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"J^of;! ■. .'■ - Of V'' NEWFOUNDLAND. 1 — / • " '''■'.' \ ■ ■ 45168 ,l«^^ ^"H,' ? --■ '■'Kf^vmfm*ii«tm«^it^*!f^$iim>rm ^O'liniTiTa.Mn^i yl IS: ■ f ^i ^ ij * ! M .a ^ La f ■r7f v^li^' XV, TVS CONSTITUTION or ~ 4 '•- t, /i'^'itJt**^^ WA.H THE GOVERNMENT or NEWFOUNDLAND, IN ITS LEOISLATIVB AND EXEGUTITE DBPABTMBNT9. ii WXTB AN APPENDIX, CONTAINING THS BULES AHD OBBEBS OF THB LEOISLATIVE COVHCIL. AND THE HOUSE OF ASSEMBLY. t / Br JOHN LITTLE, Esq., : ': BAfeafsTE^-Ai'^tAn. * ; •, ; . : ^ *, • V »■ " ' V< •• • •• • ' • ^ • •. • , 4 I. . , » STEAM PBESS OF HASZARD & OWEN. 1855. •**«'l ■ 1 I ^ IJ ^ H i) O. '«!' ^Wf. .MidM^l /UU « •m AiliMyimi"MM ■ ^ ?. .V .:.'T?^TifrtaG 3t|«TW^^?X5r tm #vitAJ«m;::i fcT^ Wi i •i.i_, ■?• %v A ■'••'■■ '■ f: ■ ' dgfA '■ '■' » • ' ' •:. :■ •-■•:■ •...•..,•■.:.■..'. M < < . ' « • • • • « • • - • • • »• « • • • « • « < • • • • - ■ « > « • • -'• *. ♦ • ■> • * • ■ * •H Atii fbundla tion mo The RespoD Local ; change of the f are nov to that re^pone Evei proper ought ii principl exposes of livii own pol All 1 now in ment, c source of thei mire it and CO) late its The Bality i to have such p referei of the compil the ab treatis rilT '^J«Tllll y "(n $■ tSx ft *'X' PREFACE. At no period of the political history of New* feundland was an acquaintance with its Constitu- tion more necessary thaa^at present. The British Government has, at last, conceded Responsible Government to this Island, and its Local Legislature has recently made important changes in the Laws affecting the Representation of the people in^the Legislative Assembly. They are now called upon by those Laws to give vitality to that Constitution, and to discharge the heavy reBponsibilities of Self-Government. Every one in the colony is interested in the proper working of that system; and therefore ought in some degree, to be acquainted with its principles: without some knowledge of which, he exposes hiaiiself to the censure and inconvenience of living in society without understanding his own political relation to it. All the Dependencies of the British Crown, now in the fuU enjoyment of Responsible Govern- ment, can not but value it as being the root and source of Colonial Freedom, and the main-spring of their prosperity; and therefore th^ y must a£ mire it more and more in proportion as vhey view and comprehend the latent agencies which regu« late its movements. The author disclaims all pretensions to origi- nality in the following pages. He professes only to have compilod ana condensed the same from such public records and other reliable sources of reference as are not immediately within the reach of the gen';ral reader, — and he trusts that this compilation will, in some measure, make up for the absence of a more elaborate and complete treatise on this important subject. ^ii s Irx .'£ ''• • Sf .-''f ft'' . VI Ui^'^--'- . \ 'JV|l*<|:'i?>/« J-^tj'iisJ l^^iiM'-'i,'! fji?*'ii» , , 4 * ^ ^ . ■* * * fc i) i.'j ' Ji .'ij^j[f'u 'j*;^! oli "ik'^flifi! ?. ' *< * J W J < T-^ // .OV?' . : > r f^ "i J t ' ' -i* ' h^ .. ;, ; , ■>:l^ . yl' ■ ■ t Ci. * , . Mt. r ."^^^i 'V» 'omJi r? . .■_»■ - /qbto^l' -■- K*'^:-- 1 ^ J ( » 1/ it V • f h. 1 t-a 1 .- .;:jr» ^do \ X. ■ } (.%/.;; ! tir^»t^'i'. I ■■■i 9 mm n CONTEHTS. // ( 8. His duties in Legislation, and mode of proceeding therein. ^ 9. The Governor's means of communi- cation with the L. Oonnoil and Assem- bly. The power of the Exeoutive in as- senting to, or negativing Bills. ^ 10. TAe Xe^5^'v0 Counct/, its constitu- tion, newer, number, appointment, their qualincations. How theii' seats become yaeant. The President his duty, &o. ^ 11. Difference between House of Lords and L. Gounoil, J 12. The division of the Legislative power, the advantages of the distinot : ezistaAce of the Council from the As* sembly. ^ 13. Proceedings of Council, how regu- lated, • ... ^ 14. The House of Assembly its constitu- tion, number, &c. ^ 15. The Charter of the Assembly, the division of the Island into Electoral Dis- tricts. . .V. ^ 16. Division of the District of St. John's, and its extent, ^ 17. Division and extent of the District of Conception Bay, ^ 18. Division and extent of the District ofFogo, ^ 19. Division and extent of the District of Bonavista, 20. Division of District of Oi^inity Bay, 21 . Extent of the District of Ferryland, 22. District of Placentia and St; Afary's; 23. Burin District, . . 24. Fortune Bay, do. 25. Provision by Proclamation for re- ' turn of members, . . f 26. Governor to issue Writs for Elec- tions, \.h. 9, 10 10 10 a 11 12 12 13 13 14 14 14 14 ; u 14 15 1 1 8 'M: 9, XO 10 10 11 11 1% 12 13 13 14 14 14 14 ;ll 14 15 ■'^^'■',^-14 f ■• ^ - •i i***^ I 1$ 15 15 15 IT IT 18 CvirTEIfTB* ( 27. QtA^Moationii imd:6t Pf oolamation^ for a member of the Assembly, ( 28. Qualifibations of, ElebtoiB by F»o- elamation, - ' . } 29. Mode of taking Totet at Elections, and Tote by written noticOi how drawn up and taken, ^ 30. Returnine Officer, to hear objections to vote tender^, and to decide thereon, 31. Returning Officers' return on Writ, 32. Governor authorized to make fttr« iher regulations for Elections, (33. Votes, registry of I ACT PROVmiNQ fOR RSOISHtt'iNC^ ' voters' names. $ 34* <* I. No unregistered voter to vote at Elections." - - § 35. ** II. Justices in Session to make out Lists of inhabited places within which they are to act in making and revising Lists under Act, and they are to give or« ders to Constables as to taking Lists* The manner of taking same — ^posting up copies thereof— notice to parties requir- ing to be roistered as voters. Registry of qualification to remain, as long as th» party remains in same place. Proviso as ^ ' to taking list in absence of party, how '' provided for, Revising Magistrate to in- sert his name in List.'^ - - 18, 19 ( 36. *^ in. Constables to insert names of qualified persons in List and make due return thereof to Justices." • ( 87. <'IV. Justices on the 20th of Sep- tember in every year to make Alphabeti- ,^ oal List of all entitled to vote, or claim' „ ;' - to be inserted in Lists as qualified 'to'>^*^<« Tote. Whatauoh Lists are to contain. >8 -v--^ 1 « objeotedlb" oppwite lite Nam« of anjr 5 . * ^- ^ PeriMn onthe LijA not qualified to FtKkie.l^i^ ^jr^ Justices ^ sign Lisfs, and oause.same;^-;^ be printed or written ^d posted^ ap. , ^Z^ They axe also to keep copies ol lists xo:^ «!^^ ^ % j|f be referred' to by any person requiring same." - - - • (38. * - the List. Party objecting shall on or , ; before the 20th September in every year,;^^i ' give notico to Justice, also to party ob* jeot to, btating cause ci* objection, &c. ( 39. '' VI. Justices to bold Courts of Revision on the 20th of September every year, proceedings therei as to qualill- , cation of party olaimi4.o to oe an Elector." - e0,21,«2 ?*•,» '*v y H 22, i23, 24 ( 40. ** VH. Justices* power to adjourn Court — administer oata — to witnesses or to parties-^to determine claims — sign his // name opposite to names struck out of list, ana to every page of the Lists— '^^i ^^.- ^ . same to be Beooros of said Courts — modo-.^^. ^^l'^ ^ of making up such Becords and final dis- 1^ posal thereof and of authentic copies ^V thereof, to be sent to the Colonial Secre- V . i tary and he to send same to Returning Officers, they, after Elections to return Copies with Writ." - - 24,26 (41. « YIII. Right of appeal by person claiming to vote, from decision of suob ■mkl Justices, to next General Quarter Ses^ • V ti ^ sion, power of such Court to revise andi fV - '-- alter said Lists of voters." - . - % !fi^ 9^ I 42. *' IX. Any person omitted from any Registry of voters, bow enabled to vote AlEleolioii|u!f f ..*-tu.^*ir. V^r. ^:. :i! k Wi ,^ ...V2 H c^ 22 22,^3,24 *y ■y i !*{■ 2*, 26 ".J tip' :'* 9^1 26 ■ 0. 26 » ( ^. <'X. P6li4i. attached to such List*.