144 ROYAL SOCIETY OF CANADA 



approved l»y llie Lords of tlie Board of Trade, mMio were still at the head 

 of colonial affairs. The tirst house of assembly of Xova Scotia, con- 

 sistiriii- of 22 members, met at Halifax on the 2nd of Octobei-, 1T58, and 

 duly orii-anized by the election of a Speaker and the formahties necessary 

 on such occasions liy law and usage. 



VII. Co.AlMENCEMENT OF A NEW ERA IN THE CONSTITUTIONAL HiSTORY 



OF Xova Scotia. 



Consequi-ntly the year 1758 is the commencement of a neAv epoch in 

 the constitutional history of Nova Scotia. We find then from that time 

 a civil o-overnment dul}' organized as in the other English colonies of Amer- 

 ica, generally known as provincial governments. We find (1) a governor 

 the head of the executive authority and a branch of the legislature, 

 having a negative or affirmative voice in all legislation, appointed by the 

 King and acting under the royal commission and instructions. (2) A 

 council, appointed during the pleasure of theCroAvn, to act as an advisory 

 body and also as an u])per house of the legislature. (8) A house of 

 assemblv elected by the inhabitants of the province in accordance with 

 law. As in all the other colonies of the Crcnvn of North America, these 

 three branches, governor, council and assembly, passed such statutes and 

 laws as were necessary for their internal regulation and Avere subject to 

 the general c(»ntrol of the Queen-in-Council and the Parliament of Great 

 Britain as the su])reme executive and legislature of the whole British 

 Empire. 



VIII. CONS'l'lTUTION OF NoVA SCOTIA, WHENCE DERIVED. 



Previous to ITôS the Sovereign-in-Council exercised all powers of 

 government through the exercise of the royal prerogative, as in the 

 case <jf all ceded or conquered countries. The constitution of Nova 

 Scotia has always been considei'ed previous to 1867 as derived' from the 

 terms of the royal commissions to the governoi*8 and lieutenant-governors, 

 and from the instructions which accompanied the same, from imperial 

 orders-in-council, fr<^m despatches from the imperial secretary of state 

 conveying the will and wishes of the imperial government, from acts of 

 the imperial parliament immediately applicable to the colony, and from 

 acts of the local legislature approved by the Crown, and • the whole to 

 some extent interpreted by uniform usage and custom in the colony." 



IX. ImI'ORTAXCE of THE CoNSTITITIONAL ClIANGE IN 1758. 



Previous to 1758 the governor and council, acting under royal in- 

 structions, were practically su])remein the exercise of the powers of local 



' Lt. -Governor Archibald, Can. Scss. Papers, 1883, No. 70; Bourinot's "Manual 

 of Constitutional Government of Canada," p. 97. 



