[riddell] PRE-ASSEMBLY LEGISLATURES IN BRITISH CANADA 133 



except between January 1 and May 1; in Dorchester's Instruction 

 in 1786 there was a further provision that in the case of an urgent 

 occasion every member resident at Quebec or within fifty miles thereof 

 must be personally summoned (34) . 



NOTES TO CHAPTER IV. 



(1) Shortt and Doughty, p. 132, sqq. 



(2) Dr. Dickerson (in the work cited p. 113 ante note 5 to Chapter I), at pp. 

 256 sqq., gives many instances. Apparently the first instruction of the kind was 

 in 1715 in Massachusetts which required a clause saving the rights of the Crown 

 and of all persons not named in the Act: in 1723 a further instruction required the 

 Act to be suspended until the Royal pleasure should be known. The learned author 

 says p. 258, "The Board (of Trade) was quite inexorable when such a law failed to in- 

 dicate that due notice had been given of the application for such a bill." See 

 Instructions to Carleton 1768, Shortt and Doughty, pp. 210 sqq. 



(3) Shortt and Doughty, pp. 419, 474, 552 sqq. 



(4) See Instructions to Carleton 1768, Shortt and Doughty, p. 213. 



(5) Shortt and Doughty, pp. 419, 474, 552, sqq. 



(6) Shortt and Doughty, p. 136. The same provision is found in the Instructions 

 to Carleton, 1768, Shortt and Doughty, p. 213. 



(7) Shortt and Doughty, p. 422. This is repeated in the Instructions to 

 Haldimand, 1778, and to Dorchester, 1786. Shortt and Doughty, pp. 475, 554. 



(8) Dr. Dickerson, p. 248 sqq., gives a number of instances e.g. North 

 Carolina levied a duty on Indian traders from Virginia by an Act which was re- 

 pealed in 1709; Massachusetts in 1721 laid retaliatory duties on the products of 

 New Hampshire; Virginia laid a high import duty on the tobacco of North Carolina; 

 South Carolina taxed naval stores imported from the north. British merchants com- 

 plained bitterly of Virginia and New York laying a hea\y import duty on slaves, etc. 



(9) Examples are laws tending to hamper the Home Government e.g. Acts 

 by certain states to fix the period of their Assemblies thereby taking away from the 

 Governor his power of proroguing and dissolving them. See Dickerson, pp. 228, 229. 



(10) E.g., An Act of Pennsylvania in 1718 placing the property of a deceased 

 in the hands of trustees for sale without safeguarding the rights of the minor heirs 

 to whom it belonged, was vetoed, Dickerson "American Colonial Government," 

 p. 259. New Jersey suspended civil actions from February to September, 1748. 

 Virginia in 1729 limited liability on obligations for judgments, bonds, etc. New 

 York in 1731 passed an Act preventing levying on specialties more than the principal, 

 interest and costs of suit, &c., &c. Dickerson "American Colonial Government, 

 p. 253. 



(11) Examples given by Dr. Dickerson are a Virginia Act of 1732 which allowed 

 a married woman to dispose of her land by deed or will during her husband's lifetime, 

 p. 260; A similar Act of Massachusetts in 1762, ditto p. 261. An Act of Pennsylvania 

 in 1755 exempting two persons named therein from prosecution for debt for a term 

 of years ditto, p. 261; an Act of South Carolina, 1723 (of 1733), altering a will by 

 taking the property from one son and giving it to another, ditto p. 261, &c., &c. 

 These it may be remarked are also abnoxious to provision (a). 



(11) Shortt and Doughty, p. 136. 



(12) See Dickerson, p. 273. 



(13) See Dickerson, p. 262. Examples given by Dr. Dickerson are Virginia 

 Acts of 1705 for the better regulation of William and Mary College; the Acts of 



