Power to appoint Deputies. Succession Proviso. office to be Officers and and assist the Governor- powers, and functions of the said Governor-General as he thinks fit to assign to such Deputy or Deputies, subject to any limitations expressed or directions given by Us: Now We do hereby authorise and empower Our said Governor-General, subject to such limitations and directions as aforesaid, to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part of Our said Commonwealth of Australia, and in that capacity to exercise, during his pleasure, such of his powers and functions as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise by the Governor-General himself of any power or function. VII. And We do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our said Governor-General out of Our said Commonwealth, all and every the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be vested in such person as may be appointed by Us under Our Sign Manual and Signet to be Our Lieutenant-Governor of Our said Commonwealth; or if there shall be no such LieutenantGovernor in Our said Commonwealth, then in such person or persons as may be appointed by Us under Our Sign Manual and Signet to administer the Government of the same. such powers or authorities shall vest in such LieutenantGovernor, or such other person or persons, until he or they shall have taken the oaths appointed to be taken by the Governor-General of Our said Commonwealth, and in the manner provided by the Instructions accompanying these Our Letters Patent. No VIII. And We do hereby require and command all Our others to obey Officers and Ministers, Civil and Military, and all other the inhabitants of Our said Commonwealth, to be obedient, aiding, and assisting unto Our said Governor-General, or in the event of his death, incapacity, or absence, to such person or persons as may, from time to time, under the provisions of these Our Letters Patent, administer the Government of Our said Commonwealth. Power reserved to Her Majesty to revoke, alter, IX. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, present Letters alter, or amend these Our Letters Patent as to Us or them shall seem meet. or amend the Patent. Publication of Letters Patent. X. And We do further direct and enjoin that these Our Letters Patent shall be read and proclaimed at such place or places as Our said Governor-General shall think fit within Our said Commonwealth of Australia. In Witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminister, the twentyninth day of October, in the Sixty-fourth Year of Our Reign. By Warrant under the Queen's Sign Manual. Muir Mackenzie. ORDER IN COUNCIL ASSENTING TO THE NEW SOUTH WALES ACT TO CONFER A CONSTITUTION ON NEW SOUTH WALES AND ΤΟ GRANT A CIVIL LIST то HER MAJESTY. At the Court at Osborne House, Isle of Wight, the 21st day of July, 1855. PRESENT: The Queen's Most Excellent Majesty in Council. Whereas by an Act passed in the 19th year of Her Majesty's reign, entitled An Act to enable Her Majesty to assent to a Bill as amended, of the Legislature of New South Wales to confer a Constitution on New South Wales and to grant a Civil List to Her Majesty* it is amongst other things enacted that it shall be lawful for Her Majesty in Council to assent to a Bill passed by the Legislative Council of New South Wales in the year 1853, entitled An Act to confer a constitution on New South Wales and to grant a Civil List to Her Majesty,† and reserved by the Governor of New South Wales for the signification of Her Majesty's pleasure thereon; such bill being amended by the omission of certain provisions thereof, as in the said Act specified. Now, therefore, Her Majesty in pursuance of the said Act of Parliament and in exercise of the power thereby reserved to * The New South Wales Constitution Act, 1855 (18 & 19 Vict. c. 54). Section 7 of the Act was repealed in part by the Australian Colonies Act, 1861 (24 & 25 Vict. c. 44); and the second schedule was repealed in part by the Statute Law Revision. No. 2, Act, 1893 (56 & 57 Vict. c. 54). Section 3 was modified by 29 & 30 Vict. c. 74, repealed by the Statute Law Revision Act, 1894. †The Colonial Constitution Act assented to by this Order is scheduled to the Imperial Act of 1855 and has been amended by the following Colonial Acts :20 Vict., Nos. 10 and 18; 22 Vict., No. 20; 26 Vict., No. 19; 37 Vict., No. 7; 47 Vict., No. 5; 53 Vict., No. 12; 54 Vict., No. 1; 56 Vict., No. 38; 1 Edw. 7 No. 40; 2 Edw. 7, No. 33; and 3 Edw. 7, No. 1 Her Majesty as aforesaid doth by this present Order by and with the advice of Her Majesty's Privy Council declare Her Assent to the said Bill so amended as aforesaid. And the Right Honourable Sir William Molesworth, Baronet, one of Her Majesty's Principal Secretaries of State is to give the necessary directions herein accordingly. Wm. L. Bathurst. LETTERS PATENT, DATED MARCH 13, 1862, PASSED UNDER [These Letters Patent are printed at p. 35 below.] LETTERS PATENT, DATED JULY 6, 1863, PASSED UNDER [These Letters Patent are printed at p. 27 below.] Preamble. Recites Patent of LETTERS PATENT, DATED OCTOBER 29, 1900, PASSED UNDER Victoria, by the Grace of God of the United Kingdom of Great Whereas by certain Letter Patent, under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the twenty-ninth day of April, 1879, We did constitute the Office of Governor and Commander-in-Chief in and over Our Colony of New South Wales as therein described, and its Dependencies: And whereas in virtue of the provisions of the Commonwealth of Australia Constitution Act, 1900, and of Our Proclamation* issued thereunder, by and with the advice of Our Privy Council, on the seventeenth day of September, one thousand nine hundred, We have by certain Letters Patent under the