24 CONSTITUTIONAL HISTORY OF THE PROVINCES.
Rirst| The elections were held, and on the 2nd Oct. 1758 the
AsRag, Assembly met.
On the dissolution of the second Assembly by the death
of the King in 1760, the Council altered the distribution of
seats, allotting two members to each of four counties and to
cach of six townships, and giving Halifax four members. The
representation was again altered in 1765 by the Governor
and Council, the county of Halifax receiving four members,
the town of Halifax two members, the other counties two
sach, and the other townships one each’.
Logis- The Council continued to exercise both executive and
Council. legislative functions until 1838. In that year the Assembly
passed a series of resolutions (afterwards rescinded) in which
amongst other things they expressed the view that a separasion
 should be made between the legislative and the executive
 functions of the Council, similar to that effected in the
Canadas in 1791 and in New Brunswick in 1832. The
suggestion was adopted by the home Government, and in
1838 Instructions? were issued to Earl Durham, the Lieutenant-Governor,
 to appoint an Executive Council, not exseeding
 nine in number, and a Legislative Council, not
axceeding 15. By the Commission given to Lord Monck?
power was given to extend the number of the Legislative
Council to 21.

Cape
Breton.

As regards Cape Breton, which was annexed to Nova
Scotia in 1763, the island was included in all the Commissions
 issued to the Government of Nova Scotia until
1784, when it was made a separate Government, but subordinate
 to Nova Scotia®. Major Desbarres was appointed
Lieutenant-Governor, and he was assisted by a Council possess-+

 Haliburton, 1. p. 244.
* The Instructions are printed in Can. Sess. Papers, 1883, No. 20, p. 39.
3 dss. Jour., N. 8., 1862, No. 34.
i See Despatch from Lord Sydney to Governor Parr, dss. Jour., N. 8,,
1841, App.