-*^*! w p} ,>'. 'm>;' \ m\Y ,»t5, 82 ( 47. No. 3, Notice of claim to be insertr f^xi) ed as a voter on the List. • - f .~ 29 ^ 48 . No . 4, Notice of objection to voters' p v. J > qualification. - - - - ui o 29 ^49. No. 5» List of voters in the divi«ion T .: '^ - of Districts. • - - »^f .''•.i<7« lU^ 30 ^ 50. Act the 13tb, Vic. Cap. 1, amend- ;.; iivn "■ ine the Kegistration Act, 4tli Will, the i .TO ^ 4th &c., providing that lists of voters jinlirH ^ shall be taken every fourth year in place ' * " of every year. - - - - 30,31 ^ 51. Provision to defray the expenses of r<<) r,nh Registration. ... - i^H . 31 § 52 General Assemblies held under Com mission, &o. . . . • ^ 53. The qualifications of Electors and Elected altered by the Imperial Act, 5ih and 6th Vic. Cap. 120. - • .- ( 54. The irst section of said Act fixing the qualification of a Member. ^ 55. The second section of that Act, de- termining the Qualification of voters. ^ 56. The third section, restraining the . appropriation of the Bevanue in oertain oases. - - • • •»< 3 f f ^ 57. The fourth seetion, providing that. O X^eo ticns shall be smuukanetmi 4 % .•• i « i,%i-ti 32 82,33 33 \'A 1 I I 3t J^^ ^ 58. The fifth 86oti. the limits of Electoral Districts. § 66. The preamble to the second section ' of said Act| in reference to the Qualifica- tion of Members. ... § 67. The second section affirming and de- claring such Qualification. ^ § 68. The Governor's authority to issue ^^' Writs for Elections and appoint Return- ing Officers. - - - •'! § 69. Remuneration of Returning Officers. § 70. The first section of the Act for the vacation of the seats of Members in the ' Assembly. - - - * § 71. The second section of that Act, au- *^' thorisins the Governor to issue a Writ . for the Election of a Member to fill up vacancy under the Act. § 72. The acceptance of a Commission in the Army or Navy, of an acting appoint- ment for six months, or of an office com- pnlsory or obligatory, not to vacate ^ seat in the Assembly. - - - 5 73. On a Member oelng declared bank- ' rupt or insolvent, the Governor is to )* mw f-: ■^. 33 -.*v*c^ * ^^'f'Otl* 33 M 1 i . 34 -■»'.''■■ 34 k^ J' 34 .-^•Uic 34 \ .dk ,v Ml. 35 ;^.. 1.- '\ _jAh ^/ 35, 36, 37 .¥4-' V tiCJtrr . .t> 38 38 t A 39 39,40 ,\-:^J\' f> T a: 40 t*:'}i'k ii Ixan ' .4- 40 .»■ .I-. if^Vi-^t •^ O'iqq. y^;." . 41 .,1^ rk' I^pm V « * \ :^ •r I f ... • 34 35 35, 36, 37 f'ffs viols'} '^- ."■ 88 *i J 39 89,40 Una : 41 -C&-Ja^fii-' iAv!_*-LSii !XI |:ig^* II Writ fop the" iaection of anothetifW n^t^^ / in L.8 place. - - - - .■'■nil .l 42 & 74. Saspending clause to said Act. muml 42 $75. The form of Besignatien of & Mem- ber, . • ^/.*.i - Vi^ '42 4 76. The 6th, Will 4th, cap. 7, limiting f . 1 V the duration of the then House of As- . a ; ^^ sembly, . . . 4 .1* 4| The second section of that Act li«f?i>uO d li J 77. , J mits the Assembly to four years dura-tJiJif .\i | ICODE OF C&LLINO TEH GENERAL ASSEMBLY, 'V^^ ' *♦ AMD MANNER OF PROCEEDING THEREIN. *?t4^fi»^1| ; Cll> ^ 78. Assembly called by the Goyernor, the mode — how the Writs are signed and ^^ r, | f countersigned — Publication of the pro- ** *- ,| clamation— Prorogation and Dissolution , ^ & by the Governor, . . ,^,i^ ^, 41 J 79. The power of the Imperial Parlia- ,.jj^' j ^ men t in Colonial matters — the power of ,. ^ " the local Legislature, - -''|^{ 44 ^80. Therulesof practice of the Assj^ni-.^^ , v» Uy how defined, '"" . • #/' ^;j ,v 44, 45 '81. The privileges of the Assembly, . 45 82. Contempt of privileges, - ., , ToiNI 83. Right of the House to originate-^ ^ 'j^^^ i ^ monev grants — No alteration by the ^ I "^ other branches to be allowed in money ^ ' Bills, &Cm - - - , 84. The Speaker how chosen, 85. Duty of the Speaker, - ' ,^».y y,.if% 86. Mode of deciaing questions in the ^^^> House, 45 45 & 87. Proceedings in Committee. $ 88. Duty of Speaker on seat becoming vacant, - • ^ 89. Manner of passing private Bills, 9 47 90. Mode of proceeding on public Bills, 47 « 48 If ■':'i ■1.':H I- ! .1 .' 'I ! i tOVTSfftd. i r'm t ■ -Sil'V ii-'W 91. When BlU iwy be opPsld; ^ '^.s^.i^^it 92. How tho Gommitteo of the whol» 5 ^^"^ 4 House is formed, * • u;!,!- 93. The bet stages of the Bill, 94. Proceedings on Bills in the Legis- lative Connell) ' fV'-':'*^ :>izk-b}^i( .*i^ ' vn'xm .1 *4w 95. A conference, - - .r-^' ft* 49 96. Mode of proceeding in the Legisla- tive Council, on other matters, ( 97. Bills of Supply, or for imposing any tax, penalty, or charge, originate in the House of Assembly, ^ 98. The Ohairman of the Committee of Supply, how he votes, when the members are equally divided, ^ 99. The Council to make no amend- ments in Revenue Bills, f 100. Nor in Bills imposing pecuniary Penalties, . ,^^^^ , !- . 01. Houl^emolve^ into Committee of the whole, for what purposes — Select Committees their functions, 102. The Royal assent, 103. How given, v .. 104. Bills with a suspehdihg clause, 105. Promulgation of Acts, 106. Effect of Colonial Act. 107. Commencement of Acts, , 108. Adjournment of House, '^' 109. Prorogation of Legislature, U ■X..-4' ■; At: n't '.' 60 ■s- yxu 60 \ 50 60 61 51 51 a' At 105. Promulgation ofActs, ' - f" ' 51 ,61 52 52 52 62 63 53 53 110. Time of calling the Legislature, 111. Prorogation of both Houses, 112. Session how terminated 113. Governor's power to prorogue, 114 . Dissolution of House , "ff-^ t^t »U' '^^I'iv ■'I :,nu %^ a \ \ § ^ 60 JW[ ?» a-/r- »J0 60 *':»"5;»; I'j,. ' •>. 60 ill 51 51 51 * 51 51 52 • 52 52 52 63 53 53 .%^ :' ,>^ si«iJOO> ^ 1^-S ■..''':... 1 ^'.t^v -Ml^l ■^^lijWtat*. -.»af ^: 'f- 'fit^fr^^ f^irrr ,:x|£?|; ea THB KXECUnVB POWER OF THE QOVi^M i -{^f^.i.- .^s *&*;-&.' l.-^HB aorcsHOt- \:.'vn ' P' 115. The Exeoative Power defined^ 116. In wiidm reited, 117. The Gaferner and Miniaterft, 118 . The principle of Executive Power, 119. Definition of the terms C(nmcil, '■ Cailnnet, Mtnistfy, Administraticn and Government, * V120. FuQjBtk|pt of l^e Governor, * r ( 121. Forqejoftnetruodons, promulgated before^ the establishment of a Lej^isla^ j-^^: tare f and sir^x theft . cc^'n 'f ^ 122. The Adininistration of the Goyern- inent'from 15'r& to 1$26, § 123. Commenqement of the civil and : political institutions of the Island*^ . ' & i24. Swearing in of Governor! ^''" t' ^ 125. Governor's dut; on arrival in tbe.n Colony, . . ,. 126. His power, 127. He appoints to ofliee» &c., 128. He has the custody of the. great i Seal and Is ordinary: wijUbia .tha Goven^i 4 £<; I ment, »-. :/*i r- - r •7vc'it»'^>u i H 56 5i^ 55 55 55 55 6^ a T' t. t MWTn 129. He is Vice Admiral, >i i^O Vi rHiJ;, rj^ilB 130. Commission toiPrivateers, rt ) 131. Duration of Governor's authority, and how removed, . »> § 132 Officers removable by Governor in Council — leave of absence — reporting same, § 133. Where leave is not confirmed, Offi-i/^ • !^**?L\ cer to return to Colony, , ,.*v„. ,,. . i^ •'! '.58, Ml ? -.1 CCHTftiRnK i( 58 69 59 61 X W ^ 134. Goyemor not amenable to Courts of Justice in the Colony, ' § 135. The Governor to be tried in Ed.- ffland for his m»l-administrationi i « k\/d. . !^|I i 59 §136. Governor guilty of oppression, dis- qualified to serve the Crown,' §137. He appoints the Councillors, sus- : pends officers, &c., . . . : . § 138. He grants pardon and remits fines, - § 139. In the absence of the Governor, .