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passed a series of resolutions (afterwards rescinded) in which 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 separa- 
sion should be made between the legislative and the execu- 
tive 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 Lieu- 
tenant-Governor, to appoint an Executive Council, not ex- 
seeding 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 Com- 
missions issued to the Government of Nova Scotia until 
1784, when it was made a separate Government, but sub- 
ordinate 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.