or in whole, or to make and declare such order and resolution for adopting and carrying the measure so proposed or agitated into execution, as the said governor-general or such governors in their respective councils shall think fit and expedient; which said last-mentioned order and resolution so made and declared shall be signed as well by the said governor-general or by the governor so making and declaring the same as by all the other members of the council then present, and shall, by force and virtue of this Act, be as effectual and valid to all intents and purposes as if all the said other members had advised the same or concurred therein; and the said members in council, and all officers civil and military, and all other persons concerned, shall be and they are hereby commanded, authorized, and enjoined to be obedient thereto, and to be aiding and assisting in their respective stations in the carrying the same into execution. '48. And . . . that the governor-general or governor who shall declare and command any such order or resolution to be made and recorded without the assent or concurrence of any of the other members of council shall alone be held responsible for the same and the consequences thereof. '49. Provided always . . . that nothing in this Act contained shall extend or be construed to extend to give power to the said GovernorGeneral of Fort William in Bengal, or to either of the said governors of Fort Saint George and Bombay respectively, to make or carry into execution any order or resolution which could not have been lawfully made and executed with the concurrence of the councils of the respective Governments or presidencies, anything herein contained to the contrary notwithstanding.' The Government of India Act, 1870 (33 & 34 Vict. c. 3, s. 5), enacts that 'Whenever any measure shall be proposed before the GovernorGeneral of India in Council, whereby the safety, tranquillity, or interests of the British possessions in India, or any part thereof, are or may be, in the judgement of the said governor-general, essentially affected, and he shall be of opinion either that the measure proposed might be adopted and carried into execution, or that it ought to be suspended or rejected, and the majority in council then present shall dissent from such opinion, the governor-general may, on his own authority and responsibility, suspend or reject the measure in part or in whole, or adopt and carry it into execution; but in every such case two members of the dissentient majority may require that the said suspension, rejection, or adoption, as well as the fact of their dissent, shall be notified to the Secretary of State for India; and such notification shall be accompanied by copies of the minutes (if any) which the members of the council shall have recorded on the subject.' This enactment practically supersedes, but does not expressly repeal, the enactments in the Act of 1793, but does not apply to the Governments of Madras and Bombay. It was under the enactment of 1870 that Lord Lytton acted in March, 1879, when he exempted certain imported cotton goods from customs duty. for ap dent of 45.-(1) Whenever the Governor-General in Council de- Provision clares that it is expedient that the governor-general should pointment visit any part of India, unaccompanied by his council, the of presiGovernor-General in Council may appoint some member council. of the council to be president of the governor-general's Vict. c. council during the time of the visit. (2) The president of the governor-general's council has, during his term of office, the powers of the governorgeneral at ordinary meetings of the governor-general's council (a). (a) The object of this section is to make provision for the current business of Government during the temporary absence of the governorgeneral. The last occasion on which it was put in force was Lord Dufferin's visit to Burma after the annexation of Upper Burma. In such cases the governor-general retains his own powers under s. 47 (1). This power is not exercised on the occasion of the viceroy's ordinary annual tour. [24 & 25 67, s. 6.] for ab 46. If the governor-general, or the president of the Provision governor-general's council, is obliged to absent himself from sence of any ordinary meeting of the governor-general's council by governorgeneral, indisposition, or any other cause, and signifies his intended or president, from absence to the council, the senior ordinary (a) member for meetings the time being present at the meeting presides thereat, with [24 & 25 the like powers as the governor-general would have had, if Vict. c. present. Provided that if the governor-general, or president, is at the time resident at the place where the meeting is assembled, and is not prevented by indisposition from signing any act of council made at the meeting, the act requires his signature; but if he declines or refuses to sign it, the like provisions have effect as in cases where the governor-general, when present, dissents from a majority of the meeting of the council (b). (a) The word 'ordinary' is not in the Act of 1861, but is probably implied. (b) See s. 44. of council. 67, s. 7.] governor 47.—(1) In any case where a president of the council Powers of may be appointed, the Governor-General in Council may general in absence from Council. [33 Geo. III, c. 52, ss. 54, 55. 