442 PARLIAMENTS OF THE DOMINIONS [PART III 
defeated by its opponents bringing indirectly the question 
before the Courts which pronounced payments in this way 
without legislative appropriation to be contrary to law, 
with the result that the practice could no longer rank as 
a convenient method of securing the appropriation of money 
without the concurrence of the Upper House. 
The general rule, which has no exception in the Dominions, 
secures a control over all expenditure to the Government of 
the day by requiring that any proposed appropriation shall 
be recommended by the Governor to the Lower House! The 
action of the Governor in this regard may be regarded as 
purely ministerial ; he has indeed on one occasion—that of 
the grant to Lady Darling in 1868—been instructed not to 
bring the matter before the Lower House by making the 
formal recommendation required, but that is a special case, 
and related to a payment to be made to a wife of a servant 
of the Imperial Government, and the instruction was revoked 
a month later by a dispatch of February 1, 1868, and the 
action of the Governor may now be regarded as being not 
a matter for discretion at all. But, in addition to that, 
all moneys must be issued under a warrant signed by him, 
and his signing such a warrant is not a ministerial act at all, 
but a matter in which he must exercise his discretion and 
satisfy himself that the grounds for his signature are good. 
The mode in which moneys are issued may be illustrated 
by the case of the Commonwealth procedure, which is in 
essentials the ordinary Australian plan of action? The 
Treasurer draws up statements of money required to the 
Auditor-General, whose duty it is, after seeing that the sums 
mentioned are legally available, to sign the instrument. 
Then the instrument is taken by the Treasurer for the 
' For Canada see 30 Vict. c. 3,85. 54,90, repeated in all the provincial Acts: 
Newfoundland, 5 & 6 Vict. e. 120, 5. 1, and royal instructions, May 4, 
1855, thereunder ; Commonwealth, 63 & 64 Vict. c. 12, Const. 5. 56 ; New 
South Wales, Act No. 32 of 1902, 5.46; Victoria, 18 & 19 Viet. c. 55, sched. 
3. 57; Queensland, Act 31 Viet. No. 38, s. 18; South Australia, Act No. 2 
of 1855-6, 5. 40; Western Australia, 53 & 54 Vict. c. 26, sched. s. 67 ; 
Tasmania, 18 Vict. No. 17, s. 33; New Zealand, 15 & 16 Vict. c. 72,8. 54; 
Union, 7 Edw. VIL c. 9, s. 64. 
* Harrison Moore, Commonwealth of Australia ®, pp. 150 seq.