NATAL. LETTERS PATENT, DATED JULY 20, 1893, PASSED UNDER THE VICTORIA, by the Grace of God of the United Kingdom of Great Whereas by Our letters patent under the Great Seal of Our Recites charUnited Kingdom of Great Britain and Ireland bearing date the ter of Govfifteenth day of July 1856, We did erect the district of Natal ernment, into a separate colony, to be called the Colony of Natal: dated 15th July, 1856, mentary 1869, 22nd May, And whereas by the said letters patent and by certain other Recites suppleseveral letters patent under the said Great Seal bearing date charters, dated respectively the twenty-second day of December, 1869, the 22nd December twenty second day of May, 1872, and the twenty-seventh day of 1872, and 27th October, 1890, We did make provision for the government of Our said colony: October, 1890. And whereas an alteration in the constitution of Our said Recites colony has been effected by a law of the colony styled the Constitution Constitution Act of 1893* : Act. Now We do by these presents revoke Our said recited letters Revokes said patent, but without prejudice to anything lawfully done there- letters patent. under, 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 dissallowance 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: II. There shall be a governor and commander-in-chief in and Office of over Our Colony of Natal (herein-after called the colony), and governor appointments to the said office shall be made by commission constituted. under Our sign manual and signet. III. We do hereby authorise, empower, and command Our Governor's said governor and commander-in-chief (herein-after called the powers and governor) to do and execute all things that belong to his said authorities. *This Act, No. 19 of 1893, was assented to by Order in Council of June 26, 1893, printed in Statutory Rules and Orders 1896, p. 824. a 31849. 378.-5/04. Wt. E. & S. A Publication office, and to 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 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 colony. IV. Every person appointed to fill the office of governor shall, of governor's with all due solemnity, before entering on any of the duties of commission. 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 Qur 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 administer. Oaths to be taken by governor. ImperialAct, 31 & 32 Vict. c. 72. Public seal. Executive V. The governor shall keep and use the public seal of the colony for sealing all things whatsoever that shall pass the said public seal. VI. There shall be an executive council for the colony, and council: con- the said council shall consist of such persons as may at any stitution of. time be members thereof in accordance with any law of the colony and of such other persons as the governor shall, from time to time in Our name and on Our behalf, but subject to any law as afore said, appoint under the public seal of the colony to be members of Our said executive council. lands. Grant of pardon. VII. 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. VIII. 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. IX. When any crime has been committed within the colony, or for which the offender may be tried therein, the governor may, as he 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 Remission fit; and further may remit any fines, penalties, or forfeitures of fines. due or accrued to Us. Provided always that the governor shall in no case, except Political.. where the offence has been of a political nature unaccompanied offences. by any other grave crime, make it a condition of any pardon or Proviso. remission of sentence that the offender shall absent himself or be Banishment removed from the colony. from colony prohibited. from office. X. The governor may, so far as We Ourselves lawfully may, Suspension upon sufficient cause to him appearing, remove from his office, or or removal 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. XI. The governor may exercise all powers lawfully belonging Summoning, to Us in respect of the summoning, proroguing, or dissolving proroguing, any legislative body which now is or hereafter may be estab: any legis or dissolving lished within the colony, and in respect of the appointment of lative body. members thereto. Vany XII. In the event of the office of the governor becoming Succession to vacant, or of the governor being incapable, or of his departure government. from the colony, our lieutenant governor, or if there be no such Lieutenant officer in the colony, then such person or persons as We may governor. appoint under Our sign manual and signet, shall during Our Adminis pleasure administer the government of the colony, first taking trator: the oaths herein-before directed to be taken by the governor and in the manner herein prescribed; which being done, We do hereby authorise, 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 tenor of these Our letters patent and according to Our instructions as aforesaid and the laws of the colony. XIII. Whenever and so often as the governor shall be Powers of temporarily absent from the colony in pursuance of any instruc- governor reserved tions from Us through one of Our Principal Secretaries of State, whilst or in the execution of any letters patent or any commission absent as under Our sign manual and signet appointing him to be Our high comHigh Commissioner or Special Commissioner for any territories missioner or in South Africa with which it may be expedient that We should governor of have relations, or appointing him to be governor or to administer tories or the government of any colony, province, or territory adjacent or colony in contiguous to the colony, or shall be absent from the colony for South Aftica, or the purpose of visiting the governor of Our Colony of the Cape visiting the of Good Hope, or of visiting some neighbouring State, for a governor of any terri the Cape of Good Hope, or neighbouring States. Appointment of deputy to governor. Officers and others to be obedient, &c. Term "the governor " explained. Power reserved to Her Majesty 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. XIV. 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. XV. 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, administer the government of the colony. XVI. 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. XVII. And we do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, or amend present alter, and amend these Our letters patent as to Us or them shall to revoke, alter, letters patent. Proclamation of letters patent. seem meet. XVIII. 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 twentieth day of July, in the fifty-seventh year of Our reign. By warrant under the Queen's sign manual. Muir Mackenzie. These Letters Patent were proclaimed September 28, 1893. ! |