Passed under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Island of Newfoundland and its Dependencies.
Dated 30th January, 1934.
Instructions to our Governor and Commander-in-Chief in and over Our Island of Newfoundland and its Dependencies, or, in his absence, to the Officer for the time administering the Government of Our Said Island and its Dependencies.
WHEREAS by certain Letters Patent, bearing even date herewith, We have constituted, ordered, and declared that there shall be a Governor and Commander-in-Chief (hereinafter called Our said Governor) in and over Our Island of Newfoundland and its Dependencies (hereinafter called Our said Island). And We have thereby authorized and commanded Our said Governor to do and execute in due manner all things that shall belong to his said command, and to the trust We have reposed in him, according to the several powers and authorities granted or appointed him by virtue of the said Letters Patent and of the Commission to be issued 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 Us through one of Our Principal Secretaries of State, and according to such Laws and Ordinances as are or shall hereafter be in force in Our said Island. Now, therefore, We do by these Our Instructions under Our Sign Manual and Signet, declare Our pleasure to be that every person hereafter appointed to be Our said Governor shall with all due solemnity cause Our Commission under Our Sign Manual and Signet, appointing Our said Governor for the time being, to be read and published in the presence of the Chief Justice of Our said Island for the time being, and We do further declare Our pleasure to be that every person hereafter appointed to be Our said Governor and every other officer appointed to administer the Government of Our said Island shall take the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirty-second years of the reign of Her Majesty Queen Victoria intituled "An Act to amend the Law relating to Promissory Oaths"; and likewise that he or they take the usual oath for the due execution of the office and trust of Our Governor and Commander-in-Chief in and over Our said Island, and for the due and impartial administration of justice, which said oaths the Chief Justice for the time being of Our said Island, or, in his absence, or in the event of his being otherwise incapacitated, the Senior Judge then present, or failing such Judge the Senior Member present of the Commission of Government shall and he is hereby required to tender and administer unto him or them.
II. And We do authorise and require Our said Governor, from time to time, and at any time hereafter, by himself or by any other person to be authorised by him in that behalf, to administer to all and to every persons or person, as he shall think fit, who shall hold any office or place of trust or profit, the said Oath of Allegiance, together with such other Oath or Oaths as may from time to time be prescribed by any Laws or Statutes in that behalf made and provided.
III. And We do require Our said Governor to communicate forthwith to the Commission of Government for Our said Island these our Instructions, and likewise all such others from time to time as he shall find convenient for Our Service to be imparted to them.
IV. And we do further direct and enjoin that, in the execution of the powers and authorities committed to Our said Governor by Our said Letters Patent, he shall in all cases consult with and act in accordance with the decision of the said Commission, excepting only in cases where, in his judgment, the matters to be decided shall be too unimportant to require their advice, or too urgent to admit of their advice being given by the time within which it may be necessary for him to act in respect of such matters. Provided that in all such urgent cases he shall subsequently, and at the earliest practicable period communicate to the said Commission the measures which he may so have adopted, with the reasons thereof.
V. And We do further direct and enjoin that Our said Governor is not to assent in Our name to any Bill of any of these classes hereinafter specified, that is to say:--
Unless Our said Governor shall have previously obtained Our instructions upon such Bill through one of Our Principal Secretaries of State or unless such Bill shall contain a clause suspending the operation of such Bill until the signification in Our said Island of Our pleasure thereupon, or unless Our said Governor shall have satisfied himself that an urgent necessity exists requiring that such Bill be brought into immediate operation, in which case he is authorised to assent in Our name to such Bill unless the same shall be repugnant to the law of England, or inconsistent with any obligations imposed on Us by Treaty. But he is to transmit to Us, by the earliest opportunity, the Bill so assented to, together with his reasons for assenting thereto.
VI. And We do further direct and enjoin Our said Governor to transmit to Us, through one of Our Principal Secretaries of State, a transcript in duplicate of every Law which has been assented to by him in Our name, together with a marginal abstract thereof duly authenticated under the Public Seal of Our said Island, and that such transcript shall be accompanied with such explanatory observations as may be required to exhibit the reasons and occasions for proposing such Laws.
VII. And whereas We have by Our said Letters Patent authorised and empowered Our said Governor as he shall see occasion, in Our name and Our behalf, to grant to any offender convicted of any crime in any Court, or before any Judge, Justice or Magistrate within Our said Island, a pardon, either free or subject to lawful conditions: Now We do hereby direct and enjoin Our said Governor to call upon the Judge who presided at the trial of any offender who shall have been condemned to suffer death by the sentence of any Court within Our said Island to make to Our said Governor a written report of the case of such offender, and such report of the said Judge shall by Our said Governor be taken into consideration at the first meeting thereafter which may conveniently be held of the said Commission, where the said Judge may be specially summoned to attend; and Our said Governor shall not pardon or reprieve any such offender as aforesaid, unless it shall appear to him expedient to do so, upon receiving the advice of the Commission therein, but in all such cases he is to decide either to extend or to withhold a pardon or reprieve according to his own deliberate judgment, whether the Members of the said Commission concur therein or otherwise; entering, nevertheless, on the Minutes of the said Commission a Minute of his reasons at length, in case he should decide any such questions in opposition to the judgment of the said Commission.
VIII. And We do further direct and enjoin that all Commissions granted by Our said Governor to any person or persons to be Judges, Justice of the Peace, or other Officers, shall, unless otherwise provided by law, be granted during pleasure only, and whenever Our said Governor shall appoint to any vacant office of employment of which the initial emoluments amount to or exceed One Thousand Two Hundred Dollars a year, any person not by Us specially directed to be appointed thereto, he shall at the same time distinctly inform such person that such appointment is to be considered only as temporary and provisional until Our allowance or disallowance thereof be signified.
IX. And whereas great prejudice may happen to Our Service and to the security of Our said Island by the absence therefrom of Our said Governor, he shall not upon any pretence whatsoever quit Our said Island without having first obtained leave from Us for doing so under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State.
X. In these Our Instructions the term "Governor" shall, unless inconsistent with the context, include every person for the time being administering the Government of Our said Island.
Given at Our Court at Saint James's this Thirtieth day of January, 1934, in the Twenty-fourth year of Our Reign.