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

¢HAP. v] THE GOVERNOR AND THE LAW 251 The Treasurer of the Colony in a minute of September 18, 1869.1 thus explained the views of the Cabinet Lord Belmore’s justification of himself on the ground of these instructions for having assented to the payments in the case under consideration is thus conveyed in his Despatch to Lord Granville, of 25th March. covering the resolutions of the Council. Applying these instructions to the present case, which differs from the former in so far as this concerns estimates in chief and one House of Parliament only—those supple- lentary estimates and both Houses—I consider the present bo be an ““ unforeseen contingency ”’ of an urgent nature, and the course which has been pursued to be “ justifiable ” on the ground that it was presumably “sure to be subsequently sanctioned, joined to strong grounds of expediency, even though short of actual necessity ».’ Lord Granville in reply (Despatch 16th June 1869) ex- presses himself as follows :— "Having reference to the terms of the Duke of Bucking- ham’s Despatch of 30th September, I am not prepared to disapprove the course which you adopted in authorising the payment of certain salaries in anticipation of an Appropria- tion Act; but at the same time I think that you have somewhat misunderstood the spirit of those instructions, and that the mere fact that a certain number of public officers would be put to a temporary inconvenience cannot be viewed as an unforeseen emergency, as it is a consequence which must in the nature of things result from any delay in passing an Appropriation Act; nor is it such a case of expediency as justifies a violation of law. _ But independently of these considerations, the question 18 settled prospectively by the action of the Legislative Council, as I consider it clear that except in case of absolute and immediate necessity (such, e.g., as the preservation of life) no expenditure of public money should be incurred without sanction of law, unless it may be presumed not only that both branches of the Legislature will hold the expendi- bure itself unobjectionable, but also that they will approve of that expenditure being made in anticipation of their consent. Your Lordship will not therefore be at liberty on any future occasion to repeat the step which you have adopted in this case’ * Parl, Pap., C. 2173, p. 122.

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