IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I »- IIIIIM IIIII2.5 1^ IIIIIM 12.2 2.0 1.8 1.25 1.4 1.6 -• 6" — ► ^1 o A M / 7 Photographic Sciences Corporation \ s V ^ \ \ ^9) V 6^ %' 23 WEST MAIN STREET WEBSTER, N./. 14S80 (714 ) C77-4503 W^ >" c. . ^ ^ l^n^^ tn^^i-^ OatliB to be taken by the Governor. aforesaid, Declare Our Pleasure to be that you shall with all due solenuiity cause Our said Com- n'.ission to he Read and Fuhlislu'd hi th e presence of the Members of Our Executive Council of Our said Colony, and that you shall then and there take the Oath of Allegiance in the Foiui provided by an Act passed in the Session holden in the Thirty-first and Thirty-second Years of Our llei}i;n, intituled "An Act to amend the Law relating to Promissory Oaths;" and likewise that you do take the usual Oath for the due execution of the Oflice and Trust of Our Governor and Conunander-iu-riiief in and \ over Otir said Colony and its Dependencies, and for the due and impartial Administration of Justice, which said Oaths the Senior Member of Our said Council there present shall, and he is hereby required to Tender and Administer unto you. II. And We do hereby Authorize and Require you from time to time, and at any time hereafter, by yourself or by any other Person to be Authorized by you in that behalf, to Administer to all and every Persons or Person as you shall think fit, who shall hold any office or place of trust or profit, or who shall at any time or times pass into our said Colony and its Dependencies, or be resident therein, the said Oath of Allegiance, as well as such other Oaths as may from time to time he prescribed by any Laws or Statutes in that behalf made or provided. III. And whereas We have by Our said recited Commission Declared Our Pleasure to be that for the purpose of Advisiny Us imder Our Sign-Manual and Signet : Now We do by these Our Instructions, Nominate and Appoint the undermentioned Public Officers to be during Our Pleasure the Members of Our said Executive Council, that is to say, the ,— respective Officers lawfully acting for the time being y^ f^_i^ )H*p^\;i^M' J^ h.Si. 't,L^ u^i^'^j as the Colonial Secretary, as the Attorney-General, f, r , as I'olice Magistrate ot New Westmmster, as the Chief Commissioner of Lands and Works, and as the Collector of Customs for Our said Colony: and the Oaths to be Administered by Governor to Officers and others. Constitution of Executive Council. I^^^^i ( Appointment of Ubofficisl Mem- bers. ^ ^ Governor to communicate Initruc- tions to Executive Council. Mfy:^'^! Executive Council not to proceed to Business unless Sommoned. ■"^e^ Precedence and Seniority of Our said Executive Councillors siiall anionj^ themselves be in the order in which they are herein named. IV. And We do hereby further Authorize and Empower you Irom time to time, as it may seem to you expedient, to Nominate and Ajjpoint by Instru- ments to be passed under the Public Seal of Our paid Colony any Person or Persons being Members of the Legislative Coiuicil of Our laid Colony to be Unofficial Members of Our said Executive Council ; and such Unofficial Members shall take Rank after the Official Members of the said Executive Council, and as between themselves according to the Order of their Appointment as Members of the said Executive Council, or if Appointed by the same Instrument according to the Order in which they are named therein : Provided always, and We do Declare Our Pleasure to be that the Number of such Unofficial Members of Our said Executive Council shall never exceed the Number of Two, and that every such Appointment shall be Provisional only until the same shall have been approved of by Us through One of Our Principal Secretaries of State, and that when any such Unofficial Member of Our said Executive Council shall from any cause whatsoever cease to be a Member of the said Legislative Council, he shall thereupon cease to be an Unofficial Mcmi)cr of Our said Executive Council. V. And We do Direct and Appoint that you do communicate forthwith to Our said Executive Council tliese Our Instructions, and likewise all such others, from time to time, in the execution of which their consent and concurrence are recjuisite, or which you shall find convenient for Our Service to be imparted to them. VI. And We do further Direct and Appoint that Our said Executive Council shall not proceed to the despatch of Business unless duly Summoned by your Authority, nor unless Two Members at the least, exclusive of vourself,^ori n your Absence of the Member Presidin g, be present and assisting throughout the whole of the Meetings at which any such Business shall be dispatched. VII And We do further Direct and Appoint 28^)781 fliat you jIo attend and Preside nt the Meetings of Oui said Kxecutivu Council, unless vvlien prevented by some neccssarjMinj^ rea8onal)le causo, and that in J your Ai)scncc the Senior Mum bcr of the said Council C actually present shall Preside at all iuch Meetings. O OoTernor to Preside. h^4ytJ^ Journals and Minutes to be kept, and transmitted. 7i£^tr ty^ /Ao^ c/a (LAX ^"C^ fiovcrnor to Consult Executive Council, except 'n certain speci- fied cases. VIII. And We do furtiier Direct and Appoint /x .