156 THE EXECUTIVE GOVERNMENT [PART II
in the letters patent has the peculiarity that though it is
almost invariably inserted it is practically never used.
It is omitted since 1878 in the case of Canada, the local law
making adequate provision, also in the case of the Common-
wealth, which had no lands in 1901, and the Union of South
Africa ; in the latter case, no doubt, mainly from the fact
that the model which was followed was that which had been
laid down in the two cases of the Federations. It is the power
to make land grants. The power was an important one in the
old times when the power to grant land was valuable, and
was exercised under instructions from the Secretary of State,
but the whole field was gradually covered by legislation, and
the power became otiose and needless : accordingly in the
case of Canada it was omitted on the suggestion of Mr. Blake
in the letters patent issued in 1878. The right has received
discussion in the Courts in a New Zealand case, but in that
Dominion now the land is all disposed of under statutory
authority.
There is some difficulty as to the clause in the letters
patent which occurs in nearly all, authorizing the Governor
to exercise the powers of the Crown as to summoning, dis-
solving, and proroguing the Legislatures. In the case of
Newfoundland (as in that of Nova Scotia, New Brunswick,
and Prince Edward Island before union) there is included
also a clause empowering the Governor to make laws with
the advice and consent of the legislative bodies, while the
numbers of the Council are provided for and their method
of appointment. In the case of New South Wales, Queens-
land, and New Zealand, and formerly in the Colony of Natal,
in addition to the powers of summoning, proroguing, and
dissolving, are given powers of appointing members to the
nominee Legislative Councils, and in the case of the Cape,
as in the case of Newfoundland, the power conferred included
the power to make laws with the Legislature. The powers
of summoning, proroguing and dissolving are also given in
the case of the Federations and of the Union. They were not
© The Queen v. Clarke, 7 Moo. P. C. 77; Rusden, New Zealand, i. 480;
of. the South Australia case, The Queen v. Hughes, 1 P, C. 81,
