Royal Warrant - For Letters Patent amending the Letters Patent Constituting the Office of Governor of Fiji [1952-03-20]

Royal Warrant - For Letters Patent amending the Letters Patent Constituting the Office of Governor of Fiji [1952-03-20]

Great Seal

Colonies

Royal Warrant of Queen Elizabeth II directing the Lord Chancellor to pass Letters Patent under the Great Seal of the Realm amending the Letters Patent constituting the office of Governor of Fiji.

Queen Elizabeth II

C 83/593

1952-03-20

T. Onslow

Great Seal Act 1884 but the resulting Letters Patent are a prerogative instrument.

Fiji

(Sgd.) Elizabeth R

George the Sixth Elizabeth the Second by the Grace of God of Great Britain Ireland and the British Dominions beyond the Seas King Queen Defender of the Faith To Our right trusty and well beloved Counsellor Gavin Turnbull Baron Simonds

Our Chancellor of Great Britain Greeting: Whereas by an Order in Council dated the tenth day of March One thousand nine hundred and fifty-two We were pleased by and with the advice of Our Privy Council to order that Our right trusty and well beloved Counsellor Oliver Lyttelton one of Our Principal Secretaries of State should cause a Warrant to be prepared for Our Royal Signature for passing under the Great Seal of Our Realm Letters Patent amending the Letters Patent of the 2nd April 1937 constituting the Office of Governor and Commander-in-Chief of Our Colony of Fiji

in conformity with a draft annexed to the said Order in Council as from the said Order in Council hereto attached more fully appears We Will and Command that under the Great Seal of Our Realm remaining in your custody you cause Our Letters to be made forth Patent in the form of the said draft annexed to the said Order in Council of the tenth day of March One thousand nine hundred and fifty-two.

In Witness &c. Witness &c.

GIVEN at Our Court at St. James’s the twenty-second day of March One thousand nine hundred and fifty-two in the First year of Our Reign.

BY HIS MAJESTY’S COMMAND BY HER MAJESTY’S COMMAND

(Sgd.) Oliver Lyttelton

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY

This contains a Warrant to the Lord High Chancellor to pass Letters Patent under the Great Seal whereby Your Majesty is pleased to amend the Letters Patent of the 2nd April 1937 constituting the Office of Governor and Commander-in-Chief of Your Majesty’s Colony of Fiji.

And this Warrant is prepared according to Your Majesty’s Royal Command.

Signified by Mr. Secretary Lyttelton
NAPIER
Clerk of the Crown in Chancery.

Received the 22nd
day of March, 1952.

(Sgd.) Simonds C.

Page 2

AT THE COURT AT CLARENCE HOUSE
The 10th day of March, 1952

Present
THE QUEEN’S MOST EXCELLENT MAJESTY
IN COUNCIL

Whereas there was this day read at the Board a letter to the Lord President of the Council from the Right Honourable Oliver Lyttelton, one of Her Majesty’s Principal Secretaries of State, transmitting the Draft of Letters Patent amending the Letters Patent of the 2nd April, 1937, constituting the office of Governor and Commander-in-Chief of the Colony of Fiji and providing for the Government thereof:

Her Majesty, having taken the same into consideration, was pleased, by and with the advice of Her Privy Council, to approve thereof, and to order, as it is hereby ordered, that the Right Honourable Oliver Lyttelton, one of Her Majesty’s Principal Secretaries of State, do cause a Warrant to be prepared for Her Majesty’s Royal Signature, for passing under the Great Seal Letters Patent conformable to the said draft (which is hereunto annexed).

(Sgd.) F. J. Fernau

Page 3

ELIZABETH THE SECOND, by the Grace of God of Great Britain, Ireland and the British Dominions beyond the Seas Queen, Defender of the Faith.

To all whom these Presents shall come, Greeting!

Whereas by Letters Patent under the Great Seal dated the second day of April 1937 (hereinafter called “the principal Letters Patent”), as amended by like Letters Patent dated the first day of February, 1943, the nineteenth day of May, 1944, the thirtieth day of January, 1947, and the seventh day of April, 1951, provision is made constituting the Office of Governor and Commander-in-Chief in and over Our Colony of Fiji (hereinafter called “the Colony”) and for the Government thereof:

And Whereas We are minded to amend the principal Letters Patent in the manner hereinafter set forth:

NOW KNOW YE that We do declare Our will and pleasure as follows:—

Short title, construction and commencement

1.—(1) These Letters Patent may be cited as the Fiji Letters Patent, 1952; they shall be construed as one with the principal Letters Patent; and these Letters Patent and the recited Letters Patent may be cited together as the Fiji Letters Patent, 1937 to 1952.

(2) These Letters Patent shall be proclaimed in such manner and at such places within the Colony as the Governor shall think fit, and shall come into operation on the first day of April, 1952.

Amendment of Article 1 of the principal Letters Patent

2. Article 1 of the principal Letters Patent is hereby amended by the insertion therein immediately after the definition of the expression “the Colony” of the following definition:—

“’The Dependencies’” means the Islands of Pitcairn, Henderson, Ducie and Oeno.”

Replacement of Article 7 of the principal Letters Patent

Appointment of Deputies to Governor

7.—(1) Whenever the Governor—
  (a) has occasion to be absent from the seat of Government but not from the Colony; or
  (b) has occasion, for a period which he has reason to believe will be of short duration, to be absent from the Colony for the purpose of visiting the Dependencies of the Kingdom of Tonga or of visiting the Governor-General of the Commonwealth of Australia, the Governor-General of New Zealand, or the Governor of any Australian State, or for the proper performance of his duties as Senior Commissioner for the United Kingdom on the South Pacific Commission; or

Page 4

(c) by reason of illness which he has reason to believe will be of short duration, considers it desirable so to do;
he may, by an Instrument under the Public Seal of the Colony, appoint any person or persons to be his Deputy or Deputies within the Colony or any part or parts thereof, and in that capacity to exercise and perform for and on behalf of the Governor during such illness or absence, all such powers and functions vested in the Governor as shall be specified in such Instrument.

(2) By the appointment of a Deputy or Deputies as aforesaid, the power and authority of the Governor shall not be in any way affected otherwise than as We may at any time hereafter think proper to direct; and every such Deputy shall conform to and observe all such instructions as the Governor shall from time to time address to him for his guidance.

(3) Any appointment under this Article may at any time be revoked by the Governor or the Secretary of State and, in the case of absence as aforesaid, shall cease and determine upon the return of the Governor to the seat of Government or to the Colony, as the case may be."

Power to revoke or amend

4. We do hereby reserve to Ourselves, Our Heirs and Successors, full power and authority from time to time to revoke, and alter or amend these Letters Patent as to Us or Them shall seem fit.

In witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster the ______ day of ______ 1952, in the First Year of Our Reign.

BY WARRANT UNDER THE QUEEN’S SIGN MANUAL

Oliver Lyttleton (Secretary of State for the Colonies)

Black Privy Council seal is on p. 2.

Black and white Royal Arms at the top.

Royal name is in Gothic type.

Details have been filled in by hand.

There are two instruments attached to the Royal Warrant by black ribbon:

1. An Order in Council approving the draft Letters Patent.
2. The draft Letters Patent themselves.

Letters Patent appointing colonial governorships were laid before the Monarch at a meeting of the Privy Council. The Order approving the text would instruct the Colonial Secretary to prepare the necessary Royal Warrant to pass the instrument under the Great Seal.