| the Administrator acts, . ../j^ § 140. Reference to Royal Instructions f and Commission, . . - ^ . h v ' "the jcxecutivb council. §141. Composition of Executive Coun^'^'^l ' mH \ oil — how appointed — their number— . ' • ' J privileges, &o., -4 « 'fe inv^ximi^m^ m f^^ > ^q 42. Heads of departments in Council, — ^Principle on which it is so constituted, •/ 61 § 143. The Councillor's Oath, ; ;{ ^ 61 § 144. Mode of proceeding in Council'^ § 145. Its functions, § 146. Matters referred to head of De- jjartment, to report thereon to Coun- '^^^** oil, • . . ./i,- §147. Freedom of Speech in Council, [] §148. Ministerialmeasuresto be submit* 'f, ted to the Legislature, . , vu § 149. Retirement of Councillor, '^^^ ' *ai? 1 ^ § 160. Governor presides in Council — ,. v^' fi-^ Committee of Council, . . I* §151. Governor acts with advice of Coun- ' oil, . . . • ' , § 152. Councillors are Justices of the ^'^ jtreaco, • § 153. Right of Governor to appoint offi- cers, , ' . . ,.,r^* 63 § 154. Defects of former system, 64 §165. Remedy thereof, ., , ^^-^- - V 64 61,62 62 »;'M . mr. M ■■\* i d 62 62 63 63 63 63 63 64 64 CCWIINTiic v . . 66 159. Salutation of Members in Gooncil^ iM ,* ^6 160. Demeanour of Members, ^'^'^^ r ^-»A i«i v 66 161.^ Members speaking, address the ""4'\mL-^ § 162. Order of speaking, . • 66^, ^ 163. Protestations or dissents of Mem* .^, bers to votes, .. . e .;t a 67. $164. Orders of the day, how disposed jf # ^ of, . . .c«5/i^'^<' ti-i>« amble, ,in;'} i^^ *!>?!. 1j ii.>,:,r»;'^:i|- . il' : • 68 5 170. After question entirely put, no de- .q? bate allowed thereon, . . / .•,68'^ $171. Members to keep their'places after ytin toting, . , . . ,1 V ^^^ 6 172. Manner of voting, < ft^*^4«f».. ^ .m y?- :««# $ 173. Clerk to enter order, on the assent 'i :i 69 of the House, $ 174. The question or motion may be reauired to be read, . . oa 9 $ 17o. For more freedom of debate, &o*» y^hm^ Commitees are appointed, . ^ ^ 69 § 176. Rules of House observed in Oom- « . , . mittee, . • ... 70 § 177. Select OommitteeSi where they . , meet and how theyprooeed , .1 ,iui .|0 $178. Members of House, not of comzoit- 1 lu* tee, may speak, but not vote therein, '70 m XVi- coiirarri^> Ml '^m^ ^ 179. Members of Oomm\ttoe stand ap, on reporting therefrom, ' - ' . ( 180. No one not a member of tbe Honse ' ' to enter Committee ;oc QofB&ronee^' ^^f* ^Wi^ ^ |81. Metaage from Assembly, the ob- '^, 'feet thereof to be ei^pressed', ' ^^. }l82. Message e or depntotioafroin tb^^^* ilssembly , proceedings tbereop , i ^^- ^*^-|^ VI83. Confewneo wftb Aesombfy^ t^i K; ^ f 184. Nomember^oftbeHofise'to'afppear '^ ^ before Assembly to answer dhafgo,^ j \ iJfiS. No m^nWot offioer of the Gfe^ose, ^ without leave , to go into • Assembly , ^ % '^- ^ ^186, Members of Assemb^ admitted* aaf^'^' •-* auditors offHonsoj A -^'lai' V^87. Right of Member to bri^g in wyv *^ ^^-^^ Bill . , /.■«•« jt»> ^'M^r^O ii ^188. A Bill may be opposed at any stage, usually on second readings . ;^ ^189. Argaments against the prinoi^l^^'^^ of a Bill not used in €ommittee^ * ' ^^ ^190. No Bill to be read twioo on ihee^ V . same day, jn';v*.«*v'. ^"ttv;* fr.vi.';.ui,v -^.C*^ v|VI 4 ^19$. Proof of notico given of intention 'I»*-^|SI to apply to Legislature forits interft*^^'.';^ -'^ji | :?v 4noe m looal-mattersi'* t ,...*■..• ^.^>^... ,..- i.i-3iC> -^^'pT & W4. Petition, proceedings •on, V^'^ *' . ^^ ' $ }95. Alleg^tio^inPiWationsforaPri-^'^ .-^iT^^ iate Bill originating in Council, refen^d ;;*'*- 1*;^* ^ to special Committee. . . '^ -^'^^ ^•196. Member kitroducing Bill, Petitioo* •^•^^^i^^^^ ^ &o., to be of the 'Committee thereon^ -^ '^^^^ ^^\^< ^197. On a private Bill from 'the Assem- , .* '^^li*}i , ' bly, where the pinciple is admitted/^ ^^ • J*l % 'douncil may require evidence of the «l- "£'*-^^ I f ; 'I r ' may require i .legations therein, ;fi-^ T4 M ,C-n^ e( , 01 St J v\ ■ nsyf^m QiOTioausQ .'M'^.i^ ^£^..*>off 7a 70 i2: m r'iJ fl<) '3 '\ V> 72: pr'J izi M v^^.^^T^' •>*;.■■'«« ..• .,1 i .in $ . * 1 C. . "354 ■..•gJ . M* -'*\!-f fJU CONTENTS. Xtll ( 189. The foregoing are standing instzQO- f .»/; tion^ to all Committees ; afl persons • concerned are to appear before tbem to i ».^^ |^ give their cons^ at — notice of Committee on private Bill, ^ 199. A Bill passed by the Council, no new one for same object to be enact- ed in the same Session, ^ 200. No motion granted to make an order of the House a standing order, the same day it is made, } 201. Master in Cbancerv to digest and draft Bill on request of IJember, ( 202. Adjournments to be noted in Jour- nals by Clerk, ^203. Praotice of Imperial Parliament to f be the Rule of proceeding in all cases m not otherwise provided for, j^ < ^ 75 f 204, Chair taken by senior Member in ? V^:*"^^ -^ the absence of President, i^l ifc^* b^M l4 v 75 "i 205. Fees on private Bills, "^ .h-^ir 7s .7^ )■' >■. 75 ■r A, J§ 75 niith^} 75 ■ r + TTr t« >.i*a • '-.f i^ t-S ^ • V? 1-' ^v'v*" '.•*' jit' ' ■ ■ ■ • ■ ■ ...--. -. .. . f, ^ nt KOLM ANO ORDERS Off THB BOUSZ OF ASSEllBLTt , ; ^ i. V-'j;-^! 1 :•(: ■| !206. The Quorum of the House, 207. On House adjourning, members keep their seats, until the speaker leaves the Chair, ^ 208. Adjournment, for want of a Quo* ( 209. Minutes of previous day's proceed- ings to be read by the Clerk, ^ 210. While reading the minutes, doors to be closed, 211. The Speaker's duty in the Chair, 212. He shall take the Chair when the Black Rod is at the door, ^ 218. Speaker not to take part in debate, ^ or vote, unless the House be equally j{ divided, \ t 77 '."■M^ ■§ , ,77 .u;fl 78 . ; 78 78 ' 78 •f! II I WtAi e^Htums. t * 14. , ,^i^»<^ ^ 214. How ibe Speaker is to d^oide ^ ; points of «irdi»r, . .78 ^ 215. Order to be observed on making motions &o», . . . 78 ^216. Where two Members rise the ^vft Speaker to determine point of precedence % 217. When Members shallvote and how, t'^i*^ *• 79 218. When the Speaker puts a question, :W t*^ i^i no member shall walk out, or across fi , the House, &c., . • . ^^ii \ ^*^'2l9. When a member is called to order, *^^ 4 220. No member to speak beside the question, ^221. Any tnemb^r may require ^he j^ ,r ^^^|uestion tobe read, • 4«i&;'!^fef^i ^ 222. No member' to speak, more than ft ti _ once, except as the proposer, or in ex- ' l ' ''planation, . ♦ - » » -'*r9> ^ 223. Cleaning the House of strangers^? ^^3 ' ^i* 4^24. Messages from the Assembly to -^t'' .w-)^ Conference with Council, 80 Rules of the House to be observed in Committee, . ' . '^V— 80 ^ 227. The Speaker appoints Chairman of ^^^ Committee, . : . '* .. ^;£ ■8^ ^ 228. Intrbducfer of » Bill, motidn,&c., "^ Vife: r- ^-^^^ M?^^^ *i 8I & 229. Quorum of Committee, f*^*;' * '81 $230. The mc/tton that the Ohairnian ^^ . *^^ v leave the Chair, to take precedence of i^nf all other motions, . . *■'- ^li i 231. Motions in Committee of the ^^^ ^^m ^ whole House, -r^-r— ,^?' ^.^ -^ .« v ^232. The divisions to be taken down on p;'*^* ; ' Request of any membter, , ,, , • ,* - , ' U» •■■ ' ' ^1' 233. Notices of motion,' '"^\^^^5^mV^^ -'82 234. Motion to adjourn in order i^^^ ^« ^^'i ^\. ,82 235. Motion when road, in possossion . '^ *^ of the Hodge*; '*■!'■•' :(,, ^.j»^\;*; .^^4 &«^,«*i^ ^^yy^ , g2 X Mm ! • ll '%. 78 J ft' u ■ 79 zriff- A J ^r- .79 80 80 $1: 81 81 ' 82 82 V 82 ^ 236. Motion for commitmeht^'pfidblttdM ^ amendmeii^, ' . '^ Bill allowed in Committee, \ > ^ 241. No Bill read twice on same day, § 242. Readings of Bill to be certified thereon, § 243. When BUI may bo re-eonsidered, § 244. Petition for private Bill, first to bo referred to select Committee, § 245. House may require evidence of al- legations in private Bill, «* ; ^ 246. The foregoing to be instructions to all Committees on private Bills ; consent of parties concerned — rotice of private ^^ Bill posted up, ^^ 247. Bill passed, no other of tbe like matter to be originated in same Session, «^ 248. Bills and amendments from the Legislative Council subject to samo Rules of practice, as Bills originating in the House, § 249. Mode of introducing public and private Bills. § 250. Petitions how introduced, § 251. Ordersof the day, how disposed of, ^ 252. Accounts to be accompanied by vouchers, 253. Fees of Sergeant-at-Arms, 254. Rules dispensed with, 255. Chairman to examine Bills, 256. Report of select Committee to be signed by majority thereof, 257. Notice of motion, 258 Solicitors' Pees, tic 83 84 84 ..