39 CONSTITUTIONAL HISTORY OF THE PROVINCES.
5. PriNcE EDWARD'S ISLAND.
Prince Edward’s Island, the smallest province of the
Dominion, originally called St John’s Island, until 1770
formed part of Nova Scotia. The first Governor was Walter
Patterson, and by his commission® he was required to execute
the duties of his office in accordance with his commission,
the royal instructions, and such laws as might be passed by
the Council and the Assembly. The Council possessed both
sxecutive and legislative functions, and the Governor and
she Council were empowered to call an Assembly of the free-
holders and the planters. After the first Assembly was sum-
moned all laws were to be passed by the Governor, the Council
and the Assembly, a power of disallowance being reserved
to the Crown. The Governor was authorized by and with
the consent of the Council to constitute Courts of Justice
“for the hearing and determining of all causes as well criminal
as civil according to law and equity,” and full power was
given to appoint judges, commissioners, justices of the peace,
sheriffs, and other officers and ministers for the administration
of justice’. The Governor had also the right of pardoning
sriminals and presenting to benefices: of levying forces for
the defence of the island and of erecting castles and forts:
of disbursing public money for the support of the govern-
ment and of granting Crown lands.
The first Assembly met in 1773 and consisted of 18
members.
In 1839 the Executive Council was separated from the
Legislative Council, and in 1862 an Act was passed making
the Legislative Council elective.
Introduc- In 1847 the Assembly adopted an address to the Crown,
ible representing that the Lieutenant-Governor alone should be
govern responsible to the Crown and Imperial Parliament for his
Early
Constitu-
Hon.
Can. Sess, Papers, 1883, No. 70. 2 Th. p. 4.