£58 PARLIAMENTS OF THE DOMINIONS [paRT 1il 
§ 3. Tue Form oF Aorts 
The form of the enactment of laws is generally by the 
Crown with the advice and consent of the two Houses of 
the Parliament. But there are certain variations : in New 
Zealand the laws are enacted by the General Assembly, which 
includes the two Houses and the Governor. In the Common- 
wealth the ‘advice and consent ’ disappear. In the case of 
the Provinces of Nova Scotia, New Brunswick, and Prince 
Edward Island, which owe their original constitutions to 
the Commissions of the Governors,! the power was given to 
the Governor to enact laws with the Houses and the form is 
maintained, though in two of the provinces there is now but 
one House, and in all the Lieutenant-Governor takes the 
place of the Governor. In the Cape the Constitution 
Ordinance of 1852 gives the power to legislate to the Governor 
with the two Houses, but in Natal and the Transvaal and the 
Orange River Colony it was given to the Crown. In the 
case of the Dominion of Canada and the other provinces 
the power is conferred upon the Crown with the House or 
Houses. In the case of South Australia and Tasmania the 
local Constitution Acts give the power to the Governor with 
the two Houses, but in all the other four colonies, now 
states, the power belongs to the Crown with the two Houses, 
and this is of course the case with the Commonwealth and 
the Union Parliaments. It is idle to suppose that there is any 
impropriety in the old form which is also followed in New- 
foundland : the Governor legislates as representative of the 
Crown, and the assent he gives is in all cases in the name and 
on behalf of the King. The fact is rather amusingly illustrated 
by an Act of Newfoundland in 1910 dealing with Treasury 
notes, for the Act contained a clause suspending its operation 
until the royal pleasure had been signified, but ignoring the 
fact that it had been signified by the assent of the Governor. 
The correct form of suspending clause is that laid down by 
a dispatch of June 20, 1884, from the Secretary of State : 2 
' Cf. Clark, Australian Constitutional Law, pp. 309 seq.; Harrison 
Moore, Commonwealth of Australia, pp. 105, 106. There is certainly 
absolutely no legal difference between the cases. 
* Constitution and Government of New Zealand, p. 193. A direction that