[riddell] BRITISH NORTH AMERICA ACT, 1867 ' 85 



Council had no vote except when the voices were equal; in that case, 

 he had the casting vote.^ 



Section 35 provides that the quorum in the Senate shall be at 

 least 15 including the Speaker. 



In the Instructions to General Murray, 1763, he was commanded 

 to have a Council of 12, of whom 5 should form a quorum :2 the Acts 

 of 1774 and 1791 are silent on this matter and consequently, as at the 

 Common Law, the quorum was a bare majority. The Union Act 

 provided that 10 including the Speaker must be present.' 



As was to be expected, the quorum was not fixed at the Quebec 

 Conference: the number is blank but is fixed at 15 in the first draft 

 and so continued.^ 



Section 37 provides for the number of Members of the House of 

 Commons : 



Ontario. 82 



Quebec 65 



Nova Scotia . 19 



New Brunswick 15 



In all 181 



At the Quebec Conference on motion of Hon. George Brown it 

 was resolved "that the basis of representation in the House of Com- 

 mons shall be by population as determined by the official census 

 every ten years; and that the number of Members at first shall be 200. 



Upper Canada 89 



Lower Canada : . 65 



Nova Scotia 19 



New Brunswick 15 



Newfoundland 7 



Prince Edward Island 5 



that Lower Canada shall always be assigned 65 Members 



"All the delegates agreed but those of Prince Edward 



Island — Mr. Haveland saying "Prince Edward Island would rather 

 be out of the Confederation than consent to this motion. We should 

 have no status." Both he, Mr. Palmer, and Mr. Whelan con- 

 sidered that they were in no wise bound by an understanding 

 arrived at at the Charlottetown Conference that the representation 

 was to be by population: Col. J. H. Gray and Mr. Coles, their col- 



1 (1840) 3 and 4 Vict., C. 35, S. 10 (Imp.) 



2 Shortt & Doughty, p. 133. 



» (1840) 4 and 4 Vict., C. 35, S. 10 (Imp.). 



* Pope, "Confederation," pp. 126, 146, 163, 185, 219, 255. 



