88 THE ROYAL SOCIETY OF CANADA 



Union Act provided for his election by the Members of the Assembly 

 and gave him a casting vote when the voices should be equal. ^ 



This matter was not discussed at the Conference, no reference to it 

 is found in the Report of the Delegates but the practice was so taken 

 for granted that it does not appear in the Regulations at Westminster, 

 4th December, 1866. The Rough Draft, however, and all subsequent 

 drafts are explicit.^ 



Section 48 makes twenty, including the speaker, a quorum of the 

 House of Commons. 



In the Assembly proposed by the Royal Proclamation of 1763, 

 there was no provision for a quorum — nor in the Act of 1791. As a 

 fact the quorum was fixed, from time to time, by the Assembly itself; 

 the Union Act fixed 20 (including the Speaker), as the quorum.^ 



The quorum was left blank "exclusive of the Speaker" in the 

 Rough Draft, but is fixed at 20, including the Speaker in the third 

 Draft.* 



Section 50 prescribes five years as the maximum life of a House of 

 Commons. Murray's Commission (1763) authorized him "When and 

 so often as need shall require to summon and call General 

 Assemblies"^ thereby leaving the term in his discretion: the Act of 

 1791 fixed four years as the maximum,® and in this regard was followed 

 by the Union Act.'' 



When the Constitutional Act of 1791 was introduced, it con- 

 tained a provision for a septennial Assembly. Fox indignantly said 

 that: "Why they should make such Assemblies not annual or tri- 

 ennial, but septennial was beyond his comprehension. . . By a 

 septennial bill the people of Canada might be deprived of many of 

 the few representatives that were allowed by this bill. . . It 

 might be inconvenient for such persons to attend. . for the term of 

 seven years," although "they might be able to give their attendance 

 for one or even for three years without any danger or inconvenience to 

 their commercial concerns." 



Pitt thought "a house of assembly for seven years would surely 

 be better than one for a shorter period," but gave no reasons. The 

 point seems (with many others) to have been lost sight of in the extra- 

 ordinary quarrel between Fox and Burke; it is not mentioned again 



1 (1840) 3 and 4 Vict., C. 35, SS 33-34 (Imp.) 



* Pope, "Confederation," pp. 128, etc. 

 3 (1840) 3 and 4 Vict., C. 35, S. 34. 



* Pope "Confederation," pp. 128, 166, etc. 

 s Shortt & Doughty, p. 128. 



6 (1791) 31 George III, C. 31, S. 27. 



^ (1840) 3 and 4 Vict., C. 35, S. 31 (Imp.) 