■■ ; ■J* >':#.' 85 85 85 85 86 1 87 \j:,m I 87 fb If .m^Si -88 83 83 ! 83 ii ':l\ 259. Clerk's J^es ' • " "^^ ' • *^ ^^ ' 87 260. Half Fees on amendments to pyi- ^^^^ ▼ate Bills, from Ledslatiye Gouncil, ''« '^^88 ( 261 . Half Fees on Bills from Legislatiye Council, /J!) V'. I H ^, J 262. All other fees allowed bjr Speaker ^ , . _, 263. Applicant for private Bill, tode*'' ^' . posit £10 sterling with Clerk to meet , ^'^'' ' ■ky. YH '*■■'■ re #■ . 9*f Ti^ .;■! A. ^,'J it";'- i:^i\'^-.'-i^''i^V'- k:i)J '^-^ ■■■• .?ft^,f. r.. 6- . t It . ] *;^j'**'' 87 88 88 88 i>P: '"^ n '' * »■ i A . -■•? ^ • JV t I't Kft^»^ hK r 'Vl-'ii'r 1 [ i '?' .J 1 : S '«. < >^- ?.: ' ? . ■ f.:' *■ '% ^ \. '4*<'1 ^*l st^Ay^rii '-i-n ,1^ .f' CHAPTER I. U '31' TH£ FORM OF GOVERNMENT. § 1. It appears to have been at all times a part of the Prerogative of the English Crown to establish in the Colonies, and in conquered and ceded Territories, such Governments as the Monarch found expedient; and the British Par-* liament has seldom interfered, and never took uppn itself the exercise of this branch of authority, unless specially requested by the Executive, with the exception of that period of English history in which a republican form subsisted for a few years. This extensive power is indeed found to have been modified in its use by several causes — the gene- ral interests of the British nation — the rights of the Colonists— and the concessions made to them by the Parent Government, have had their due weight in shaping the regulations and orders at the Crown, in the management of the Colonies. From these causes, forms of Government have arisen, in most instances in which the powers of the Crown have been well adjusted and defined; and in few, if any, of the Colonies, has it retained a power of any greater extent than it possesses in the Constitution of the Parent State. As in the ancient days of England, her people gained by successive grants and concessions, that share of power and liberty they now enjoy, so in the pror I Illlljljl THE GOVERNMENT OF lilii gross of society in these her Transatlantic Colo- nies7 have the Colonists acquired, by the conces- sions df the Crown, d fair and legitinbate share of|»6litlcal and civil power, compatible with the progress of their population — their'intelligence, and their wealth. This has 1)een particularly the case during the last sixteen years. Within that eventful period, important changes have been made by the Crown in the Constitutions of almost all its Dependencits. \ § 2. The self-invigorating principle of Execu- tive Responsibility has been infused into their Constitutions; and they now have the power by that principle to correct all Government abuses. To the exertions of the late Earl of Durhamv Her Majesty's late High Commissioner and Governor General of British North America, its inhabitants are deeply indebted for the invaluable boon of Responsible Government thus conceded to them by the Crown. That eminent statesman in his valuable Report to Her Majesty on this important subject, states, among other things, that *' It needs but to follow out consistently the principles of the British Constitution, and introduce into the Government of the British North American Colonies those wise provisions, by which alone the working of the Representative system can in any country be «*endered harmoni- ous or efficient." " To conduct their Government harmoniously, in accordance with its established principles » is now the business of its rulers, and I know not how it is possible to secure that harmony in any otlier way, than by administering the Government on those principles which have been found per- fectly impair contra] pie of prerogi ercised submit sentati the Go Body, of thos confide **In conside our Co been fo by whic Ministr liament immedii strange Govern a minor jority ol »«Ev combin< immedii the Col the co-< by intri could c to unde home ii should the mot !!l! tic Colo- 3 conces- ate share with the diligence, rticularly Within ave been of almost »fExecu- nto their )ower by abuses. Durhanii »ner and erica, its (valuable ponceded atesman r on this ' things, sistently 3n, and British ^visions, entative larmoni- niously, iipIeS) is low not f in any , emment ind per* ^NEt^ir6bjftLAND. 6 fectly efficacious in Great Britain. I would i^ot impair a single prerosalive of the Crown ; on the conti^ary , I believe that the interests of Uie pe0- pie of these Colonies require the protection of prerogatives, which have not hitherto been ex- ercised. But the Crown must, on the other hand, submit to the necessary consequences of Repre- sentative Institutions ; and if it has to carry on ' the Government in union with a Representative Body, it must consent to carry it on by means of those in whom that Representative Body has confidence." *' In England, this principle has been so long considered an indisputable and essential part of our Constitution, that it has really hardly ever been found necessary to inquire into the means by which its observance is enforced. When a Ministry ceases to command a majority in Par- liament on great questions of policy, its doom is immediately sealed; and it would appear to us as strange to attempt, for any time, to carry on a Government by means of Ministers perpetually in a minority, as it would be to pass laws with a ma- jority of votes against them." " Every purpose of popular control might be combined with every advantage of vesting the immediate choice of advisers in the Crown, were the Colonial Governor to be instructed to secure the co-operation of the Assembly to his policy, by intrusting his administration to such men as could command a majority ; and if he were given to understand, that he need count on no aid from home in any difference ^ith the Assembly, that should not diHictly involve the relations between the mother country and the Colony." Vr THE GOVERNMENT OF '^ // *l The Governor, if he wished to retain adyi9ers not possessing the confidence of the existing As- seml^lyj might rely on the effect of an appeal to the people, and, if unsuccessful, he might be coerced by a refusal of supplies, or his advisers might be terrified by the prospect of impeach- ment. But there can be no reason for appre- hending that either party would enter on a contest, when each would find its interest in the main- tenance of harmony; and the abuse of the powers which each would constitutionally possess, would cease, when the struggle for larger powers be- came unnecessary. Nor can I conceive that it would be found impossible or difficult to conduct a Colonial Government with precisely that limi- tation of the respective powers which has been 80 long and easily maintained in Great Britain/' ** Perfectly aware of the value of our Colonial Possessions, and strongly impressed with the necessity of maintaining our connexion with them, I know not in what respect it can l^e desi- rable, that we should interfere with their internal legislation, in matters which do not afi^eft their relations with the mother country. The matters which so concern us are very few; — The Con- stitution of the form of Government, — the regula- tion of Foreign Relations, and of Trade with the Mother Country, the other British Colonies, and Foreign Nations, and the disposal of the Public Lands, are the only points on which the Mother Country requires a control. This control is now sufficiently secured by the authority of the Impe- rial Legislature; by the protection which the Colony derives from us against foreign enenlies; by the benehcial terms which our laws secure to its trade ; and by its share of the reciprocal '.' * In adyisers cistiDg As- appeal to might be s advisers i* impeach- for appre- I a contest, the main- he powers ess, would jowers be- live that it to conduct ' that limi- \i has been t Britain." r Colonial I with the ixion with n l^e desi- lir internal ifTeft their be matters -The Con- he regula- le with the onies, and the Public le Mother trol is now the Impe- which the i enenlies; ws secure reciprocal OF NE^POUNDLANn. 