seat. 121 & 22 Vict. c. ment, as the case may be, and thinks it necessary to exercise the powers of governor-general before he takes his seat in 106, s. 63.] council, he may make known by proclamation his appointment, and his intention to assume the office of governorgeneral. Provision porary office of (2) After the proclamation, and thenceforth until he repairs to the place where the council may assemble, he may exercise alone all or any of the powers which might be exercised by the Governor-General in Council, except the power of making laws at legislative meetings. (3) All acts done in the council after the date of the proclamation, but before the communication thereof to the council, are valid, subject, nevertheless, to revocation or alteration by the person who has so assumed the office of governor-general. (4) When the office of governor-general is assumed under the foregoing provision, if there is, at any time before the governor-general takes his seat in council no president of the Council authorized to preside at legislative meetings, the senior ordinary member of council then present presides therein, with the same powers as if a president had been appointed and were absent. 85.-(1) If a vacancy occurs in the office of governorfor tem- general when there is no conditional or other successor in vacancy in India to supply the vacancy, the Governor of Madras, or the governor- Governor of Bombay, whichever has been first appointed to general. [3 & 4 the office of governor by His Majesty, is to hold and execute the office of governor-general until a successor arrives or until some person in India is duly appointed thereto. Will. IV, c. 85, s. 62. 24 & 25 Vict. c. 51.] 67, ss. 50, (2) Every such acting governor-general, while acting as such, has and may exercise all the rights and powers of the office of governor-general, and is entitled to receive the emoluments and advantages appertaining to the office, forgoing the salary and allowances appertaining to his office of governor; and his office of governor is supplied for the time during which he acts as governor-general in the manner directed by law with respect to vacancies in the office of governor. (3) If, on the vacancy occurring, it appears to the governor who by virtue of this provision holds and executes the office of governor-general necessary to exercise the powers thereof before he takes his seat in council, he may make known by proclamation his appointment, and his intention to assume the office of governor-general, and thereupon the provisions of this Digest respecting the assumption of the office by a person conditionally appointed to succeed thereto apply. (4) Until such a governor has assumed the office of governor-general, if no conditional or other successor is on the spot to supply such vacancy, the senior ordinary member of council holds the office of governor-general until the vacancy is filled in accordance with the provisions of this Digest (a). (5) Every ordinary member of council so acting as governor-general, while so acting, has and may exercise ali the rights and powers of the office of governor-general, and is entitled to receive the emoluments and advantages appertaining to the office, forgoing his salary and allowances as member of council for that period. (a) Thus, on Lord Mayo's death in 1872, Sir John Strachey acted as governor-general from February 9 until the arrival of Lord Napier of Merchistoun on February 23. for tem office of 86.-(1) If a vacancy occurs in the office of Governor of Provision Madras or Bombay when no conditional or other successor porary is on the spot to supply the vacancy, the senior ordinary vacancy in member of the governor's council, or, if there is no council, Governor the senior secretary to the local Government (a), holds and executes the office of governor until a successor arrives, or [3 & 4 until some other person on the spot is duly appointed Will. IV, thereto. (2) Every such acting governor is, while acting as such, entitled to receive the emoluments and advantages appertaining of Madras or Bom bay. c. 85, s. 63.1 to the office of governor, forgoing the salary and allowances appertaining to his office of member of council or secretary. (a) The Act of 1833 contained a power to abolish these councils. 87.—(1) If a vacancy occurs in the office of an ordinary member of the council of the governor-general, or of the vacancy in council of the Governor of Madras or Bombay, when no Provision for temporary office of member of council. [3 & 4 ordinary person conditionally appointed to succeed thereto is present on the spot, the vacancy is to be supplied by the appointment of the Governor-General in Council or Governor in Council, c. 85, s. 64. as the case may be. Will. IV, 24 & 25 Vict. c. 67, s. 27.] (2) Until a successor arrives the person so appointed executes the office to which he has been appointed, and has and exercises all the rights and powers thereof, and is entitled to receive the emoluments and advantages appertaining to the office during his continuance therein, forgoing all salaries and allowances by him held and enjoyed at the time of his being