304 THE EXECUTIVE GOVERNMENT [paRrT II 
committee of the Legislative Council of Natal, which drafted 
the bill for the Act by which responsible government was 
given, were informed that to create the Executive Council was 
not proper for a Colonial Act, as the matters should be left 
to the prerogative. It thus happened that the letters patent 
which confer on the Transvaal and the Orange River Colony 
self-government say nothing of the Executive Council, and 
the mention of that institution is found only in the letters 
patent creating the office of Governor. On the other hand, 
in the case of the Dominion, the Commonwealth, and the 
Union of South Africa, the letters patent are silent as to 
the Executive Council altogether. 
It has been seen above that ministerial responsibility to 
Parliament is very imperfectly secured by law in the 
Dominions. In Canada the result is really not secured at all, 
for though in Nova Scotia! New Brunswick, and British 
Columbia? the number of Executive Councillors is defined 
as nine, nine, and seven (increased to eight by an Act of 1911) 
respectively, there is no provision for these Councillors being 
members of the Legislature. In Newfoundland the position 
is the same. In New South Wales there is no provision 
requiring an Executive Councillor to be a member of 
Parliament ; so in Tasmania and Queensland ; in South 
Australia, s. 32 of the Constitution Act, 1855-6, provides that 
certain persons shall be members of the Executive Council 
ex officio, and must not hold office for more than three months 
without seat in one or other of the Houses of the Legislature. 
In Victoria eight members of the Executive Council may 3 
have seats in the two Houses, of whom two may be in the 
! Revised Statutes, 1900, ¢. 9,5. 1. The number in New Brunswick (Rev. 
Stat., 1903, c. 10) is not limited, but the old limit by the letters patent of 
1861 was nine, and until changed itis binding. It is unlimited in any other 
province, though in all some persons are ex officio members ; see Ontario 
Act 1908, ¢. 6 ; Quebec Rev. Stat., 1909, s. 573 ; Manitoba Rev. Stat., 1902, 
c. 59; Saskatchewan Act 1908, c¢. 3; Alberta Act 1909, c¢. 6. There is 
no limit of numbers in Prince Edward Island ; there was none before 1873 
in the letters patent, and the constitution is not changed by Acts so far in 
this regard. 
? Act 1908, c. 12. 
* And four must.