7 benefits which would be conferred by a wise system of colonization." ''^ "Whatever inconvenience a consequent fre- quency of changes among the holders of office may produce, is a necessary disadvantage of free government, which will be amply compensated by the perpetual harmony which the system must , produce between the people and their rulers.*' *• The responsibility to the United Legislature, of all the Officers of Government, except the Governor or his Secretary, should be secured by every means known to the British Constitution. The Governor, as the Reprebontative of the Crown, should be instructed that he must carry on his Oovernment by Heads of Departments, in whom the United A^egislature shall repose con- fidence; and that he must look for no suppoH from home in any contest with the Legislature, except on points involving strictly Imperial inter- ests.*' § 3. Such are the invigorating principles of Responsible Government, now in full operation in the neighbouring Colonies, and recently in- troduced into the Government of Newfoundland, by virtue of a Despatch from the Duke of New- castle, late Secretary of State for the Colonies, to Ker Baillie Hamilton, Esquire, late Governor of this Island, — bearing date the ^Ist of Febru- ary, 1854, by which Despatch the Noble Duke gave the people of this Colony to understand that : ** Her Majesty's Government have come to the conclusion that they ought not to withhold from Newfbundland those institutions, and that sys- tem of Civil Administration which, under the popular name of Responsible Government, have 'I i Jq THE GOVEBNMENT OF n |iM now been adopted in all Her Majesty's neigh- bouring Possessions in North America." '* They are prepared to concede the immedate application of this system, as soon as certain pre- liminary conditions have been acceded to, on the /part of the Legislature.'' Among these preliminaries may be mentioned the following : — ** A provision for retiring allow- ances to certain Officials in the Government — an increase of the number of Members of the '"House of Assembly to Thirty — and a provision to meet Election expenses." '* These measures having been taken by the Legislature, Her Majesty's Government will proceed to separate the Executive from the Le- gislative Council, and to provide, by Instructions ,n*om Her Majesty, that the latter shoujd consist of not less than Ten, nor more than Fifteen Members, nominated by the Crown." '* With regard to the stipulations respecting the Grant of a Civil List to Her Majesty, which have usually accompanied the grant of Respon- sible Government, it appears to me sufficient to refer to the arrangements already made under the Act of Parliament 2d and 3d William 4th, Cap. 78, and the Acts of the Newfoundland Legislature 7th Vic. Cap. 1, and 8th Vic. Cap. d, leaving it to yourself to consider whether any modification of these provisions is now required." ^ 4. In compliance with the conditions refer- rea to in that Despatch, the Local Legislature has made ample provision by two statutory en- actments which have received the Royal Assent, and are now the Law of the land. Her M^esty's Government have recently separated the Execu- »/ '*s neiefai- »> " immedate irtain pre- to, on the tnentioned ing allow- eminent — ers of the . provision ten by the nent will m the Le- istructions ijd consist n Fifteen respecting sty, which r Respon- ifficient to under the \i, Cap.78, legislature leaving it [>dification ions refer- egislature tutory en- Ell Assent, Majesty's le Execu- NEWFOUNDLAND. 9 ^* tiye from the Legislative Council, and have like- wise provided, by Royal Instructions, that the latter shall consist of not less than Ten, nor more than Fifteen Members. CHAPTER II. THE DIFFERENT FUNCTIONS OF THE GOVERNMENT. § 5. With these important changes in its con- stitution, the Government of this Island may be regarded under two heads, corresponding with the Legislative and Executive functions with which it is clothed, and which are now discrimi- nated with as much precision as is perhaps prac- ticable in any young community. Both which heads we shall consider in their order. First — Of the Legislative Power — and * Secondly — Or the Executive Power. rn^-fri A« *r ■«JF ' First- -THE LEGISLATIVE FOWER. § 6. The power of making Laws is delegated by the Constitution to the Governor, the Legis- lative Council, and the House of Assembly. ^ 7. The Go'^ernor, as a constituent part of the Legislature, represents the Queen in her Royal Legislative capacity; Her Majesty's Le- Sislative Council sitting in one Chamber, and the tepresentatives of the people in another. § 8. The Governor opens the sittings of the whole body — taking his seat on the throne in the •■'jii if Mil 10 THE GOVERNMENT OF th I t! !, Chamber of th^ Council, #ho are there Bisem- bl^d, snd by messsg^ he then oi^ders the «tt«iid- snce of the Representatives. When they hiEvi arrived, he in a short speech informs the Couneil and Assembly 6{ the state of the country, its progress, its finances, and the subjects that demand their consideration. All this is transact- ed in the most public manner. He continues during their sittings to communicate with both Chambers by written messages, and when Bills are ready to be assented to or negatived, he meets them in the same form, with which also he closes their session. , ^ ^9. Although the Governor, by his official speeches and messages, oAen suggests and rer Gommends measures to the Council and Assem* bly, yet every measure which assumes the formctl shape of a Bill must originate in the Legislative Council or the Assembly, the power of the Exe- cutive being simply to assent to or negative a Bill. The negative power is seldom, if ever, exercised by the Governor, as the Council and Assembly, under Parliamentary Government, are in general aware of the views and interests of the Exeeiitive, on all Legislative measures of im- portance introduced into either branch ; there being leading members of the Executive holding seats therein. '. § 10. The Legislative Council is an hiim- ble imitation of the House of Lords, represent- ing the views of the Executive and the wealth and general interests of the Colony. Its mem- bers as we have already said, are not less than fen, iiOT more than fifleen. They are appointed either diredtly or indirectly by the crown; they NEWFOUNDLAND. li I usem- «tt«nd- hey hwf^ y Ooimcil ntry, its icts that transact- continues n^ith both hen Bills tived, he ih also he is official 9 and ro- 4 Assem* he formal egislative the Exe- legatiVe a if ever, incil and ment, are stsofthe )s of im- h ; there i holdmg an hiim* ^present- le weahh [ts men- less than ppoiotdd i^n; they receive a writ of Mandamw whieli ^xes ffidr i^aink and precedency. There is no partfculir remuneratien assigned to tliem for the duties of their office. To be qualified for the office of Legislative Councilloi^, the person must have attained the mjb of twenty-one years, and haVe been bom a^Pritisfa subject, or natttralized as , such, either in England or any of the British Colonies, The Seats of the Legislative Councillors be* come vacant when they absent themselves without leave for two consecutive sessions, or upon their becoming citizens of a foreign country, or wheA they are declared bankrupt, insolvent, or public defaulters, or convicted of any infamous crime. They can also resign their seats whenever they think proper. Their proceedings, while in ses- sion, are presided over by a President, noiiHuated by the Governor, and who can be deposed and replaced at will. ' :> - ' : . - - .: ^ ,,, ,. , . :,.