β¨ Governance Instructions
the said provinces respectively, shall strictly conform
to and observe the rules for their guidance prescribed
in and by the said instructions hereinbefore mentioned.
XVI. And we do hereby authorise, empower, and
require, the respective Governors of the said provinces respectively, from time to time, in our name
and on our behalf, to constitute and appoint Judges,
and in cases requisite, Commissioners of Oyer and
Terminer, Justices of the Peace, and other necessary
officers for the administration of justice within the
said respective provinces, and for the putting in
force therein all laws made or to be made for the
government thereof, and all such officers as may be
requisite for the due administration of the civil go-
vernment therein. And we do further authorise the
same Governors, as occasion shall require, to sus-
pend from the exercise of his office or employment,
until our pleasure shall be known, any person or
persons within their respective provinces, holding
any public office or employment therein at our pleasure.
XVII. Provided always that in the exercise of such
power of appointment and suspension of public of-
fices, the same Governors shall observe the rules
in that behalf prescribed for their guidance in and
by the said instructions hereinbefore mentioned.
XVIII. And we do hereby authorise, empower,
and require, the respective Governors of the said
provinces respectively to administer, or cause to be
administered to all our officers, civil and military,
and to all other persons within the said provinces
respectively, such oaths for the due execution of their
respective offices and employments, as are usually
taken by such officers, and the oath of allegiance.
XIX. And we do hereby give and grant unto the
respective Governors of the said provinces respec-
tively, full power and authority in our name and on
our behalf to grant to any offender convicted of any
crime, or sentenced to the payment to us of any fine,
penalty, or forfeiture by any Court or by or before
any Judge, Justice, or Magistrate within the said
provinces respectively, a free and unconditional par-
don, or a pardon subject to such conditions as by
any law then in force may be thereunto annexed, or
any respite of the execution of the sentence of any
such offender for such period as to such Governor
may seem meet, or a remission, either total or par-
tial, absolute or conditional, of any such fine, pen-
alty or forfeiture.
XX. And in the event of the death of the Gover-
nor-in-chief of New Zealand for the time being, or
of his absence from the New Zealand islands, or of
his bodily or mental incapacity for the discharge of the
duties of his office, any person being within the said
islands and holding a commission from us to be
Governor of the province of New Ulster shall, upon
the occurrence of such death, absence or incapacity,
enter upon, and during such vacancy by death, or
during the continuance of such absence or incapacity, or until our pleasure be known, discharge all
the powers, authorities, privileges, and duties of such
Governor-in-chief, as fully as if a commission for
the exercise of that office during that period had by
us been addressed to him. But, if there should not
happen to be within the said islands on the occur-
rence of any such vacancy by death, or during the
continuance of any such absence or incapacity, any
person holding our commission as Governor of the
province of New Ulster, then, upon the occurrence
and during the continuance of such vacancy by death,
or during the continuance of such absence or inca-
pacity, or until our pleasure be known, the exercise
of the said office of Governor-in-chief shall be as-
sumed by any person being within the said islands,
and holding a commission from us to be Governor
of the province of New Munster; and failing any
such Governor of New Munster, then and in such
case by the chief officer in command of our military
forces within the said islands for the time being.
XXI. And we do further declare our pleasure to
be that Lieutenant Governors of the said respective
provinces shall by us from time to time be appointed
by commissions under our signet and sign manual;
but that in the event of the death, absence, resig-
nation, bodily or mental incapacity, or suspension
from office by the said Governor-in-chief, of any such
Lieutenant-Governor, it shall be competent to the
said Governor-in-chief, and he is hereby authorised
and empowered, upon the occurrence and during the
continuance of such last mentioned vacancy, by a
commission under the public seal of the General
Government of New Zealand, in our name, and on
our behalf, to constitute and appoint any proper per-
son to be the Lieutenant-Governor of such province
until our pleasure be known.
XXII. And we do hereby declare our pleasure to
be that the Lieutenant-Governor for the time being
of each of the said provinces (whether so appointed
by a direct commission from us as aforesaid, or
by such a commission as aforesaid from the Gover-
nor-in-Chief of New Zealand), shall have, exercise,
and enjoy, all powers, privileges, and authorities,
hereby or by the said instructions herein-before men-
tioned, or otherwise howsoever vested in the Gover-
nor, for the time being, of any such province, save
only that the temporary and provisional adminis-
tration of the office of Governor-in-Chief of New Zea-
land, on any such vacancy by death, absence or in-
capacity as aforesaid, shall pass to and become vested
in the Governor of the Province of New Munster,
in preference to the Lieutenant-Governor of the Pro-
vince of New Ulster, and in the Lieutenant-Governor
of the Province of New Ulster, in preference to the
Lieutenant-Governor of New Munster; and such
provisional administration of the said office of Gover-
nor-in-Chief of New Zealand, shall, on any such
vacancy by death, absence or incapacity, as afore-
said, pass to and become vested in such chief mili-
tary officer, as aforesaid, in preference to any Lieuten-
ant-Governor who may hold the office of Lieuten-
ant-Governor not in virtue of a commission so
issued directly by us, but in virtue of a commission
so issued as aforesaid, in our name and behalf by
any such Governor-in-Chief.
XXIII. And we do further reserve to ourselves
full power and authority, in our discretion, to ap-
point one and the same person to occupy at the
same time, the said several offices of Governor-in-
Chief and of Governor of each of the said respec-
tive provinces, or any two of those offices, and in our
discretion to appoint one and the same person to
occupy at the same time both of the said offices of
Lieutenant-Governor of the said respective provinces.
XXIV. And whereas it is by the said recited Act
further provided that it shall be lawful for us from
time to time to amend, and for that purpose to add
to, or if necessary to repeal any such letters patent,
or instructions as therein mentioned. Now we do
hereby reserve to ourselves, our heirs and succes-
sors, full power and authority from time to time to
amend, and for that purpose to add to, or if neces-
sary, to repeal these presents, and the said instruc-
tions herein-before mentioned.
XXV. And we do hereby further declare our will
and pleasure to be, that these presents shall not take
effect or come into operation in the said islands of
New Zealand, until the same shall have been pub-
lished and made known to the inhabitants of the
said islands, by a proclamation, to be for that pur-
pose issued by the person commissioned by us to be
Governor-in-Chief for the time being, of the said
islands.
In witness whereof, we have caused these our letters to be made patent.
Witness ourself at Westminster, the twenty-third
day of December, in the tenth year of our reign.
By writ of Privy Seal,
EDMUNDS.
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ποΈ
Establishment of Municipal Corporations and Provincial Assemblies
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ποΈ Governance & Central AdministrationMunicipal Corporations, Provincial Assemblies, Legislative Councils, House of Representatives, General Assembly
New Munster Gazette 1848, No 6