^^ , = ^ t c /- , ^^lOkU that a lull and exact Journal or Mmutc be kept of ^ all the Deliberations, Acts, Proceedings, Votes, and Resolutions of Our said Council, and that at each Meeting of the said Council the Iviinutes of the last preceding Meeting be read over and confirmed or amended, as the case may require, before proceeding to the despatch of any other Business, and that' Twice in each Year a Full Transcript of all the Minutes of the said Council of the preceding Half! Year be transmitted to Us through One of Our Principal Secretaries of State. IX. And VVe do further Direct and Appoint that in the execution of the Powers and Authorities committed to you by Our said Commission, you do in all cases consult with Our said Executive Council, excepting only in cases which may be of such a nature tl.at in your judgment Our Service would sustain material prejudice by consulting Our Council thereupon, or when the matters to be decided shall be too unin;p"itant to require their advice, or too urgent to admit of their advice being given by the time within which it may be necessary for you to act in respect of any such matters. Provided that in ail such Urgent Cases you do sidjsequently, and at the earliest practicable period, conmiunicate to the said Council the measures which you may so have adopted, with the reasons thereof. X. And We do Authorize you in your Discre- tion, and if it shall in any case appear right, to act in the exercise of the Power committed to you by Our said Commission in opposition to the Advice which may in any such case be given to you by the Members of Our said Executive Council : Provided, Nevertheless, that in any such case you do fully report to us, by the first convenient oppoiiunity, every such proceeding, with the grounds and reasons thereof: Provided Also that in every case it shall be competent to any Member of Our said Council to record at length on the Minutes of the Council Governor may act in Opposition to the Council. Report grounds for so doing. the groi:.i(lg ami rciiMoiis of any Advicu or Opiniuii lie limy >Xivc upon iiiiy ({iiestioii brought under the consideration of auch Council. ,u/A^ Question! for Debate. ItulcH lo be observed in Ciiucl- mciit of Laws. Stylo of Ordinances. Diffcront subjects not to be mixed in the same Ordinance. XI. And We do further Direct and Appoint that no Question slinll lie liiought lieforo Our said Executive Coin..! i'or tlieir ailvicc or decision, exceptiiifj only such Questions as may lie jiroposod by you lor that purpose : I'rovided, Nevertheless, that if any A^jiiiber shall, by Application in VVritinj;, recpiest you so to propose any Question, it shall be eoni]ieteiit to any such Member to record upon the said Minutes of the said Coiineil such his Written Ap])lication, together wl:h the Answer which may be returned by you to the same. XII. And in the Enactment of Laws within Our said Colony, We do Direct and Enjoin that you do observe, as far as may be practicable, the following Rules and Instrnctions (that is to say) : — XIII. All Laws to be Enacted by you with the Advice and Consent of the said Legislative Council shall be styled " Ordinances enacted by the Governor "of British Columbia with the Advice and Consent "of the Legislative Council thereof." . XIV. You arc as much as possible to observe in the passing of all Ordinances that each Different Matter be provided for by a Sepaiate Ordinance without intermixing into one and the same Ordi- nance such things as have no proper relation to each other ; and you are more especially to take care that no Clause or Clauses be inserted in or annexed to any Ordinance which shall be Foreign to what the Title of such Ordinance imports, and that no Perpetual Clause be part of any Temporary Ordinance. Description of liills not to be assented to by Governor. XV. You arc not to Assent in Our Name to any Bill of any of the Classes hereinafter specified (that is to say) : — 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 yourself. M. Any Bill whereby any Increase or Diminution [302] C 2Btw82 6 iniiy Ir' inndf in the Niimlicr, Salary, or Allttwnnceg of the Piiblir ()(fied trunsmit. to Us, through One of Our Principal SecretaricH of State, for Our final Assent, DisallowancCi or other Diicc- tion thereui)on to he s;i,'nified through you, a Transcript in Duplicate of the same, duly Authenti- cated under the i'lddic Seal of the said Colony, and by your own Signiture, and that such Transcript shall be accompanied with such Explanatory Observations as may be required to exhibit the reasons and occasion for passing such Ordinance. Collection ()(' Ordinances to he published e»ory year. XVIII. And We do further Direct that, at the earliest practicable period at the commencement of each year, you do cause a complete Collection to be published, for general information, of all Ordinances Emolled during the preceding year. Minutes of Proceedings to bu iccpt. Minutes to be sent home twice a-year. XIX. And We do further Direct that Minutes be regularly kept of the Proceedings of the said Legislative Council by the Clerk thereof, and tliat the said Coimcil shall not proceed to the Despatch of Business until the Minutes of the last preceding Meeting have first been read over, and confirmed or corrected as may be necessary, and that twice in each year you do Transmit to Us, through One of Our Principal Secretaries of State, a full and exact Copy of the said Minutes. ( XX. And Whereas We have by Our said Com- 1^, ) miss' in Authorized you in Our Name a'ld on Our Behalf to Make and Execute under the Public Seal <|Hi ^ Ml 8 of Our said Colony Grants and Dispositions of Lands which may be lawfully Granted and Disposed of l)y Us within Our said Colony : Now We do Direct and Enjoin that you shall not, directly or I ;,^t^^ indirectly, purchase for yourself any of such Lands without Our Special Permission given to you in that behalf through One of Our Principal Secre- taries of State. Governor not to purchase Crown F-aiul without