A.—No. 5.

6. And we do further Direct and Enjoin that you do Attend and Preside at the Meetings of Our said Executive Council, unless when prevented by some necessary or reasonable cause; and that in your Absence such Member as may be Appointed by you in that behalf, or, in the absence of any such Member, the Senior Member of the said Executive Council actually present shall Preside at all such meetings, the Seniority of the Members of the Council being regulated according to the Order of their respective Appointments as Members of Our said Council. 7. And We do further direct and Enjoin that a full and exact Journal or Minute be kept of all the Deliberations, Acts, Proceedings, Votes, and Resolutions of Our said Council, and that at each Meeting of the said Council the Minutes of the last Meeting be Read over, Confirmed, or Amended, as the case may require, before proceeding to the despatch of any other business. 8. And wo do hereby Direct and Enjoin that in the execution of the Powers and Authorities committed to you by Our said Commission, you do in all cases Consult with our said. Executive Council, Excepting only in cases which may be of such a nature that, in your judgment, Our Service would sustain material prejudice by Consulting Our Council thereupon, or when 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 you to act in respect of any such matters. Provided that in all such Urgent Cases you do subsequently, and at the earliest practicable period, communicate to the said Council the Measures which you may so have adopted, with the Eeasons thereof. 9. And "Wo do authorize you in your discretion, and if it shall in any case appear right, to act in the exercise of the power committed to you by Our said Commission, in Opposition to the Advice which may in any such case be given to you by the Members of Our said Executive Council. Provided Nevertheless, that in any such case you do fully report to Us by the first convenient opportunity every such Proceeding, with the Grounds and Reasons thereof. 10. And for the execution of so much of the Powers as are vested in you by the said recited Act of the Session holden in the Fifteenth and Sixteenth Tears of Our Reign, for Assenting to, Dissenting from, or Reserving for the signification of Our Pleasure, Bills which have been passed by the said Legislative Council and House of Representatives, We do, in the exercise of the powers in Us vested, by these Our Instructions under Our Sign Manual and Signet, Enjoin and Require you to guide yourself, as far as may be practicable, by the following Rules, Directions, and Instructions (that is to say). 11. You are as much as possible to observe in the passing of all Laws that each different matter be provided for by a different Law, without intermixing in one and the same Law such things as have no proper relation to each other, and that no Clause or Clauses be inserted in or annexed to any Act which shall be foreign to what the title of such Act imports, and that no Perpetual Clause be part of any Temporary Law. 12. If any Bill of either of the Classes hereinafter specified should be presented to you for Our Assent, you are (unless you should think proper to withhold Our Assent from the same) to Reserve the same for the signification of Our Pleasure thereon ; Subject, Nevertheless, to your discretion, in case you should bo of opinion that an Urgent Necessity exists requiring that such Bill be brought into Immediate Operation, in which case you are Authorized to Assent to such Bill in Our Name, transmitting to Us by the earliest opportunity the Bill so assented to, together with your reasons for assenting thereto, that is to say : (1.) Any Bill for the Divorce of Persons joined together in Holy Matrimony. (2.) Any Bill whereby any Grant of Land or Money or other Donation or Gratuity may be made to yourself. (3.) Any Bill whereby any Paper or other Currency may be made a Legal Tender, except the Coin of the Realm or other Gold or Silver Coin. (4.) Any Bill imposing Differential Duties. (5.) Any Bill the provisions of which shall appear Inconsistent with Obligations imposed upon Us by Treaty. (6.) Any Bill interfering with the Discipline or Control of our Forces in the Colony by Land and Sea. (7.) Any Bill of an Extraordinary Nature and Importance, whereby Our Prerogative, or the Rights and Property of Our Subjects not residing in the Colony, or the Trade and Shipping of the United Kingdom and its Dependencies, may be prejudiced. (8.) Any Bill containing Provisions to which Our Assent has been once refused, or which have been Disallowed by Us. 13. You shall take care that all Laws Assented to by You in Our Name, or Reserved for the Signification of Our Pleasure thereon, shall, when transmitted by you, be fairly Abstracted in the Margins, and be accompanied with explanatory Observations upon each of them, exhibiting the Reasons and Occasion for proposing such Laws, and you shall also transmit fair Copies of the Journals and Minutes of the Proceedings of the said Legislative Council and House of Representatives, which you are to require from the Clerks or other proper Officers in that behalf of the said Legislative Council and House of Representatives. 14. And "Whereas We have by Our said Commission Authorized and Empowered you as you shall see occasion, in Our Name and on Our Behalf, to grant to any Person Convicted of any Crime in any Court, or before any Judge, Justice, or Magistrate within Our said Colony, a Pardon either free or subject to lawful conditions : Now We do hereby Direct and Enjoin you 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 Colony to make to you a Written Report of the case of such Offender, and such Report of the said Judge shall by you be taken into consideration at the first Meeting thereafter which may be conveniently held, of Our said Executive Council, where the said Judge shall be Specially summoned to attend ; and you shall not Pardon or Reprieve any such Offender as aforesaid, unless it shall appear to you expedient so to do, upon receiving the Advice of Our Executive Council therein, but in all such cases you are to decide either to extend or to withhold a 2

Governor to Preside.

Journals andMinutea of Council to be kept.

G overnof to consult Executive Council.

Governor may act in opposition ti> Council.

Rules to bo observed in assenting to, dissenting from, or roserving Billg.

Different subject* nofc to be mixed in the same law.

Description of Bills to be reserved.

Laws sent home to have Marginal Abstracts, and to be accompanied by explanations and proceedings of Legislature in passing them.

Pardon Power, Kogulation of.

To take the Advice of the Council iv such cases; but may

5

TO SIR a L. BOWEN, G.C.M.G.