He is empowered to administer the appointed oaths to all persons, in office or not, whenever he may think fit, and particularly the oath of allegiance provided by 31 & 32 Vict. c. 72, s. 2. He has the power of granting or withholding his assent to any Bills which may be passed by legislative bodies, but he is required, in the case of certain Bills, to reserve them for the signification of His Majesty's pleasure or to assent to them only if they contain a clause suspending their operation until they are confirmed by the Crown.

He is on no account to absent himself from the Colony without His Majesty's permission. § 3. Councils and Assemblies.

14. Legislative Councils nominated by the Crown generally consist in part of the principal executive officers of the Colony and in part of private persons appointed by name; the former being termed Official, and the latter Unofficial Members.

15. Legislative Councils which are partly elected, generally consist of Official and Nominated Members, appointed as in the preceding regulation, and of members elected by the inhabitants of the Colony.

16. The numbers respectively of Official, Unofficial or Nominated, and Elected Members are prescribed by the Letters Patent and Instructions to Governors.

17. When a vacancy occurs by the death, resignation, or otherwise, of a Legislative Councillor appointed by name, the Governor may in general appoint provisionally to such vacancy until His Majesty's pleasure be known.

18. Every law, vote or resolution the object or effect of which may be to dispose of or charge public revenue must be proposed by the Governor or with his consent.

19. A law comes into operation immediately on receiving the Governor's assent, unless some other date is prescribed by the law itself. The Crown, however, retains power to disallow it, and if this power be exercised the law ceases to have operation from the date at which notification of such disallowance is published in the Colony.

20. His Majesty's pleasure with regard to a law is signified through a Secretary of State, or by Order in Council where the constitution of a Colony so prescribes.

21. A law passed in a particular year by a Colonial Legislature should, unless reserved for the signification of His Majesty's pleasure, receive the Governor's assent in that year. In the absence of any legal provision to the contrary, it should be dated as of the day on which assent is given and numbered as of the year in which it is passed, whether it comes into operation immediately upon enactment or contains a provision postponing its operation to some future date. A law not assented to by the Governor but reserved by him for the signification of His Majesty's pleasure should be dated as of the day, and numbered as of the year, in which it is brought into force by public notification in the Colony.

22. In Colonies possessing responsible government the Governor is empowered to appoint and remove members of the Executive Council, it being understood that Councillors who have lost the confidence of the local legislature will tender their resignation to the Governor or discontinue the practical exercise of their functions in analogy with the usage prevailing in the United Kingdom. 23. In other Colonies the Executive Council consists of certain principal officers of the Government with or without the addition of unofficial members. These Executive Councillors are either the holders of offices specified in the Governor's instructions or persons appointed in pursuance either of a Royal Warrant or of instructions from the Crown signified through a Secretary of State. The Governor may in cases of vacancies make provisional appointments, subject to the confirmation of the Crown. Members of the Executive Council can be dismissed by the Crown alone, but in case of urgency may be suspended by the Governor, who must, however, at once report fully to the Secretary of State the grounds of his action.

24. In such Colonies the Executive Council has the duty of assisting the Governor with its advice, and the Governor is required by his instructions to consult the Council in all matters of importance, except in cases of urgency (when it is his duty at the earliest practicable period to communicate to the Council the measures which he may have adopted with the reasons therefor), and in cases of such a nature that in his judgment the King's service would sustain material prejudice by consulting the Council thereon. Unless otherwise provided in any particular case by law or by his instructions, the Governor may act in opposition to the advice of the Council, but he is then required to report the reasons for his action to the Secretary of State by the first convenient opportunity.

CHAPTER II.-OFFICERS.

25. The regulations in Chapter II. do not apply to any officer in a Colony under responsible government except to the Governor in his relation to the Crown.

§ 4. Appointments.

26. The regulations as to appointment to public offices are directions given by the Crown to the Governors for general guidance, and do not constitute a contract between the Crown and its servants. 27. Appointments to public offices are made by authority of His Majesty, and such offices, as a rule, are held during His Majesty's pleasure, but in some few cases are held during good behaviour.

28. The general rule is that appointments to public offices are made by letter signed by the Governor or written by his direction, except in the case of Judges of the Supreme Court, who are appointed in His Majesty's name by an instrument under the Public Seal of the Colony. This rule applies equally whether the appointments be provisional or definitive.

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29. Public offices are divided into three classes :

Class I. Those of which the initial emoluments do not exceed one hundred pounds per

annum.

Class II. Those of which the initial emoluments exceed one hundred and do not exceed three hundred pounds per annum.