^^^^ § 11. The Legislative Council does not fornr^ as the House of Lords does, the Supreme Court of Judicature, to which is referred, as a last resort, the final decision of all civil causes. Neither is it the tribunal before which public functionaries can be accused. The Lords in England enjoy certain personal privileges which the Legislative Councillors do not possess — for example — the latter do not ex- ercise the right of voting by prosnj, or of substi- tuting their word of honor in place of an oath, &c., as do the Lords. "< § 12. The division of the Legislative power in this Colony has not ah many advantages, and is not as indispensable as in England, because ililp 12 THE GOVERNMENT OF h€trh the members of the Legislative CouDcil do not represent the interests of a nobility or of a special class ; we may say, that the Members of ihe Council represent the same interests as the Members of the Assembly, taken collectively. The only advantage which the ^gislature can derive from the existence, of the 0|pncil is, Jthat, perhaps, it renders the deliberations of that branch more slow, an(! consequently more sub- ject to be controlled by public opinion, which can find the time and opportunity to prefer us re- quests, and make timely represents^tions in all matters of importance. >;.' ^ 13. The proceedings of this branch of the Legislature are conducted, and its Journals kept in a similar manner to that observed in the Im- perial Parliament. The members of the Council exercise the right of entering, individually ; a protest on ti.e Jour- nals of their body, setting forth the reasons for which they may respectively dissent from any measure or vote of the majority. / § 14. The next branch of the Legislature is the House of Assembly, consisting of Thirty Members, returned to Parliament by the Electors of the different Electoral Districts of this Island. The important changes which have recently been made in this branch are such, as materially to affect the basis of its original Constitution. To form a correct idea of these changes, it is necessary to review, in detail, the various mea- sures adopted from time to time by the Crown — or the authorities in the Colony, in reference to this subject. > ■|iXiJ':;r?i;,:/^jJ5'.. Go\ 52d Sir and zin 'oft IP V NEWFOUNDLAND. 13 1 >uncil do y or of a mbers of as the ectively. ure can is, Ihat, of that ore sub- lich can )r as re- )s ii^ all h of the als kept the Im- he right e Jour- jons for sm any at ure is Thirty Electors Island, ecently terially on. es, it is s mea- rown — mce to ^ 15. In granting a Representative form of Government to Newfoundland, the Crown, on the 2d day of March, 1S32, issued Letters Patent, under the Great Seal of the United Kingdom, to Sir Thomas John Cochrane, the then Governor and Commander-in-Chief of this Island, authori- zing him to summon and call a General Assembly of the Freeholders and Householders therein. In furtherance of that object, a Proclamation was issued in the name of his late Majesty, King William the Fourth, on the 26th day of July, 1832, whereby it was declared, that, ' * For the purpose of the election of the Members of the said Assembly the Island shall be divided into JVtiie Districes, to be called respectively : — ,hmd'" "^^^ District of St. John's. ,^^ j^, f^i^^ V* The District of Conception Bay, " The District of Fogo. ...i.,^^^}^^ -^ ** The District of Bonavista, v ^ *' The District of Trinity Bay. ,; '" . *' The District of Ferryland.^^^'^'' ^* • -^^^^'^ The District of Piacentia and St. Mary. "The District of Burin. iH-ii. hit ^mti The District of Fortune Bay. § 16. ** The District of St. John's, shall con- sist of and include all that part of the said Island, bounded by the shore, which is situate and lying between Petty Harbour and Broad Cove." * # By tn Act of the Legislature of the Colony, pauedon the 1st of August, 1833, being the 4th William the 4th, Cap. 6, it is enacted. That the towns or settlemen's of Broad Cove and Petty Harbour, and the Islands of Beile Isle, Little Belle Isle, and Kelly's Island, in Conception Bay. shall be annexed to, and be included within the DUtrict of St. John's. iiii il-'i r, .• ur. 4- >>. * -1- juU,. wSi ■«>iiJ.'i6»;ltfi!g tmi U^ t^wAfi^iU i'4 THE GOVERNMENT O F § 17. "fhe District of Conception Bay ihall ^bnsist of and include all that part, of the Isli^^M #hich, bounijM in like manner, is situate and lying B^tweenBroad Cove and Bay Verds Head." & 18. "The District of Fogo shall conswt of dtid inchide all that part of the Island, which, bounded in like manner, is situate betwe0n Ciipe St. John and Fogo Island, including that Island." § 19. ** The District of Bonavista shall consist ^of and include 411 that part of the Island, which, bounded in like manner, is situate and lying be- tween Cape Freels and Cape Bonavista." § 20. ''The District of Trinity Bay shall con- sist of and include all that part of the ^aid Island, which, bounded in like manner, is situate and lying between Cape Bonavista and Cape Verds Head." ^,...,,^^., ,.,,,,,, ^21. *' The District of Ferrylknd shall consist of and include all that part of the said Island, which, bounded in like ma^^rier, is situate and lying between Petty Harbour and Cape Race." » r ■wv ■•■ %Q2. *' The District of Placentia and St. Mary ihall consist of and include all that part of the Island which, bounded in like manner, is situate and lying between Cape Race and Rushoon." > ^ 23. '' The District of Burin shall consist of and include all that part of the Island which, bounded in like manner, is situate and lying be- tween Rushoon and Garnish." § 24. <' The District of Fortune Bay shall con- sist of and include all that part of the Island which, * ■»A ty i^all te iritd Heiid." ,-, J iBidi of which, jlaiid." consist which, ng be- lt' *iHiv.k-; II con- Lsland, ite and Verds consist [sland, :e and Lace." Mary of the Htuate sist of irhich, ig be- i con- irhich, • NEWFOUNDLAND. IjEft bounded in like manner, is situate an i \ymg be- tjnreep Garnish and Bonne Bay." ^ ^. The Proclamation also mau provi^ )n for the return of Fifleen members to represent the said Electoral Districts in the General Assembly.' ^ 26. It was also declared by the said Procla-' ' mation, that, *' the Governor should issue writs for the election of the members of the several Electoral Districts; which writs should be ad-I dressed to the several Returning Officers appoint- ed by the Governor, and should by them be re- turned to the Colonial Secretary of the Island. ^ 27. It was likewise provided by the like au- thority, that, ** Every man, being of the full age of twenty-one years and upwards, of sound under-' standing, and being our natural-born subject, or hiaving been lawfully naturalized, and never hav- ing been convicted in due course of law of any in- famous crime, and having for two years, next im- mediately preceding the day of election, occupied a Dwelling-house within our said Island, as Owner or Tenant thereof, shall be eligible to be a mem- ber of the said House of Assembly." ^— ^ ^ 28. Also ' * that every man who, for one year next immediately preceding the daj of election,,, hath occupied a Dwelling-house within our siud Island, as Owner or Tenant thereof, and who, ii^ other respects, may be eligible, according to the regulations aforesaid, to be a member of the said House of Assembly shall be competent and ea-,r titled to vote for the Election of Members of th^ General Assembly, in and for the District withii^ which the Dwelling-bouse, so occupied as aforer):? said, may be situate." ^'^^^jiit). dm^^ii *: nil 16' THE GOVEBNMENt OF II 1^ 529. << That the votes for the Members of th«i^ said Assembly, shall be taken by the said several Returning Officers, at such