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Councils or the Legislative or General Assemblies of the provinces respectively.

This clause was omitted in the revised instructions of 1878 in deference to the contention of the Dominion that the Lieutenant-Governor of the provinces other than those expressly referred to in the Union Act had implied powers for the above purposes.

tion

Dominion.

"Any powers," said Mr Blake, the Dominion Minister of ContenJustice, "which may be thought necessary should have been of the conferred upon the Lieutenant-Governor by the British North America Act, and it appears to me they must be taken to be expressly or impliedly so conferred. The provision giving these powers to the Lieutenant-Governor by the GovernorGeneral's Commission appears somewhat objectionable, and it might perhaps be advisable to leave these matters to be dealt with by those officers under the B. N. A. Act, the 82nd section of which in terms confers on the Lieutenant-Governor of the new provinces of Ontario and Quebec the power in the Queen's name to summon the local bodies, a power which no doubt was assumed to be continued to the Governors of the other provinces1."

Summons.

The provincial legislatures are summoned by the Lieu- Form of tenant-Governor, in some provinces, as for instance in British Columbia in his own name, and in other provinces in the name of the Queen. The following form is the one in use in Quebec:

Canada

Province of Quebec

L. S.

L. R. MASSON

Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c. &c.

To our beloved and faithful the Legislature Councillors of the Province of Quebec and the Members elected to serve in

1 Can. Sess. Paper, 1877, No. 13, p. 7.

the Legislative Assembly of our said province and summoned and called to a meeting of the Legislature of our said province at our City of Quebec on the 15th day of the month of March instant to have been commenced and held, and to every of you

A PROCLAMATION.

GREETING:

WHEREAS the meeting of the Legislature of the Province of Quebec stands prorogued to the 15th day of the month of March instant. Nevertheless for certain causes and considerations We have thought fit to prorogue the same to the eighth day of the month of April next so that neither you nor any of you on the said fifteenth day of March instant at our city of Quebec to appear are to be held and constrained for We do will that you and each of you and all others in this behalf interested on Thursday the eighth day of the month of April next at our said city of Quebec personally you be and appear for the despatch of business to treat do act and conclude upon those things which in our said Legislature of the Province of Quebec by the Common Council of our said Province may by the favour of God be ordained.

In testimony whereof We have caused these our Letters

to be made Patent and the Great Seal of our said
Province of Quebec to be hereto affixed. Witness our
truly and well-beloved the Honorable Louis-François-
Rodrigue Masson, Lieutenant-Governor of Quebec,
Member of our Privy Council for Canada. At our
Government House in our city of Quebec in our
said province of Quebec this twelfth day of March in
the year
of our Lord 1886 and in the 49th year of

our reign.

By Command,

C. H. Huot,

Clerk of the Crown in Chancery,

Quebec,

after a dis

When a dissolution takes place, a proclamation is issued Meeting dissolving the Assembly. This is followed by a second pro- solution. clamation announcing that orders have been given for issuing writs for holding a new election and directing the writs to bear a certain date, and to be returnable on a certain date, and fixing the day on which nominations are to be held.

A further proclamation directs the legislature to meet on a given day.

3. The opening of the Legislature.

practice

The method of opening a provincial legislature is similar English to that followed at the opening of the Imperial Parliament'. followed. The proceedings in Quebec for instance at the opening of the new parliament in 1882 were as follows:

in

On the first day of the meeting appointed for the despatch Swearing of business pursuant to the Proclamation of the Lieutenant- members. Governor, the Commissioners appointed to administer the oath of allegiance to the members-usually the clerk and the clerk's assistant-attended at the table of the House at the hour of ten in the morning, and proceeded to swear in members who subscribed the roll containing the oath. At three o'clock in the afternoon the members who had taken the oath assembled and took their seats in the House and awaited a message from the Lieutenant-Governor.

On receiving a message through the Usher of the Black Rod to the effect that "His Honour the Lieutenant-Governor desires the immediate attendance of the members of this Hon. Assembly in the Legislative Council Chamber" the members proceeded to the Council Chamber. The Clerk of the Legislative Council then addressed them as follows:

"Honourable Gentlemen and Gentlemen of the Legislative Assembly.

1 All the Provincial Assemblies have a standing order to the effect that in unprovided cases the rules, usages and forms of the Imperial House of Commons as in force at the time shall be followed,

Election

of Speaker.

The Speaker in the Legislative Council.

"His Honour the Lieutenant-Governor does not see fit to declare the causes of his summoning the present Provincial Legislature until a Speaker of the Legislative Assembly shall have been chosen according to law, but that to-morrow at the hour of three o'clock His Honour will declare the causes of his calling the present Legislature.'

The members of the Assembly returned to their own Chamber and a member addressing the Clerk proposed a member as Speaker. The question was put by the Clerk, and after the Speaker was elected and had been congratulated the mace was placed on the table and the House adjourned.

On the following day the members again assembled, and on receipt of a message from the Lieutenant-Governor they, preceded by the Speaker, proceeded to the Council Chamber. The Speaker then spoke as follows:

"May it please Your Honour,

"The Legislative Assembly have elected me as their Speaker, though I am but little able to fulfil the important duties thus assigned to me.

"If in the performance of these duties I should at any time fall into error I pray that the fault may be imputed to me and not to the Assembly whose servant I am and who through me, the better to enable them to discharge their duty to their Queen and Country, humbly claim all their undoubted rights and privileges, especially that they may have freedom of speech in their debates, access to Your Honour's person at all seasonable times and that their proceedings may receive from Your Honour the most favourable interpretation."

Then the Honourable the Speaker of the Legislative Council said:

"Mr Speaker,

"I am commanded by His Honour the Lieutenant-Governor to declare to you that he freely confides in the duty and attachment of the Assembly to Her Majesty's person and government, not doubting that their proceedings will be con

ducted with wisdom, temper and prudence, he grants and upon all occasions will recognize and allow their constitutional privileges.

“I am commanded also to assure you that the Assembly shall have ready access to His Honour upon all seasonable occasions, and that their proceedings as well as your words and actions will constantly receive from him the most favourable construction."

The members retired as before, and the Speaker informed The Speech. the House of what had occurred. Leave was then given to bring in a bill, which was read a first time. In the afternoon the House was summoned to the Legislative Council to hear the speech read, and on its return the Speaker reported that the Lieutenant-Governor had been pleased to make a speech to both Houses of which he had obtained a copy. The speech was ordered to be taken into consideration on the following day, and the House proceeded to appoint Committees and to transact other business.

4. Adjournment.

ment.

'An adjournment of either House," says Sir Wm. Anson Adjournin his Law and Custom of the Constitution', "takes place at its own discretion unaffected by the proceedings of the other House. Business pending at the time of the adjournment is taken up at the point at which it dropped when the House meets again." This rule is followed in Canada. Each House usually adjourns from day to day, but on Fridays the adjournment is usually until Monday morning.

5. Prorogation and Dissolution.

tion.

Express powers of dissolving the Legislature were given Prorogato the Lieutenant-Governors of Ontario and Quebec by s. 85 of the B. N. A. Act, but no reference was made to prorogation or to dissolution in the other provinces.

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2 See ante, p. 44.

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