Class III. Those of which the initial emoluments exceed three hundred pounds per annum. 30. When a vacancy occurs in Class I. the Governor makes the appointment and reports it to the Secretary of State in the next quarterly return as prescribed by Regulation 397.

31. When a vacancy occurs in Class II. the Governor reports it immediately to the Secretary of State together with the name and qualifications of the person, if any, whom he recommends for appointment. The Governor's recommendation is usually followed.

32. The powers of the Governor under the two preceding regulations do not extend to the appointment or provisional appointment of a person not resident in the Colony.

33. When a vacancy occurs in Class III. the Governor follows the same course as to reporting it, but he is distinctly to inform any person whom he may provisionally appoint that he holds the office only until his appointment is confirmed or superseded under directions from the Secretary of State. The Governor may recommend a candidate for the final appointment, but it must be clearly understood that the Secretary of State may select another candidate.

34. In reporting a vacancy in Class III. or in reporting the creation of any office in that class, the Governor will furnish in duplicate, in the form given in Appendix 1, full particulars respecting the nature and incidents of the office.

35. In the selection of candidates for vacancies in Classes II. and III. the claims of meritorious public officers, whether in the service of the same Colony or of some other Colony, will generally take precedence of those of persons new to the public service. In the case of the chief judicial and chief fiscal offices local connection with the Colony by birth, family ties or otherwise will usually be considered to render a candidate ineligible.

36. The Governor will make annually a confidential report on the qualifications of persons in the public service who apply or are fitted for promotion otherwise than in their own department whether in the Colony or elsewhere, and on all officers on the active list of the Army seconded for employment in the Colony, on whom reports are not made to the War Department direct.

The Governor will make a similar report in the case of persons resident in the Colony when such persons apply through him to the Secretary of State for employment in the public service.

37. The claims of candidates for promotion will be considered in order of their seniority, but the selection will be mainly decided by regard to official qualifications. Seniority in any Department is determined by the date of an officer's appointment to the particular grade or class in which he is serving. Seniority as between officers appointed on probation and subsequently confirmed in their appointments is determined by the date of the probationary appointment. Except where otherwise provided at the time of appointment, seniority as between persons selected for appointment from outside the Colony is determined by the date at which they begin to draw any salary of their new office or, where two or more begin to draw such salary on the same date, by the date of the letter from the Colonial Office confirming the selection.

38. Appointments, provisional or permanent, of gentlemen who have been connected with the Governor as private secretaries, Aides-de-Camp or otherwise are open to objection, and must not be made without previous reference to the Secretary of State.

39. Whenever an officer of His Majesty's Imperial Forces who is on the half-pay or retired list is appointed to a civil situation in any Colony, a report of the appointment specifying the amount of salary and the commencing date for payment thereof is to be made immediately to the Secretary of State for the Colonies, which will be transmitted by him to the proper authorities in this country. Promotions in the Civil Service of such officers are also to be notified forthwith to the Secretary of State for the Colonies for the information of the respective authorities.

§ 5. Discipline.

40. Salaried public officers whose remuneration is fixed on the assumption that their whole time is at the disposal of the Government are prohibited from engaging in trade, or employing themselves in any commercial or agricultural undertaking.

41. All salaried public officers, whether or not their whole time is at the disposal of the Govern ment, are prohibited from directly or indirectly making or holding any local investment, speculating in the shares of, or being connected with any company, occupation or undertaking, which might bring their private interests into real or apparent conflict with their public duties, or in any way influence them in the discharge of their duties. In all cases of doubt as to the application of this regulation a public officer is required to submit the case for the Governor's decision."

42. No public officer on leave of absence is permitted to accept any paid employment without previously obtaining the express sanction of the Secretary of State or, if his leave is spent in the Colony, of the Governor.

43. No public officer is to undertake any private agency in any matter connected with the exercise of his public duties.

44. No public officer can be permitted to be the editor of a newspaper or directly or indirectly to take part in the management of it. He may not contribute anonymously to any newspaper in the Colony or elsewhere nor may he write on questions which can properly be called political or administrative, though he may furnish signed articles upon subjects of general interest.

45. No public officer, whether on duty or on leave of absence, is to allow himself to be interviewed on questions of public policy or on matters affecting the defence and military resources of any British possession.

46. Governors, Lieutenant-Governors, and all other servants of the Crown in a Colony are prohibited during the continuance of their service in the Colony from receiving valuable presents (other than the ordinary gifts of personal friends), whether in the shape of money, goods, free passages or other personal benefits, and from giving such presents.