one or more place or places within each of the Districts as shall for that purpose be appointed in the body of the writ, ad- dressed to the Returning Officer of every such District respectively, and at or within such time or times as shall for the purpose be therein limited. But, yiasmuch as by reason of the difficulty in in- ternal communication within our said Island, many persons entitled to vote might be prevented from, the exercise of such their franchise, if, in every case, it were necessary to attend in person for that purpose: We do therefore declare Our plea- sure to be, that in respect of any Dwelling-house situate at the distance of more than iifleen miles from the nearest place of election, within any of the said Districts, the vote of any Householder, duly qualified as aforesaid, may be given without his personal attendance, by written notice sub- scribed by such Voter in the presence of two credible witnesses, and duly attested by their signatures; which notice shall be in such form as tl^e Governor shall from time to time direct.'' § 30. ** That if any Candidate or Voter, at any such Election, shall object to any vote then ten- dered, it shall be the duty of the Returning Offi- cer to hear such objections, and what may be alleged in support of, or in answer to the same; and to examine, on oath, the parties by or against whom such objection may be raised, and any per- son or persons who may be adduced as a witness, or as witnesses on either side, and on such hearing to admit or to overrule any such objection as may to such Returning Officer appear just and right. ^' CI ^31. greater nu district, si turning Of resentative and shall seats accq cases of ] competent a special r doubt, ujpo shall afler\ ^32. **. ordier to t purposes a be made fc the Return of Afisembj hereby aut of our sai< clamations in our nai further reg conduct of of Membei bly, and fo said Retu shall be 01 vision be € theless oui made as al consistent fore contai « InMConUoc* been luaed, nukii Electiuisiutbitl f*.. NEWFOUNDLAND. 17 § 31 . ** That the persons in favour of whom the greater number of yotes shall be given in any such district, shall be publicly declared by such Re«> turning Officer to be duly elected to be the Rep- resentatives thereof in the said General Assembly, and shall thereupon be returned and take their seats accordingly. Provided always, that, in cases of peculiar doubt or difficulty, it shall be competent for any such Returning Officer to make a special return, setting forth the grounds of such doubt, upon which the said House of Assembly shall afterwards decide." §32. *'And whereas it may be necessary, in order to the complete execution of the several purposes aforesaid, that farther regulations should be made for the conduct of the said Elections and the Return of members to serve in th^ said House of Ai^sembly, weWve therefore authorised, and do hereby authorize our Governor, for the time being, of our said Island, by any Proclamation or Pro- clamations, to be by him from time to time issued, in our name, and in our behalf, to make such further regulations as may be necessary for the conduct of the said Elections, and for the Return of Members to serve in the said House of Assem- bly, and for the due discharge of the duties of the said Returning Officers; and which regulations shall be of full force, virtue, and effisct, until pro- vision be otherwise made by law ; it being never- theless our pleasure, that the regulations so to be made as aforesaid, be not repugnant to, nor in- consistent with, the several proviLions hereinbe- fore contained, or any of them. "^ * InatconUnce with the above proTuion, ProcUmations h«Te, from time to time. Men tamed, fnaking further provitions for the time, place, and manner of beldiM Electityisiuthiilttend. '■IS .1 Si!' 1:1, .11- se-iii im "'kwi^'* J^ 18 THE OOVERIfMENT OF > § 33. For the convenience an^ purity of Eleq- tion9 of Representatives to the House of Assem- bly, the Legislature of the Colony passed an Act (on the 19th June, 1834) in the 4th year of the reignof William the 4th, entitled ''An Act fes Registering the Names of Persons entitled to Vote at Elections." ^ 34. Py this Act it is provided, ** I. That from and after the Thirty-first day of December, 1834, no Person shall be entitled to Vote at the Election of any Member to serve in the Commons House of Assembly, whose name shall not have been previously Registered in the manner required by this Act." § 35. *'I!.— That at the Courts of Gener^ Session of the Peace, in the several Districts of this Island, to be held next afler the First Day of July, in the present and every succeeding year, at such times and places as His Excellency the the Governor shall, by his Proclamation, be pleased to appoint, the Justices at such Sessions shall make out lists of all the inhabited places within their respective districts, and shall assign to each of such Justices, and to each pf the Coa- servators of the Peace, within such District a particular Division ther6of, within which such Justices or Conservators of the Peace shall act, in procuring and revising the lists required by this Act; and such Justice or Conservator of the Peace, shall givo orders or instructions in writing, to , the respective Constables residing within the Divisions, to him, or them respectively assiened, for such Constables to make out alphabetical lists according to the form (No. 1) in the Schedule \ is >f Eleq- 'Asseia- 1 an Act r of the Act fos itled to I. That (Cumber, :e at the ommons lot have required General (tricts o| it Day of ag year, sney the ition, he Sessions d places Jl assign the Con- District ich such hall act, d by this r of the writing, ithin the ssiffned, ical lists Schedule NE%VF0UNDL4ND. hereunto annexed, of all persons entitled to vote at such Elections as aforesaid, who reside at such place or places, or within such limits as sueh * Justice or Conservator of the Peace, may, by such orders or instructions, assign to such Constables respectively ; and of all Persons who shall claim to be inserted in such Lists; and such Constables shall respectively prepare such Lists accordingly, and shall cause copies thereof to be fixed on or near the Doors of ull Churches, Chapels, and Meeting Houses, or other Places of Public Wor- ship within such Town or Place ; or if there be no such Church or Place of Public Worship, then on some Public Place within such Town or Place respectively, and shall also affix thereto, a notice, according to the form (No. 2) in the Sche- dule to this Act annexed, requiring ail Persons whose Names are not included in such Lists, and who may consider themselves entitled to vote at such Election, to deliver or transmit to the said Constables respectively, on or before the First Day of September in the present and every suc- ceeding Year, a notice of their claim as such Vo- ters, according to the form (No. 3) in the said Schedule, or to that effect: Provided always, thai afler the formation of the Register to be made in each Year as fiereinafter mentioned, no Person whose name shall be upon such Register for the time being, shall be required thereafler to make any such claim as aforesaid, so long as he shall retain the same qualification and continue in the aame place of abode described in such Register: Provided aho^ that any person who may have been absent from bis usual Dwelljng-place during the whole time when the List prepared by the Constable was posted up at such place, until the 3 '|5, ?n i ■M " \ m ■^ -« 90 THE GOVERNMENT OF Twentieth Day of September of the same Year and whose name shall have bee omitted from such List, may at any time after the said Twen- tieth day of September, and before the next an-> nual revision of the List, give notice to the revising Magistrate, or to the Court of Quarter Sessions respectively, of his claim to be inserted in such' List; and such revising Magistrate or the Justices of the said Court of Session shall, if •atisfied of his claim to be inserted in such List, insert his name therein accordingly, in like man- ner as if such Person had preferred his claim be- fore such Magistrate whilst holding his Court for the revision of names as hereinafter provided. -^^ ^ 36. '< in. —That the said Constables shall respectively, to the best of their knowledge ,l and information insert the names of all qualified persons into Lists, and deliver and duly make re- turn of all such Lists, to the respective Justices or Conservators of the Peace, by whose direction such Constables shall or may have acted in ma- king out such Lists." § 37- " IV.