2. INSTRUCTIONS passed under the Royal Sign Manual
and Signet to the Governor of the State of Victoria and
its Dependencies, in the Commonwealth of Australia.

VICTORIA R.I.

October, 1900.

INSTRUCTIONS to Our Governor in and over Our State of Victoria Dated 29th and its Dependencies, in the Commonwealth of Australia, or to Our Lieutenant-Governor, or other Officer for the time being administering the Government of Our said State and its Dependencies.

Given at Our Court at St. James's, this Twenty-ninth day of October, 1900, in the Sixty-fourth year of Our Reign.

Patent con

Office of
Governor.

WHEREAS by certain Letters Patent bearing even date herewith, Preamble. We have constituted, ordered, and declared that there shall be a Recites Letters Governor in and over Our State of Victoria and its Dependencies, stituting the in the Commonwealth of Australia (which said State of Victoria and its Dependencies are therein and hereinafter called the State): And whereas we have therein authorized and commanded the Governor to do and execute all things that belong to his said Office, according to the tenor of Our said Letters Patent, and of 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 Sign Manual 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 State:

instructions of

And whereas We did issue certain Instructions under Our Sign Recites Manual and Signet to Our Governor and Commander-in-Chief in 9th July, 1892. and over Our Colony of Victoria and its Dependencies bearing date

the Ninth day of July, 1892:

said instructions

Now know you that We do hereby revoke the aforesaid Instruc- Revokes aforetions, and We do by these Our Instructions under Our Sign Manual and Signet direct and enjoin and declare Our will and pleasure as follows:

I. In these Our Instructions, unless inconsistent with the context, Interpretation. the term "the Governor" shall include every person for the time being administering the Government of the State, and the term "the Executive Council" shall mean the members of Our Executive Council for the State who are for the time being responsible advisers of the Governor.

administered.

II. The Governor may, whenever he thinks fit, require any Oaths to be person in the public service to take the Oath of Allegiance, together with such other Oath or Oaths as may from time to time be prescribed by any Law in force in the State. The Governor is to

Governor to communicate

administer such Oaths or cause them to be administered by some Public Officer of the State.

III. The Governor shall forthwith communicate these Our InInstructions to structions to the Executive Council, and likewise all such others, from time to time, as he shall find convenient for Our service to impart to them.

Executive

Council.

Governor to preside.

Governor to appoint a President.

Senior Member

to preside in

the absence of

the Governor and President. Seniority of Members. Quorum.

Governor to

take advice of Executive Council.

Description of Bills not to be assented to.

IV. The Governor shall attend and preside at the meetings of the Executive Council, unless prevented by some necessary or reasonable cause, and in his absence such member as may be appointed by him in that behalf, or in the absence of such member the senior member of the Executive Council actually present, shall preside; the seniority of the members of the said Council being regulated according to the order of their respective appointments as members thereof.

V. The Executive Council shall not proceed to the despatch of business unless duly summoned by authority of the Governor nor unless two members at the least (exclusive of the Governor or of the member presiding) be present and assisting throughout the whole of the meetings at which any such business shall be despatched.

VI. In the execution of the powers and authorities vested in him, the Governor shall be guided by the advice of the Executive Council, but if in any case he shall see sufficient cause to dissent from the opinion of the said Council, he may act in the exercise of his said powers and authorities in opposition to the opinion of the Council, reporting the matter to Us without delay, with the reasons for his so acting.

In any such case it shall be competent to any Member of the said Council to require that there be recorded upon the Minutes of the Council the grounds of any advice or opinion that he may give upon the question.

VII. The Governor shall not, except in the cases hereunder mentioned, assent in Our name to any Bill of any of the following classes:

1. Any Bill for the divorce of persons joined together in holy matrimony.

2. Any Bill whereby any grant of land or money or other donation or gratuity may be made to himself.

3. Any Bill affecting the currency of the State.

4. Any Bill the provisions of which shall appear inconsistent with obligations imposed upon Us by Treaty.

5. Any Bill of an extraordinary nature and importance, whereby Our prerogative or the rights and property of Our subjects not residing in the State, or the trade and shipping of the United Kingdom and its Dependencies, may be prejudiced.

