LETTERS PATENT

Passed under the Great Seal of the United Kingdom, in regard to the absence of the Governor of Newfoundland from the Colony or seat of Government thereof.

[Dated 17th July 1905.]

EDWARD THE SEVENTH, by the Grace of GOD of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India; To all to whom these presents come, Greeting:

WHEREAS by certain Letters Patent passed under the Great Seal of Our United Kingdom of Great Britain and Ireland bearing date at Westminster the Twenty-eight day of March 1876, Her late Majesty Queen Victoria did constitute, order and declare that there should be a Governor and Commander-in-Chief (therein and hereinafter called "Our said Governor") in and over Our Island of Newfoundland with its Dependencies (therein and hereinafter called "Our said Colony"):

And whereas by the Eleventh Clause of the aforesaid Letters Patent certain provision was made with reference to the absence of Our said Governor from Our said Colony:

And whereas We are minded to make further provision in regard to the absence of Our said Governor from Our said Colony, and also to provide for his absence from the seat of Government thereof:

Now know ye that We do hereby declare Our Will and Pleasure, and direct and ordain as follows:--

I. The aforesaid Eleventh Clause of the aforesaid Letters Patent of the Twenty-eighth day of March 1876 is hereby repealed and revoked, but without prejudice to anything done thereunder. And the aforesaid Letters Patent shall henceforth be construed and take effect as if, instead of the said Eleventh Clause the following Clause had been inserted therein:--

"XI. In the event of the death, incapacity, removal, or absence of Our said Governor out of Our said Colony, all and every the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be, and the same are hereby vested in such person as may be appointed by Us, under Our Sign Manual and Signet, to be Our Lieutenant-Governor of Our said Colony, or if there shall be no such Lieutenant-Governor in Our said Colony, then in such person as may be appointed by Us under Our Sign Manual and Signet to administer the Government of the same; and in case there shall be no person or persons within Our said Colony so appointed by Us, then in the President for the time being of Our said Colony.

"Provided that, in the event of Our said Governor having occasion to be temporarily absent for a short period from the seat of Government, or from Our said Colony for the purpose of visiting Our Dominion of Canada on public business, he may in every such case by an Instrument under the Public Seal of Our said Colony, constitute and appoint Our Lieutenant-Governor, or if there be no such Officer or if such Officer be absent or unable to act, than any other person, to be his Deputy during such temporary absence, and in that capacity to exercise, perform, and execute for and on his behalf during such absence, but no longer, all such powers and authorities vested in Our said Governor, by these Our Letters Patent, as shall in and by such Instrument be specified and limited, but no others. Every such Deputy shall conform to and observe all such instructions as Our said Governor shall from time to time address to him for his guidance. Provided, nevertheless, that by the appointment of a Deputy as aforesaid, the power and authority of Our said Governor shall not be abridged, altered, or in any way affected, otherwise than We may at any time hereafter think proper to direct. Provided further that if any such Deputy shall have been duly appointed it shall not be necessary during the continuance in office of such Deputy for any person to assume the Government of Our said Colony as Administrator thereof."

II. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem meet.

III. And We do further direct and enjoin that these Our Letters Patent shall be proclaimed at such place or places within Our said Colony as Our said Governor shall think fit.

In Witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Seventeenth day of July, in the Fifth Year of Our Reign.

By Warrant under the King's Sign Manual.

MUIR MACKENZIE