This regulation applies not only to the officers themselves, but also to their families, and officers will be held responsible for its observance by their families. It is not intended to apply to cases of remuneration for special services rendered and paid for with the consent of the Government.

Money which has been subscribed with a view of marking public approbation of an officer's conduct may be dedicated to objects of general utility and connected with the name of the person who has merited such a proof of the general esteem.

47. Presents from kings, chiefs or other members of the native population in or neighbouring to the Colony, which cannot be refused without giving offence, will be handed over to the Government. When presents are exchanged between Governors or other officers acting on behalf of the Colonial Government in ceremonial intercourse with native kings, chiefs, or others, the presents received will be handed over to the Government, and any return presents will be given at the Government expense. 48. Governors will not without special permission accept or forward any articles for presentation to His Majesty.

49. Holders of patent offices may be removed from such offices by the Governor and Council under the second section of the Act 22 Geo. 3, c. 75, but care must be taken that the officer is heard after being apprised of the charge against him, and it is convenient that the course prescribed in case of suspension should be pursued in any proceedings for removal. Against any such removal an appeal lies to His Majesty in Council, which should be prosecuted like any other appeal.

50. Every other public officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required.

51. An officer who has not been appointed by virtue of a Warrant from the Crown, and whose pensionable emoluments do not exceed £100 a year, may be dismissed by the Governor, provided that in every such case where the officer has not been convicted on a criminal charge the grounds of intended dismissal are definitely stated in writing, and communicated to the officer in order that he may have full opportunity of exculpating himself, and that the matter is investigated by the Governor with the aid of the head of the department.

If such an officer is convicted on a criminal charge, the Governor may call for the records of the trial and form his decision thereon, with the assistance if necessary of the officer who tried the case. In lieu of dismissal the Governor may remove the officer to an office of lower rank in the service, or may require him to serve in his original office at a reduced salary, either permanently or for a stated period, or may deduct a portion of salary due, or about to become due, to the officer. Such dismissal or other punishment will not require the confirmation of the Secretary of State, but any memorial from the dismissed officer must be forwarded to the Secretary of State without delay with a short statement of the grounds of dismissal or other punishment.

52. Notwithstanding the above provisions, if the Governor considers that any such officer should be removed on grounds of general inefficiency, he must call for a full report from the heads of the departments in which the officer has served; and, if satisfied after considering that report that it is necessary in the interests of the public service, he may remove the officer. In every such case the question of pension will be dealt with under the laws or regulations of the Colony.

53. In the case of any officer whose pensionable emoluments exceed £100 a year, the Governor may suspend him from the exercise of his office and from the enjoyment of his salary, in which case the following regulations (54 to 71) must be strictly observed, unless the mode of suspension is otherwise provided for by local law.

54. The Governor shall signify to the officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state in writing before a day to be specified (which day must allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself. 55. If the officer does not furnish such statement within the time fixed by the Governor, or if he fails to exculpate himself to the satisfaction of the Governor, the Governor shall cause the officer to be informed that on a specified day the question of his suspension will be brought before the Executive Council, and that he will be allowed and, if the Council so determine, required to appear before the Council and defend himself orally.

56. For the purpose of the inquiry the Governor will appoint a Committee consisting of the Attorney-General as chairman and two other members of the Executive Council. If the head of the officer's department is a member of the Council, he will be one of the members of the Committee. 57. If witnesses are examined by the Committee, the officer must be allowed the opportunity of being present, and of putting questions on his own behalf. The officer must also be given a copy of any documentary evidence that is to be used against him, and that has not been already furnished to him.

58. The Council will not itself hear witnesses unless under special circumstances and at its own discretion but if upon considering the report of the Committee the Governor in Council should consider that the inquiry ought to be amplified in any respect, he may refer any point back to the Committee for further evidence if necessary, and then decide upon their report.

59. If in the course of the inquiry further grounds of suspension are disclosed, the Governor, if he thinks fit to proceed upon such grounds, shall furnish the officer with a written statement thereof, and shall take the same steps as are above prescribed in respect of the original grounds of suspension.

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60. If in any case the Governor considers that the interests of the public service require that an officer should cease to exercise the powers and functions of his office instantly, or before the proceedings above prescribed can be completed, he may at once interdict the officer from the exercise of the powers and functions of his office. Until proceedings have been taken for the suspension of an interdicted officer he shall in all cases be allowed to receive such proportion of the salary of his office, not being less than one-half, as the Governor shall think fit; but no such officer may be formally suspended from his office or deprived of his whole salary, except upon such formal proceedings as are above prescribed, which must in all cases be taken with as little delay as possible. If such proceedings do not result in the suspension or other punishment of the officer, he will be entitled to the full amount of salary which he would have received if he had not been interdicted.

