CHAP. 1] THE GOVERNOR 95
of the Legislative Council holds the post of Lieutenant-
Governor : in Western Australia it is held by an ex-Chief
Justice, while in the other four it is held by the Chief Justice,
who in each case has been made Lieutenant-Governor, a post
which carries with it merely an honorary position and style
as long as the Governor is administering. In the case of the
Commonwealth the plan has now been adopted of conferring
a dormant commission on the two senior State Governors
for the time being, with a preference for the Governor of
New South Wales or Victoria on the ground of contiguity.
The Governor-General and the Governors alike are
authorized, the former by letters patent under statute, the
latter by letters patent, to appoint deputies whose appoint-
ment is limited by the instruments appointing them, and
whose existence does not hamper in any way the action of the
Governor-General or Governor. In the case of brief absence
from the Dominion of New Zealand, Newfoundland, or the
States the Governors of the Dominion or Newfoundland or
the States are not deemed to be absent so as to require the
coming into force of the appointment of the Lieutenant-
Governor or other person as administrator, if they have
appointed deputies,? and the same rule used to apply to
the Colonies in South Africa which had responsible govern-
ment. Moreover, even in the case of such temporary absence
the Governor is to be deemed to possess full power to
perform all his functions, a curious position, and one which
seems open to serious objection, as a Governor would seem
prima facie to have power only within the limits of the
territory of his Colony, and the assent to a Bill if given
outside these limits might be deemed illegal.
The power of appointing deputies where not given by
1 30 Vict. c. 3, s. 14 (Canada); Constitution, s. 126 (Australia);
9 Edw. VII, c. 9, s. 11 (Union). In each case the mode of exercising
the power is regulated by the letters patent. In all the provinces the
Lieutenant-Governor is authorized to appoint deputies for specific
Purposes ; apparently a legal power. See Provincial Legislation, 1867-95,
Pp. 196.
* See, e.g., New Zealand Instructions, November 19, 1907, clauses ix
and x.
