Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

158 THE EXECUTIVE GOVERNMENT [parr 11 followed. The questions were of some interest in Canada, for on federation the question was raised who could grant marriage licences, and was decided in favour of the Governor-General by Sir J. Macdonald and the law officers of the Crown! But the latter advised that the power to regu- late the grant of licences lay in the Provincial Legislatures, and they all so legislated and removed difficulties. Similarly the right to appoint to benefices, formerly given to the Lieutenant-Governors of the Provinces and to the Governor- General of Canada, was claimed for the Governor-General 2 and exercised by him until disposed of by Provincial Acts, while the break-up of the old position of the Church generally terminated the grant of powers in this regard of Governors. $2. THE VIEWS oF MR. BLAKE The simplification of letters patent and instructions alike in the case of Canada, to which reference has been made above, was due in the main to the action of Mr. Blake, then Minister of Justice in the Canadian Government. In 1875 Lord Carnarvon addressed to the Governor-General of Canada, a dispatch explaining the reasons which had evoked a desire to remodel the practice of issuing letters patent. Hitherto it had been the custom to do so on the appointment of each Governor, including in his commission, which passed under the great seal, all the machinery of the Governor's office. It book time to secure the passing of an instrument under the great seal, and in the meantime a temporary commission used to be given under the sign-manual allowing him to act under the commission of his predecessor. This was obviously inconvenient besides being of doubtful legal validity, and therefore it was decided to issue in all cases power which in responsible-government Colonies he does not exercise with regard to marriages. These powers remained in the Australian letters patent until 1900. But they did not occur in the New Zealand letters patent, or in those of Newfoundland or the South African Colonies. ' See Provincial Legislation, 1867-95, pp. 407 seq. ! In a New Brunswick case in 1869. ' See Canada Sess. Pap., 1877, No. 13, which gives an account of Mr. Blake's visit in 1876 to England and his conference with the Secretary of

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