Full text: Responsible government in the Dominions (Vol. 3)

1562 PREROGATIVE INSTRUMENTS 
And whereas it is Our Will and pleasure to revoke the said Letters 
Patent, and to substitute other provisions in place thereof : 
Now therefore We do by these presents revoke and determine the 
said recited Letters Patent, and everything therein contained, but 
without prejudice to anything lawfully done thereunder: And We 
do declare Our Will and pleasure as follows : 
[. We do hereby constitute, order, and declare that there shall be 
a Governor-General and Commander-in-Chief! in and over Our 
Dominion of Canada (hereinafter called Our said Dominion), and 
appointments to the said office shall be made by Commission under 
Our Sign Manual and Signet. 
And We do hereby authorize and command Our said Governor- 
General and Commander-in-Chief (hereinafter called Our said 
Governor-General) to do and execute, in due manner, all things that 
shall belong to his said office, and to the trust We have reposed 
in him, according to the several powers and authorities granted or 
appointed him by virtue of The British North America Act, 1867, and 
of these present Letters Patent and of such Commission as may be 
issued to him under Our Sign Manual and Signet, and according to 
such Instructions as may from time to time be given to him, under 
Our Sign Manual and Signet, or by Our Order in Our Privy Council, or 
by Us through one of Our Principal Secretaries of State, and to such 
Laws as are or shall hereafter be in force in Our said Dominion. 
II. And We do hereby authorize and empower Our said Governor- 
General to keep and use the Great Seal of Our said Dominion for 
sealing all things whatsoever that shall pass the said Great Seal. 
III. And Wedo further authorize and empower Our said Governor- 
General to constitute and appoint, in Our name and on Our behalf, 
all such Judges, Commissioners, Justices of the Peace, and other 
necessary Officers and Ministers of Our said Dominion. as may be 
lawfully constituted or appointed by Us.2 
IV. And We do further authorize and empower Our said Governor- 
General, so far as We lawfully may, upon sufficient cause to him 
appearing, to remove from his office, or to suspend from the exercise 
of the same, any person exercising any office within Our said Dominion, 
under or by virtue of any Commission or Warrant granted, or which 
may be granted, by Us in Our name or under Qur authority. 
V. And We do further authorize and empower Our said Governor- 
General to exercise all powers lawfully belonging to Us in respect of 
the summoning, proroguing, or dissolving the Parliament of Our 
sa1d Dominion. 3 
Title first given in these letters patent. 
* This is to be understood as referring to federal officers (above, p- 700), and 
de facto the appointments are normally made under a statutory power. But this 
clause sanctions the use of the royal name, and so as to Clause IV. 
* The powers of summons of Senators is given to the Governor by 30 Vict. c. 3, 
8. 24, of summoning and dissolving the House of Commons by ss. 38 and 50 ; 
even without the clause he would have enjoyed the right to prorogue ex neces- 
sitate, Clauses ITI-V really are covered bv the last words of Clause T.
	        
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