298 THE EXECUTIVE GOVERNMENT [paRT II
§ 2. Tue GOVERNOR'S DUTIES UNDER IMPERIAL AcTs
There are, in addition to the duties which the Governor
has to perform as the head of the Colonial Government, many
which he has to do as a mandatory of the Imperial Parliament.
Thus, for example, he is empowered to grant certificates
of re-admission to British naturalization, under s. 8 of
the Imperial Naturalization Act, 1870. Again, he is given
a great variety of powers with regard to British shipping
by ss. 84, 90, 205, 366 of the Merchant Shipping Act, 1894.
He is also the authority for many acts under the Fugitive
Offenders Act, 1881, and the Extradition Acts, 1870 (s. 17)
and 1873 (s. 1). His authority is required if a prosecution
of foreigners is taken under the terms of the Territorial
Waters Jurisdiction Act, 1878, and he is empowered to grant
various licences under the Pacific Islanders Protection Acts,
1872 and 1875; he has duties under ss. 54, 89, 94, 131, 132
of the Army Act, 1881, under the Colonial Courts of Admiralty
Act, 1890 (s. 9), and there are a good many other cases. In
all these instances there is no doubt that the Governor can
legally act without the advice of ministers at all, and on the
theory of Mr. Higinbotham he should so act, though that
authority considered that some of the powers vested in the
Governor as regards merchant shipping should really be
transferred to the Governor acting under Colonial Acts. But
as a matter of fact and of propriety, the Governor will consult
his ministers in every case before acting. For example,
it is on ministers that the real burden should fall of deciding
whether or not a fugitive criminal whose extradition is being
asked for should be handed over: no doubt the Governor
must on imperial grounds retain a discretion, and the matter
can never be one where the Ministry can constitutionally
say that he must accept advice or resign, for he is not acting
in any direct way as head of the Government; but still it
would be a mistake to imagine that he should do such an act
without ministerial advice, inasmuch as he needs ministerial
assistance if there is anything to be done.
Fortunately there is admirable authority for this view of
