CHAP. 11] LEGAL BASIS 77 
object is the creation of Legislative Chambers, and the 
regulation of their functions ; while the object in view would 
equally well be attained in another way. In fact, through- 
out the Colonies the resignation by Colonial Ministers of 
their seats in the Executive Council is rather a matter 
of unwritten practice than of positive law. 
11. The Executive Council in the Australian Colonies is 
constituted by the Letters Patent, and in every Colony, with 
two exceptions, Ministers retire from the Council as a matter 
of course when they leave office. In the other two, Ministers 
Nominally remain members of the Executive Council, but 
they are not summoned to its meetings, and I may observe 
that this practice, which is based upon a supposed analogy 
to the Privy Council in England, is found to be the less 
convenient of the two. The Governor possesses under the 
Letters Patent a general power to remove from office, and 
this power would enable him to dismiss an Executive Coun- 
cillor, should he attempt to retain his seat, or claim to take 
advantage of it, against the wish of the incoming Ministers. 
I propose to advise Her Majesty to issue for Natal, in place 
of the existing Charter, fresh Letters Patent, following the 
Australian model, so that the words in the amended Bill 
will be unnecessary. 
I feel confident that it will be agreed that the Constitution 
Act should not contain any provision as to the composition 
of the Executive Council. 
Accordingly, the Bill as it became law as Act No. 14 of 
1893, contained only the provisions for six ministerial officers, 
for their right to sit in the Legislature without re-election, and 
for the obligation to secure a seat, if not already a member 
on appointment to the Ministry, within four months. Appoint- 
ments to all offices except those liable to be vacated on 
political grounds were vested in the Governor in Council, and 
besides a Civil List with a special provision for the natives 
there was provided a schedule of pensions for officers retiring 
on political grounds from their posts. The new letters 
Patent contained only the usual provision allowing the 
Governor to appoint to the Council those who were ex officio 
members—there were none—and any other persons, the 
whole forming a close parallel to the somewhat earlier Act 
In the case of Western Australia.