132 THE ROYAL SOCIETY OF CANADA 



a General Assembly the Governor by the advice of the Council might 

 make Rules and Regulations (22) for the Peace Order and Good 

 Government of the Province which were to be forthwith transmitted 

 for the Royal Approbation or Disallowance (these Rules and Regu- 

 lations were in no case to affect the life, limb or liberty of the subject 

 or to impose any tax or duty) (23). 



After an Assembly should be called all Laws, Statutes and 

 Ordinances were to be transmitted within three months to the Board 

 of Trade (24). These provisions also appeared in the Instructions 

 to Carleton (1768) (25). 



The Quebec Act Sec. 14 provided that every ordinance should 

 be transmitted within six months for the Royal Approbation and if 

 it should be disallowed it should cease to be in effect from the prom- 

 ulgation in Quebec of the Order in Council disallowing it (26) ; this 

 was included in the Royal Instructions to Carleton and Haldimand (27). 



The number of Councillors was fixed in 1763 at eight in addition 

 to the four who were Councillors ex officio (and also to any appointed 

 immediately by Royal Warrant). The quorum was 5 (28). 



In 1768 when Carleton succeeded Murray eleven persons are 

 named in the Royal Instructions altogether including the Chief 

 Justice; and provision was made for new appointments by Carleton 

 so that there should always be at least seven within the Province (29). 

 There is no provision for a quorum; the common law rule would there- 

 fore apply and the quorum would be a bare majority of the members. 



After the Quebec Act, in Carleton's Instructions 1775 there are 

 twenty two Councillors named; the Act Sec. 12 makes the major part 

 of the Council a quorum for legislation but the Instructions prescribe 

 five for all business except legislation and for legislation a majority 

 of the whole (30). 



When Haldimand succeeded Carleton in 1778 there are twenty 

 three Councillors named and the provision is made for a quorum (31). 



In 1786 Dorchester has twenty three Councillors named; the 

 quorum as in 1778 (32). 



Murray 1763 was given power to fix the time and place of meeting; 

 Carleton in 1768 was confined to the Town of Quebec (which was 

 appointed his place of residence). After the Quebec Act in 1775 

 Carleton received instructions authorizing him to call the Council 

 together at such times and places as he should think proper except 

 for purposes of legislation in which case the Town of Quebec was 

 prescribed. Haldimand in 1778 and Dorchester in 1786 received the 

 same Instructions {33). 



In all cases after the Quebec Act the Instructions also provided 

 that no Ordinance should be passed (except upon some urgent occasion) 



