CHAP. viii] RELATIONS OF THE HOUSES 593 
insolvency, the conviction for an infamous crime, or on 
& member absenting himself after a prescribed period. 
On condition that these principles were adopted the Crown 
would be prepared toaccede to the suggestion for a permanent 
tenure. He did not think such a tenure should be laid down 
by the authority of Parliament, as it was clearly a matter 
within the royal prerogative, and he conveyed Her Majesty’s 
approval of the proposed alteration in the tenure of office. 
It is clear from the resolution passed by the Legislative 
Council on January 13, 1846, that they understood the 
concession to be life tenure and also, as in New Brunswick, 
2 normal number of twenty-one members, of whom seven 
only could be officers holding their posts at pleasure and 
conditionally on the vacating of seats in the instances alluded 
+0 in Lord Stanley’s dispatch. Accordingly, in the new 
commission to Earl Cathcart ag Governor of Nova Scotia, 
provision was made for increasing the number of members 
from fifteen to twenty-one; the royal instructions were 
not altered to restrict the number of councillors holding 
office, but the Lieutenant-Governor was required to observe 
the limitation to Seven, and in addition the Lieutenant- 
Governor was to consider it his duty to suspend members 
of that Council on the occurrence of any of the disqualifica.- 
tions mentioned in the dispatch. 
The conditions laid down appear more clearly in the 
case of New Brunswick, in which the matter was carried 
out primarily by dispatches only and without any alteration 
in the royal commission and instructions, In that case 
the number of members was increased to twenty-one merely 
by the issue of fresh warrants, and the restriction of the 
dumber of members holding office to seven was laid down 
by the dispatch, while the Lieutenant-Governor was told 
that if he suspended persons in accordance with the prin- 
ciples enunciated the Suspensions would be confirmed by 
the Crown. Indeed, in a further dispatch of August 23, 
1844, the Secretary of State for the Colonies declined to 
make a formal rule that members should hold during life. 
In none of the royal commissions or instructions issued 
1270.2