61. If upon considering the report of the Committee the Governor is of opinion that the officer deserves punishment, but not the full penalty of suspension, he may remove the officer to an office of lower rank in the service or may require him to serve in his original office at a reduced salary, either permanently or for a stated period, or may deduct a portion of salary due or about to become due to the officer. The Governor-in-Council may, if necessary, refer any point back to the Committee for further inquiry or evidence.

62. If the officer is suspended or otherwise punished as above mentioned, the Governor shall, without loss of time, report the matter to the Secretary of State for approval and confirmation, transmitting the minutes of Council, the report of the Committee, the written statements and all material documents relating to the case. If the officer is suspended, the Governor shall at the same time transmit the usual return required in the case of a vacancy.

63. If the suspension is not confirmed by the Secretary of State, and no other punishment is awarded, the officer will be entitled to the full amount of salary which he would have received if he had not been interdicted or suspended, even though the officer discharging the functions of the office in the meantime has been allowed to receive some portion of the salary of the office.

64. If the officer is suspended, the Secretary of State, instead of confirming the suspension, may direct the Governor to subject the officer to one of the lesser punishments above mentioned; or if, in lieu of suspension, the officer has been so punished by the Governor, the Secretary of State may direct the Governor to reduce or to increase the punishment already awarded.

65. If the suspension is confirmed by the Secretary of State, the Governor shall forthwith cause the officer to be so informed, and thereupon his office shall become vacant.

66. If the suspension is confirmed by the Secretary of State, all salary will cease from the day of suspension. Pending the decision of the Secretary of State, the Governor, with the advice of the Executive Council, may grant an alimentary allowance to an officer who has been suspended, and who appears urgently to need such assistance.

67. An officer whose suspension is confirmed by the Secretary of State forfeits all claim to a retiring allowance, even though he should have paid contributions towards such allowance.

68. If criminal proceedings are instituted against a public officer proceedings for his suspension upon any grounds involved in the criminal charge shall not be taken pending the criminal proceedings.

69. If an officer is convicted on a criminal charge the Governor may cause the proceedings of the Criminal Court on such charge to be laid before the Executive Council, and if the Council are of opinion that the officer should be suspended on account of the offence for which he has been convicted, he may thereupon be suspended without taking any of the proceedings above prescribed, but his suspension must be reported to the Secretary of State for approval and confirmation.

70. An officer acquitted of a criminal charge is not thereby rendered exempt from suspension on account of his conduct in the matter; and the Governor, if he thinks fit, may take the usual proceedings for the purpose.

71. An officer who is under suspension may not leave the Colony during the interval before he is reinstated or dismissed without the leave of the Governor.

72. Any officer, whether under suspension or not, who is absent from the Colony without leave will be held to have thereby vacated his office.

72A. An officer convicted on a criminal charge shall not be allowed to receive any salary from the date of sentence, pending consideration of his case by the Governor, and, if required, by the Secretary of State.

73. Notwithstanding the above provisions, if the Governor considers that an officer whose pensionable emoluments exceed £100 a year should be removed on grounds of general inefficiency which cannot properly be dealt with by specific charges under the foregoing rules, he must submit a full report upon the case to the Secretary of State, forwarding statements from the heads of the departments in which the officer has served; and if the Secretary of State is satisfied that the officer's removal is necessary in the interests of the public service it will be carried into effect by an intimation to the Governor that it is the pleasure of the Crown that the officer should no longer hold his office. In every such case the question of pension will be dealt with under the laws or regulations of the Colony.

§ 6. Salaries.

74. On appointment to an office of a person not within the Colony, half salary, if available, will be allowed as a general rule from the date of embarkation, and full salary, if available, from the date of arrival in the Colony, provided that the officer proceeds direct to the Colony to which he is appointed; otherwise he will be allowed to draw half salary for such time only as is ordinarily required to perform the journey between the point of embarkation and that of arrival in the Colony.

75. No advance of salary is allowed to officers either on first appointment or on leave of absence, except in special cases to be determined by the Secretary of State. Collateral security will be required when the advance exceeds a month's salary. The security of another officer serving in the same Colony as the applicant will not be accepted.

