594 PARLIAMENTS OF THE DOMINIONS [parr 111
down to the date on which Nova Scotia entered the Union
was there any provision that councillors should hold for
life ; on the contrary, it was expressly provided that all
members shall hold their places in the said Council during
pleasure, provided always that the total number of the
Council for the time being resident in the province should
not at any time, by provisional appointments by the
Governor, which was a normal way of making appointments,
be raised to a greater number than twenty-one. Full power
was given to the Governor to remove or suspend any officers,
but no conditions of removal or suspension were specified,
and a special provision was made that councillors absenting
themselves above the space of six months without leave
from the Lieutenant-Governor, or a year without leave from
the Crown, should cease to be members. In 1883 the
Legislative Council of Nova Scotia had to consider the
position of a member who had become a bankrupt. A
committee investigated the facts and reported in favour,
if possible, of the removal of the member in question.
Counsel were asked to advise, and they held that all
appointments were during pleasure and that officers could
be dismissed by the Lieutenant-Governor. Mr. Macdonald
resigned in consequence of Lieutenant-Governor Archibald
calling his attention to the matter in accordance with the
precedent set in 1861, when Lord Stanley authorized Lord
Falkland to call upon a certain member of the Council to
resign on the ground of bankruptcy.
It is clear that previous to 1867 the Legislative Council
was not, as has been repeatedly stated, really limited in
number to twenty-one. It was precisely in the same
position as the Legislative Council of Newfoundland; that is
to say, the Crown could add as many members as it desired,
but the Governor could not, so that any swamping would
require the sanction of the Crown and its direct action by the
appointment of fresh members by warrants. Moreover, it
is perfectly clear, though Bourinot suggests otherwise, that
the members held technically during pleasure, though
equally it was obviously the intention that they should not