Full text: Responsible government in the Dominions (Vol. 2)

cHAP. 1] PRINCIPLES OF IMPERIAL CONTROL 1017 
procedure is for the Governor to see that a suspending clause 
isinserted. Thus, for example, there were suspending clauses 
both in the Act (c. 4) of 1905 and that (c. 1) of 1906 regarding 
foreign fishing-vessels, and the former was assented to but 
the latter was not ; it should be noted that the wording of 
the latter Act is extraordinary, as it contemplates the Act 
being ratified by the King in Council, a possible reference 
to the powers of the Crown to adopt a Colonial Act as Imperial 
legislation under the Act of 1819 for the regulation of the 
fishery on the Newfoundland coasts. In any case, if reserva- 
tion is possible, the position is just as it used to be in the 
Maritime Provinces of Canada before federation—there is no 
time-limit for the assent to be given. In the case of the 
Canadian Provinces the right of disallowance is vested in the 
Governor-General, who must act in Council, and the power 
must be exercised within a year. In one case, that of the 
Prince Edward Island Act abolishing the established liturgy 
of the English Church, assent was erroneously given too late, 
but the Act was re-enacted. in due form in 1879. 
Besides the reservation under royal instructions, there is of 
course reservation under the various Imperial Acts—or what 
is equivalent to reservation, the insertion of a suspending 
clause. Thus under ss. 735 and 736 of the Merchant Shipping 
Act, 1894, Acts passed by the Colonial Legislatures regarding 
the coasting trade and registered vessels require respectively 
to be confirmed by Order in Council and to contain a sus- 
pending clause, and to contain a suspending clause merely. 
Acts relating to admiralty procedure require, under the 
Colonial Courts of Admiralty Act, 1890, the previous sanction 
of the Admiralty, or must have a suspending clause, or be 
reserved. Moreover, in many cases the Constitution Acts, 
as has been seen already, require the reservation of Bills. 
The advantages, as a matter of practical convenience, of 
reservation over disallowance are obvious. In the latter 
case an Act comes into force; it is acted upon for some 
s0 in Newfoundland the royal assent would presumably render the Bill 
a good Act. For confirmation clauses, see 6 Edw. VIL cc. 2, 3; 7 Edw. 
VII ec. 14.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.