24 & 25 Vict. c. 67, s. 6.] by order authorize the governor-general alone to exercise, in his discretion, all or any of the powers which might be exercised by the Governor-General in Council at ordinary meetings (a). (2) The governor-general during absence from his council may, if he thinks it necessary, issue, on his own responsibility, any order which might have been issued by the GovernorGeneral in Council to any local Government, or to any officers or servants of the Crown acting under the authority of any local Government, without previously communicating the order to the local Government, and any such order is of the same force as if made by the Governor-General in Council, but a copy of the order must be sent forthwith to the Secretary of State in Council and to the local Government, with the reasons for making the order. (3) The Secretary of State in Council may by order suspend until further order all or any of the powers of the governorgeneral under the last foregoing sub-section, and those powers will accordingly be suspended as from the time of the receipt by the governor-general of the order of the Secretary of State in Council (b). (a) This provision supplements s. 45. (b) The provisions of sub-sections (2) and (3) are reproduced from ss. 54 and 55 of the Act of 1793 (33 Geo. III, c. 52). But those sections were enacted in circumstances very different from those of the present time, and are practically superseded by the enactment reproduced in sub-section (1). War and Treaties. Restriction on General in 48.-(1) (a) The Governor-General in Council may not, power of without the express command of the Secretary of State in Governor- Council, in any case (except where hostilities have been Council actually commenced, or preparations for the commencement of hostilities have been actually made against the British Government of India or against any prince or State dependent thereon, or against any prince or State whose territories His Majesty has engaged by any subsisting treaty to defend or to make war or treaty. 8. 42.] guarantee) either declare war or commence hostilities or enter into any treaty for making war against any prince or State in India, or enter into any treaty for guaranteeing the possessions of any such prince or State. (2) In any such excepted case the Governor-General in Council may not declare war or commence hostilities or enter into a treaty for making war against any other prince or State than such as is actually committing hostilities or making preparations as aforesaid, and shall not make a treaty for guaranteeing the possessions of any prince or State except on the consideration of that prince or State actually engaging to assist His Majesty against such hostilities commenced or preparations made as aforesaid. (3) When the Governor-General in Council commences any hostilities or makes any treaty, he must forthwith communicate the same, with the reasons therefor, to the Secretary of State. (a) This section first appeared in Pitt's Act of 1784 (24 Geo. III, sess. 2, c. 25, s. 34), and was preceded by the preamble:- Whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honour, and policy of this nation.' (See above, p. 64.) It was re-enacted, with the preamble, by s. 42 of the Act of 1793, and, as so re-enacted, is still on the statute book. It is of historical interest as an expression of the views with which the expansion of the territorial possessions of the East India Company was regarded in the eighteenth century, but as it relates only to hostilities against and treaties with the 'country princes or States in India,' it is no longer of practical importance. The last provision, though expressed in general terms, obviously refers to the hostilities and treaties referred to in the preceding part. PART V. LOCAL GOVERNMENTS. General. of local 49.-(1) Every local Government (a) must obey the orders of Relation the Governor-General in Council, and keep him constantly Governand punctually informed of its proceedings, and is under ments to his superintendence and authority in all matters relating to General the administration of its province. Governor in Council. [13 Geo. III, c. 63, s. 9. (2) No local Government may make or issue any order for commencing hostilities or levying war, or negotiate or conclude any treaty of peace or other treaty with any Indian prince or State (except in cases of sudden emergency or imminent 41, 43, 44. danger when it appears dangerous to postpone such hostilities 3 & 4 Will. or treaty), unless in pursuance of express orders from the ss. 65, 67.1 Governor-General in Council or from the Secretary of State, III, c. 52, SS. 24, 40, iv, c. 85, Governments of Madras and Bombay. [33 Geo. III, c. 52, S. 24. c. 85, ss. 21 & 22 and every such treaty must, if possible, contain a clause subjecting the same to the ratification or rejection of the Governor-General in Council. (3) The authority of a local Government is not superseded by the presence in its province of the governor-general (b). (a) The expression 'local Government' is defined by s. 124 to mean a governor in council, lieutenant-governor, or chief commissioner. By the Indian General Clauses Act (X of 1897) it is defined to mean the person authorized by law to administer executive government in the part of British India in which the Act containing the expression operates, and to include a chief commissioner. As to the existing local Governments, see above, p. 114. (b) This section reproduces enactments which applied to the Governments of Madras and Bombay, and were passed with the object of maintaining proper control by the Government of Bengal over the Governments of the two other presidencies. Of course the circumstances of the present day are widely different. Some of the provisions of the enactments reproduced are omitted, as having been made unnecessary by the existence of telegraphic communications, and by other alterations of circumstances. For instance, it has not been considered necessary to reproduce the power of the governor-general to suspend a local Government. Governments of Madras and Bombay. 50.-(1) The provinces (a) of Fort St. George and Bombay are, subject to the provisions embodied in this Digest (b), administered by the Governors in Council of Madras and Bombay respectively, and are in this Digest referred to as the provinces of Madras and Bombay respectively. (2) The governors of Madras and Bombay are appointed by His Majesty by warrant under the Royal Sign Manual (c). (3) The Secretary of State may, if he thinks fit, by order, 106, s. 29.] revoke or suspend, for such period as he may direct, the Vict. c. |