76. If an office be vacated in a Colony by the death, removal or absence on half-pay leave of the holder, the person appointed by the Governor to act in his stead will receive half the initial salary of the office. Should that person be the holder of another office, but not performing the duties of it while so acting, he may receive in addition half the initial salary of his own office and all the increments which he has earned in that office.

77. Should the person so appointed by the Governor to a vacant office be required at the same time to perform the duties of his own office, he may be allowed half the initial salary of the temporary office together with the whole salary of his own office; but no person should be appointed to discharge at the same time the duties of two distinct offices whenever any other arrangement may be practicable; and unless the offices are distinct and separate offices in different departments of the service, or offices not standing to one another in any intimate relation of superiority and subordination, such as two Magistracies, only half salary of each office can be allowed or the officer's own salary if that be greater.

78. The fees of the vacant office (in the absence of any regulation to the contrary) will be paid into the Colonial Treasury, and the Treasury will pay the acting officer one moiety with such further amount as the Governor shall consider advisable in case the services performed are of a special character or involve outlay.

79. Should the officer whom the Governor has appointed temporarily to a vacant office be confirmed therein, he will be entitled to draw the full salary of that office, if available, from the date at which he entered on the duties, but from the date from which he draws such full salary he will not be entitled to salary on account of any other office which he may have held at the same time.

79A. An officer who is promoted in ordinary course in the Colony in which he is serving should, in the absence of any statutory provision to the contrary, receive the salary of his new scale, grade, or appointment, if it be available, as from the date when the vacancy occurred in the superior post, whether he be in the Colony or on leave of absence at the date in question.

80. When the salary of an officer is on an incremental scale the holder is not entitled to draw any increment as of right but only by sanction of the Governor. In the case of a subordinate officer a certificate is required from the head of his department that he has discharged his duties with diligence and fidelity.

81. Service for increments is to be reckoned from the day on which an officer first begins to draw any salary of his office. In the case where the salary drawn by the officer at the time of promotion is not less than the minimum salary of his new office he will continue to draw his former rate of salary in his new office; and the period qualifying for the first increment is to be reckoned from the date at which he began to draw that rate of salary. His first increment will be of such amount as will bring his salary to the next incremental step in the scale of the salary of the new office.

When a duty allowance is attached to the new office, it is included with the salary for the purpose of this regulation.

82. The grant of pensions and retiring allowances is governed by the laws or regulations of the Colony concerned. The rates of pension vary in different Colonies, but the general principle is that the pension is based on the length of service and on the average salary drawn during the last three years of service, the maximum being two-thirds of final salary. In the case of officers who have served in more than one Colony a separate pension is awarded from each Colony based in most cases on the length of service in that Colony and the final salary drawn in that Colony; but in certain groups of Colonies the officer receives a total pension of the same amount as if the whole of his service had been in the Colony from which he finally retires. Commutation of pensions is not allowed.

§ 7. Leave of Absence.

83. The following regulations (84 to 102) apply to all public officers (other than Governors) except to (a) Officers in East Africa, who are subject to special regulations;

(6) European Officers in West Africa, to whom the regulations in Section 10 of this Chapter apply; they are subject, however, to regulations 88, 89, 93, 94 and 99;

(c) Native Officers in certain Colonies to whom special local rules are applicable.

84. Subject to the necessities of the service, leave of absence on half pay may be granted without any special grounds after six years' resident service from first appointment in the Colony. It may be given after a less duration of service in cases of serious indisposition, or of urgent private affairs, if the Governor is satisfied that the indulgence is indispensable. In cases of serious indisposition the state of the officer's health must be certified by his medical attendant or, if required by the Governor, by a medical board. In cases of urgent private affairs the nature of such urgent affairs must be stated confidentially to the Governor.

85. In the absence of special grounds half-pay leave must not exceed one-sixth of the officer's resident service in the Colony. On special grounds it may exceed that period by six months.

86. Half-pay leave is primarily intended to enable an officer to recruit his health by change of climate, and it must not be granted to be spent in the Colony except in special circumstances.

87. The Governor may not in any case grant more than twelve months' half-pay leave, but may report to the Secretary of State the period for which the leave may be extended without injury to the public service. The officer seeking an extension must apply to the Secretary of State in sufficient time, if practicable, to allow of reference to the Colony. Leave will not be extended as a matter of course nor unless public convenience permits.

88. When an officer receives, in addition to the salary of his appointment, an allowance granted to himself personally, and not permanently attached to his office, he may, when absent on half-pay leave, draw only half of such personal allowance, the remaining moiety being left undrawn and lapsing to the Colonial Treasury. The undrawn moiety of the increments of salary of the absent officer will similarly lapse.