appointed to that office. (3) If any ordinary member of any of the said councils is, by infirmity or otherwise, rendered incapable of acting or of attending to act as such, or is absent on leave, and if any person has been conditionally appointed as aforesaid, the place of the member so incapable or absent is to be supplied by that person. (4) If no person conditionally appointed to succeed to the office is on the spot, the Governor-General in Council or Governor in Council, as the case may be, is to appoint some person to be a temporary member of council, and, until the return to duty (a) of the member so incapable or absent, the person conditionally or temporarily appointed executes the office to which he has been appointed, and has and exercises all the rights and powers thereof, and receives half the salary of the member of council whose place he supplies, and also half the salary of any other office he may hold, if he hold any such office, the remaining half of such last-named salary being at the disposal of the Governor-General in Council or Governor in Council, whichever may appoint to the office. (5) Provided as follows :— (a) No person may be appointed a temporary member of council who might not have been appointed as hereinbefore provided to fill the vacancy supplied by the temporary appointment; and (b) If the Secretary of State informs the governor-general that it is not the intention of His Majesty to fill a vacancy in the council of the governor-general, no temporary appointment may be made under this section to fill the vacancy, and if any such temporary appointment has been made before the date of the receipt of the information by the governor-general, the tenure of the person temporarily appointed ceases from that date. (a) The words 'to duty' are not in the Act, but seem to express the intention. of council. 88.-(1) An additional member of the council of the Vacancies amongst governor-general or of a governor, or a member of the additional council of a lieutenant-governor, may resign his office to members the governor-general or to the governor or lieutenant- [24 & 25 governor, and on the acceptance of the resignation the office 67, ss. 12, becomes vacant. Vict. c. 31. 55 & 56 (2) If any such additional member or member is absent Vict. c. 14, s. 4.] from India or unable to attend to the duties of his office for a period of two consecutive months, the governor-general, governor, or lieutenant-governor, as the case may be, may declare by a notification published in the Government Gazette, that the seat in council of that additional member or member has become vacant. (3) In the event of a vacancy occurring by reason of the absence from India, inability to attend to duty, death, acceptance of office, or resignation duly accepted of any such additional member or member, the governor-general, governor, or lieutenant-governor, as the case may be, may nominate any person as an additional member or member, as the case may be, in his place, and every additional member or member so nominated must be summoned to all meetings of the Leave on furlough. [16 & 17 Vict. c. 95, s. 32.] Power to makeregu lations as legislative council to which he belongs for the term of two years from the date of his nomination: Provided that it is not lawful by any such nomination to diminish the proportion of non-official members required by law (a). (a) The provisions in the Act of 1861 as to the resignation of additional members were modified and supplemented by the Act of 1892. 89. The Secretary of State in Council may, with the concurrence of a majority of votes at a meeting of the Council of India, make regulations as to the absence on sick leave or furlough of persons in the service of the Crown in India, and the terms as to continuance or diminution of pay, salary, and allowances on which any such sick leave or furlough may be granted. 90. The Secretary of State in Council may, with the concurrence of a majority of votes at a meeting of the Council to Indian of India, make regulations for distributing between the several appointments. authorities in India the power of making appointments to and Will. IV, promotions in offices, commands, and employments under the c. 85, s. 78. Crown in India [3 & 4 21 & 22 Vict. c. 106, ss. 30, 37.] No dis abilities in respect of PART VIII. THE CIVIL SERVICE OF INDIA. 91. No native of British India, nor any natural-born subject of His Majesty resident therein, is, by reason only of his religion, religion, place of birth, descent, or colour, or any of them, disabled from holding any place, office, or employment under His Majesty in India. colour, or place of birth. [3 & 4 Will. IV, c.85, s.17.] Regula tions for This reproduces s. 87 of the Act of 1833, with the substitution of British India' for the said territories,' and 'His Majesty in India' for the said Company.' See the comments on this enactment in pars. 103-109 of the dispatch of December 10, 1834. 92. (1) The Secretary of State in Council may, with the admission advice and assistance of the Civil Service Commissioners, make regulations for the examination of natural-born subjects of to civil |