Great Seal of Our United Kingdom Imperial Act of Great Britain and Ireland, bearing even date herewith,† made Recites 63 & 64 Vict. Letters Patent of 29th October, 1900. Revocation provision for the Office of Governor-General and Commander- Proclamation in-Chief in and over Our Commonwealth of Australia: And of 17th whereas it has become necessary to make permanent provision 1900, and September, for the Office of Governor in and over Our State of New South Wales and its Dependencies, in the Commonwealth of Australia without making new Letters Patent on each demise of the said Office. Now know ye that we do by these presents revoke and determine the said first recited Letters Patent, bearing date of Letters the twenty-ninth day of April, 1879, and everything therein Patent of contained, from and after the proclamation of these Our 1879. Letters Patent as herein-after provided: And further know ye that We do by these presents constitute, order, and declare that there shall be a Governor in and over Our State of New South Wales and its Dependencies in the Commonwealth of Australia (which said State of New South Wales and its Dependencies are Boundaries. hereinafter called the State), comprising all that portion of Our territory of Australia or New Holland lying between the one hundred and twenty-ninth and one hundred and fifty-fourth degrees of east longitude, and northwards of the fortieth degree of south latitude, including all the islands adjacent in the Pacific Ocean within the longitudes and latitudes aforesaid, and also including Lord Howe Island, being in or about thirtyone degrees thirty minutes south, and the one hundred and fifty-ninth degree of east longitude, save and except those parts of Our said territory of Australia or New Holland which are called respectively "The State of South Australia," "The State of Victoria," and "The State of Queensland," in the said Commonwealth, and that appointments to the said Office shall be by Commission under Our Sign Manual and Signet. II. We do hereby authorise, empower, and command Our said Governor to do and execute all things that belong to his said Office, according to the tenor of these Our 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 now or shall hereafter be in force in the State. III. We do also by these Our Letters Patent declare Our will and pleasure as follows: Governor's powers and authorities. Commission. IV. Every person appointed to fill the Office of Governor Publication shall, with all due solemnity, before entering on any of the of Governor's duties of his Office, cause the Commission appointing him to be Governor to be read and published at the seat of Government, in the presence of the Chief Justice, or some other Judge of the Supreme Court of the State, and of the Members of the Executive Council thereof, which being done, he shall then and there take before them the Oath of Allegiance, in the form provided by an Act passed in the Session holden in the Thirtyfirst and Thirty-second years of Our Reign, intituled an Act to amend the Law relating to Promissory Oaths; and likewise the usual Oath for the due execution of the Office of Governor, Oaths to be 31 & 32 Vict. c. 72. Public Seal. Executive of. Grant of lands. Appointment of Judges, Justices, &c. Grant of pardons. and for the due and impartial administration of justice; which Oaths the said Chief Justice or Judge is hereby required to administer. V. The Governor shall keep and use the Public Seal of the State for sealing all things whatsoever that shall pass the said Public Seal, and until a Public Seal shall be provided for the State, the Great Seal formerly used for Our Colony of New South Wales shall be used as the Public Seal of the State. VI. There shall be an Executive Council for the State, and the said Council shall consist of such persons as were immediately before the coming into force of these Our Letters Patent Members of the Executive Council of New South Wales or as may at any time be Members of the Executive Council of Our said State in accordance with any law enacted by the Legislature of the State, and of such other persons as the Governor shall, from time to time, in Our name and in Our behalf, but subject to any Law as aforesaid, appoint under the Public Seal of the State to be members of Our said Executive Council for the State. VII. The Governor, in Our name and on Our behalf, may make and execute, under the said Public Seal, grants and dispositions of any lands which may be lawfully granted and disposed of by Us within the State. VIII. The Governor may 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 the State as may be lawfully constituted or appointed by Us. IX. When any crime or offence has been committed within the State, against the laws of the State, or for which the offender may be tried therein, the Governor may as he shall see occasion, in Our name and on Our behalf, grant a pardon to any Remission of accomplice in such crime or offence who shall give such in fines. Political offenders. Proviso. Banishment from State prohibited. Suspension or removal from office. formation as shall lead to the conviction of the principal offender, or of any one of such offenders if more than one; and further, may grant to any offender convicted in any Court of the State, or before any Judge, or other Magistrate of the State, within the State, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit; and further may remit any fines, penalties, or forfeitures due or accrued to Us: Provided always that the Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall absent himself or be removed from the State. X. The Governor may, so far as We Ourselves lawfully may, upon sufficient cause to him appearing, remove from his office, |