony of the Cape of Good Hope, or of visiting some neighbouring State, for a period not exceeding one month, then and in every such case the Governor may continue to exercise all and every the powers vested in him by these our Letters Patent, or by any instructions from us, as fully as if he were residing within the Colony.
14. In the event of any such temporary absence of the Governor from the Colony, he may, by an instrument under the Public Seal of the Colony, constitute and appoint any person to be his Deputy during such temporary absence, and in that capacity to exercise, during his pleasure, all the powers and authorities vested in the Governor as aforesaid, or such of them as shall in and by such instrument be specified and limited. Provided, nevertheless, that by the appointment of a Deputy as aforesaid, the power and authority of the Governor shall not be abridged, altered, or in any way affected, otherwise than we may at any time hereafter think
proper to direct.
15. And we do hereby require and command all our officers and Ministers, civil and military, and all other the inhabitants of the Colony, to be obedient, aiding, and assisting unto the Governor or to such person or persons as may from time to time, under the provisions of these our Letters Patent, admiuister the Government of the Colony.
16. In the construction of these our Letters Patent, the term “ Governor," unless inconsistent with the context, shall include every person for the time being administering the Government of the Colony.
17. And we do hereby reserve to ourselves, our heirs and successors, full power and authority from time to time to revoke, alter, and amend these our Letters Patent as to us or them shall seem meet.
18. And we do direct and enjoin that these our Letters Patent shall be read and proclaimed at such place or places within the Colony as the Governor shall think fit.
In witness whereof we have caused these our letters to be made patent.
Witness ourself at Westminster, the 20th day of July, in the 57th year of our reign. By warrant under the Queen's sign-manual.