cHAP. v] THE PRIVILEGES AND PROCEDURE 471 
the delegation is hardly necessary and is not requisite. 
In the Dominions the English practice in these matters is 
followed, but in some of the Provinces of Canada there is 
power to prorogue indefinitely without fixing a day, and this 
is done, avoiding frequent prorogations. In New Zealand 
in 1909 the question arose whether when Parliament stood 
prorogued to a definite date its meeting could be accelerated, 
but this was not done, and in the absence of statutory 
provision it would seem that it could not legally be done. 
There is legislative provision in Tasmania and Victoria under 
which the Governor can summon the Legislature for a date 
not nearer than six days. 
The rule is now regular that the Legislatures of the 
Dominions are not affected in any way by the demise of 
the Crown,? there being statutory enactments to that effect 
in nearly all the Dominions, save the Commonwealth of 
Australia, and in that case, when the question arose in 1910 
on the death of King Edward, it was held that the Parliament 
was not affected by the demise of the Crown. Mr. Justice 
Clark has argued that the demise of the Crown produced 
the result merely by common law, and that without local 
legislation every Parliament resting on a statutory basis 
ipso facto is exempt from the rule of common law. 
It need hardly be said that in convoking, proroguing, and 
dissolving Parliament the Governor acts on the advice of 
ministers, just as in all other matters. It is, however, a 
matter which might cause difficulty if ministers desired to 
break the law as to the holding of annual sessions, but there 
is no probability of this giving rise to a dispute. In the 
Cape during the war the constitution was so violated, but 
with ministerial advice and inevitably in view of the rebellion 
raging, and the defect was cured by an Indemnity Act. 
* There is no delegation in the instruments issued to provincial Lieutenant- 
Governors, and yet they exercise the powers of the Crown; cf. Canada 
Sess. Pap., 1877, No. 13, p. 10 (Mr. Blake). 
? Devine v. Holloway, 14 Moo. P. C. 290. Cf. as to offices 1 Will. IV, 
c. 4; 1 Edw. VIL c. 5. See also Anson, Law of the Constitution®, II. i, 
251-4; Quick and Garran, Constitution of Commonwealth, pp. 462~4. The 
older rule applied to the New Brunswick Legislature in 1820 and 1830; 
Hannay, i. 445.