6. Any Bill containing provisions to which Our assent has been

once refused, or which have been disallowed by Us;

Unless he shall have previously obtained Our Instructions upon Powers in such Bill through one of Our Principal Secretaries of State, or urgent cases. unless such Bill shall contain a clause suspending the operation of such Bill until the signification in the State of Our pleasure thereupon, or unless the Governor shall have satisfied himself that an urgent necessity exists requiring that such Bill be brought into immediate operation, in which case he is authorized to assent in Our name to such Bill, unless the same shall be repugnant to the law of England, or inconsistent with any obligations imposed upon Us by Treaty. But he is to transmit to Us by the earliest opportunity the Bill so assented to, together with his reasons for assenting thereto.

power of pardon.

VIII. The Governor shall not pardon or reprieve any offender Regulation of without first receiving in capital cases the advice of the Executive Council, 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 the State, the Governor 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.

IX. All Commissions granted by the Governor to any persons Judges, etc., to be appointed to be Judges, Justices of the Peace, or other officers shall, unless during otherwise provided by law, be granted during pleasure only.

pleasure.

absence.

X. The Governor shall not quit the State without having first Governor's obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of our Principal Secretaries of State, except Temporary leave of absence. for the purpose of visiting the Governor of any neighbouring State or the Governor-General, for periods not exceeding one month at any one time, nor exceeding in the aggregate one month for every year's service in the State.

absence and

XI. The temporary absence of the Governor for any period not Governor's exceeding one month shall not, if he have previously informed the departure from Executive Council, in writing, of his intended absence, and if he the State. Interpretation have duly appointed a Deputy in accordance with Our said Letters clause. Patent, be deemed a departure from the State within the meaning of the said Letters Patent.

V. R. I.

Dated 29th
October, 1900.

Sir J. Madden,

Lieutenant

Governor.

3. COMMISSION passed under the Royal Sign Manual and Signet, appointing Sir John Madden, K.C.M.G., Chief Justice of Victoria, to be Lieutenant-Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia.

:

VICTORIA R.

Victoria, by the Grace of God of the United Kingdom of Great
Britain and Ireland Queen, Defender of the Faith, Empress
of India To Our Trusty and Well-beloved Sir John Madden,
Knight Commander of Our Most Distinguished Order of
Saint Michael and Saint George, Chief Justice of the Supreme
Court of Victoria, Greeting.

Appointment of WE do, by this Our Commission under Our Sign Manual and Siguet, K.C.M.G., to be appoint you, the said Sir John Madden, to be during Our pleasure Our Lieutenant-Governor of Our State of Victoria and its Dependencies, in the Commonwealth of Australia, with all the powers, rights, privileges, and advantages to the said Office belonging or appertaining.

To administer Government during Governor's absence.

Recites Letters
Patent con-.

stituting Office

of Governor.

Powers and authorities,

Commission of 29th April, 1899, superseded.

Officers, etc., to take notice.

II. And further, in case of the death, incapacity, or removal of Our Governor of Our said State, or of his departure from Our said State, We do hereby authorize and require you to administer the Government thereof, with all and singular the powers and authorities contained in Our Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the Twenty-ninth day of October, 1900, constituting the Office of Governor in and over Our said State of Victoria and its Dependencies, in Our Commonwealth of Australia, or in any other Our Letters Patent adding to, amending, or substituted for the same, and according to such Instructions as Our said Governor for the time being may receive from Us, or through one of Our Principal Secretaries of State, and according to such Laws as are now or shall hereafter be in force in Our said State.

III. And We do hereby appoint that this Our present Commission shall supersede Our Commission under Our Sign Manual and Signet bearing date the Twenty-ninth day of April, 1899, appointing you the said Sir John Madden to be Lieutenant-Governor of Our Colony of Victoria and its Dependencies.

IV. And we do hereby command all and singular Our Officers, Ministers, and loving subjects in Our said State and its Dependencies, and all others whom it may concern, to take due notice hereof, and to give their ready obedience accordingly.

Given at Our Court at Saint James's, this Twenty-ninth day of October, 1900, in the Sixty-fourth year of Our Reign.

By Her Majesty's Command,

J. CHAMBERLAIN.

GENERAL INDEX.