permission. XXI. And We do hereby Direct and Appoint that all Commissions and Appointments granted by you to any Person or Persons (or exercising any Office or Employment be granted during Pleasure only : and that whenever you shall Appoint to any vacant Office or Employment any Person not by Us especially Directed to be A|)pointed thereto, you shall at the same time expressly apprize such Person that such Appointment is to be considered only as temporary and provisional until Our Allowance or Disallowance thereof be signified. XXn. And Whereas We have by Our said Order in Council and by Our said Commission Autliorized you, u])on sufficient cause to you appear- ing, to Suspend from the exercise of his Office within Our said Colony any Legislative Councillor or other Person exercising the same under and by VM'tue of any Commission or Warrant granted or to be grai.ted by Us in Our Name or under Our Authority : Now We do Charge and Require you that before proceeding to any su^h Susi)ension you do signify by a Statement in Writing to the Person so to be Suspended the Grounds of such your intended proceeding against him, and that you do call upon such Person to communicate to you in writing a Statement of the Grounds upon which, and the Evidence by which, he may be desirous to exculpate hiniself; which Statement and Exculpation you will lay before Our said Executive Council, and having consulted tiie said Council thereupon, you will cause to be recorded in the Minutes of the said Council whether they or the uuijority of them do or do not assent to the said Susi)ension ; and if you tliereui)on proceed to such Susnension, you are to transmit both of the said Stafimeuts, together with tlie .Minutes of Council, to Us, through One of Our Pnueipal Secretaries of State, by the earliest convey- a cVU^-LVty^'^^^'^^x^ /^"=/'''-**^ /. lyOctc^ Appointments to lie Provisional and during Pleasure. Suspension of Officers. ^ Mi ;V^<-«*''M^ 9 ance. But if in any case the Interests of Our Service shall appear to you to demand that a Person shall cease to exercise the Powers and Functions of his Office instantly, or before there shall be time to take the proceedings hereinbefore directed, you shall then interdict such Person from the exercise of his Powers and Functions, preserving; to him, however, until such proceeding;" ihall have been taken, the Emoluments and Advantages of his Office. Pardon Power, Regulation of. XXIIl. And Whereas Wo have by Our said Commission Authorized and Empowered you, as you siiall see occasion, in Our Name and on Our Behalf, to Grant to any Offender convicted of any Crime in any Court, or before any Judge, Justice, or Magis- trate within Our said Colony, a Pardon, either free or subject to lawful Conditions: Now We do hereby Direct and Enjoin you to call upon the Judge Presiding at the Trial of any OffLiuler, who shall have been condemned to sulFer Death by the Sentence of any Court within Our said Colony, to make to you a Written Report of the case of such Otiender, and such Report of the said Judge shall by you be taken into consideration at tlie First Meeting thereafter which may be conveniently held of Our said Executive Council, where the said Judge may be especially summoned to attend, and you shall not Pardon or Reprieve any such Offender as aforesaid, unless it shall appear to you expedient so to do upon receiving the Advice of Our Executive Council therein ; but in all such cases you are to decide either to extend or to with- hold a Pardon or Reprieve according to your own deliberate judgment, whether the Members of Our said Executive Council concur therein or otherwise, entering, Nevertheless, on the Minutes of the said Council, a Minute of your Reasons at length, in case you should decide any such question iu opposi- tion to the judgment of the majority of the Members thereof. Promotion of Religion amongst the Natives. XXIV. And We further Direct and Enjoin that you do to the utmost of your power promote Religion and Education among the Native Inhabi- tants of Our said Colony and its Dependencies, and that you do especially take care to protect tlicm in '"^ '^ their Persons and in the Free Enjoyment of their [302] ' D 2Ht>7R2 10 Possessions, and that you do by all lawful means' prevent and restrain all Violence and Injustice wln'ch may in any manner be practised or attempted against them, and that you take such measures as may appear to you necessary for their conversion to the Christian Faith, and for their Advancement in Civilization. XXV. And Whereas you will receive through One of Our Principal Secretaries of State a Book of Tables in Blank (commonly called the 'Blue Book"), to be annually filled up with certain Returns relative to the Revenue and Expenditure? Militia, Public Works, Legislation, Civil Establish- ments, Pensions, Population, Schools, Course of Exchange, Imports and Exports, Agricultural Pro- duce, Manufactures, and Other Matters in the said "Blue Book" more particularly specified with reference to the State and Condition of Our said Colony: Now We do hereby Direct and Enjoin that all such Returns be accurately prepared, and punctually transmitted to Us from Year to Year through One of Our Principal Secretaries of State. XXVI. And Whereas great prejudice may happen to Our Service and to the security of Our said Colony by the Absence of the Governor, you shall not upon any pretence whatever quit Our said Colony 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. " Blue Book." Governor not to Absent himself without previous leave. V. R. PiUtlTED AT TBE rOBEION OiriCK BY T. HARH,SOK.-23/10/69. ^ 1/