The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter II. Constitutional history of the provinces

Collection:: Economics Books

NOVA SCOTIA. 23 of Common Pleas, and in 1754 a Supreme Court was substi- tuted for the General Court. No formal constitution was conferred on Nova Scotia or on Cape Breton when that island was a separate province. The early constitution of the province is to be found in the commissions issued to successive Governors, in the Royal In- structions accompanying such commissions as modified from time to time by despatches from Secretaries of State, and in the Acts of the Legislature. From 1713 to 1758 the government consisted of the Govern. Governor or Lieutenant-Governor and a Council, and or- Jip om dinances were from time to time passed by such Council. In 1758. 1755 Chief Justice Belcher pointed out that the Government Commissions and the Instructions required all laws to be passed with the consent of an Assembly, and that therefore the ordinances of the Lieutenant-Governor and Council had not the force of law. This view was confirmed by the law officers of the Crown in England, and the Lords of Plantations required the Lieutenant-Governor to summon an Assembly after consultation with the Chief Justice. The following plan for an Assembly was eventually adopted Plan for by the Council after receiving the approval of the Crown: nly The Assembly to consist of 22 members, 16 to be elected by the Province at large, two by the township of Lunenburg, and four by the township of Halifax. Whenever 50 qualified electors had settled in any district which was erected into a township, such township to elect two members. The qualifica- tion for voting at an election or for sitting in the legislature to be, possession in the person’s own right of a- freehold estate within the district in which he voted or for which he should be elected. No person to be qualified to vote or to be elected who was a popish recusant or who was under the age of 21. Members absent from the province for two months to be liable to have their seats declared vacant by the Governor’, 1 Haliburton, 1. p. 209. Can. Sess. Papers, 1883, No. 70, pp. 14—16.

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