— That the said Justices or Con- servators of the Peace of each of the said Dis- tricts, shall on or before the Twentieth Day of September, in the present year, make out or ^ cause to be made out, according to the form (No. 5) in the said Schedule, a General Alpha- betical List of all Persons within the several Di- visions of their respective Districts, entitled to vote at such Election a» aforesaid, or who shall claim to be inserted in such List, as voters in the Election of a Representative or Represent.itives, to lerve fur such District, in respect of any House 'NEWFOUNDLAND. 21 ,^8 same Yeir nit ted from said Twen- le next an* tice to the of Quarter be inserted trate or the )n shall, if such List, I like man* s claim be- 3 Court for >vided. i«> Constables knowledge II qualified ^ make re- e Justices 9 direction ted in ma- ss or Con- said Dis- th Day of ce out or the form ral Alpha- averal Di- ntitled to who shall ers in the ent.itives, ny House or Tenement occupied by them, and that the said Justices or Conservators of the Peace, shall, res- pectively, on or before the Twentieth Day of September in eveiy succeeding year, ntake out or cause to be made out, a like List, containing the names of all Persons who shall be on the Register for the time being as such Voters, and « also, the names of all Persons who shall claim as aforesaid to be inserted in such List as such Vo- ters, and in every List so to be made by the said Justices or Conservators of the Peace as afore- said, the Christian Name and Surname of every Person shall be written at full length, together ' with the place of his abode, and the local descrip- tion of the Dwelling-House or Tenement, as the same are respectively set forth in his claim to vote. And the said Justices and Conservators of the Peace, or any of them, if they shall have reason- able cause to believe, that any Person so claiming as aforesaid, or whose name shall appear in thei Register for the time being, is not entitled to vote in the Election of a Member or Members for the District, County or Township in which his or their place of residence is stated to be situate, shall ha/e the power to add the words <* objected to** opposite the Name of every such Person on the margin of such List; and the Justices or Con- servators of the Peace, or one of them, in each respective Division of the District, shall sign such List, and shall cause a sufficient number of copies thereof to be written or printed, and to be fixed on or near to the Doors of all the Churches, Chapels and Meeting-Houses therein , to be post- ed up in some public situations therein. And the said Justices or Conservators of the Peace shall likewise keep a true copy of such List to be pe- 'ifBf, I «. ; if \ 22 THE dOVKRNMKNT OF rtised by any Person, without payment of any fee, at all reasonable hours> duving the period of the sitting of their respective Courts of Revision, after the said list shall have been made." ^ 38. ** v.— That every Person who shall be upon the Register for the time being, of Voters for any District or County , or any Constable of the District, may object to any Person as not having been entitled to have his name mserted in any Liist of Voters for such District or County ; and every Person so objecting (save and except Jui^tices and Conservators of the Peace objecting . in the manner hereinbefore mentioned) shall, on or before the Twentieth Day of Septenfber in the present and every succeeding year, give or cause to be given, a notice in writing according to the form (No. 3.) in the said Schedule hereunto an- nexed, or to the iiko effect, to the Justices or Conservators of the Peace, who shall have made out the List in which the name of the Person so objected to, shall have been inserted, and the Person so objecting shall also, on or before the Tenth Day of September, in the present and every succeeding year, give to the Person objected to, or leave at his place of abode as described in such List, a notice in writing according to the form (No. 4.) in the said Schedule, or to the like eiTct.'' ^ 39. ** VI.— That on the Twentieth day of September in the present and every succeeding year, the said Justices and Conservators of the reace, shall, in their respective Divisions, of each And eve**y District of this Colony, hold open Courts of Revision, at the places within the NEWFOUNDLAND. ?3 my fee, d of the e vision, hall be Voters table of as not rted in Jounty ; 1 except )jecting hall, on i !r in the T cause g to the into an- tices or re made Tson so And the ore the d every cted to, ibed in to the the like day of needing I of the of each V open in the respective Districts in whirh they respectively reside; and such Court shall be held by one Jus- tice or Conservator of the Peace, or in suqh places where there shall be more than one, then by two or more Justices or Conservators of the Peace for the said District, and such Justices or Conservators of the Peace respectively, shall there produce or cause to be produced, the se- veral Lists of Voters so made and taken as afore- said for that Division of such District or County respectively; and also, a List of the Persons ob- jected to, so made out as aforesaid; and the afore- mentioned Constables shall respectively answer uppn Oath, all such questions as the said Justices •or Conservators of the Peace or any of them may put, touching any matter necesj^ary for revising the List of Voters. And such Justices or Con- servators of the Peace, shall reUin on the Lists of Voters, the Names of ail Persons to whom no objection shall have been made in the manner hereinbefore mentioned, and shall also retain on the List of Voters the name of every Person who ' shall have been objected to, unless the party ob- jecting shall appear by himself, or some one on his behalf, in supp(3rt of such objection; and where the name of any party, inserted in the List of A^oters, shall have been objected to by any Pew- son, and such person so objecting, shall appear by himself o.* some one on his behalf in support of such objection, every Justice or Conservator of the ^eace shall require it to be proved, that the Person so objected to, was entitled on the First day of September, then last past, to have Ais Name inserted in the List of Voters; and in case the same sh'^^ll not be proved to the satisfac- tion of such Justice or Conservator of the Peace, M THE OOVBBNMENT OF the name of such Person shull be expunged from t)ie List; Provided always, that if it shall happen '^hat any Person, who shall have given to the said Justices or Conservators of the Peace, or the said Constables respectively, due notice of his claim to have his name inserted in the List of Voters as aforesaid, shall have been omitted by such Constable or Magistrate from the said List, it shall be lawful for such Justice or Conservator of the Peace, upon the revision of such List, to insert the name of the Person so omitted, in case it shall be proved to the satisfaction of such Justice or Conservator of the Peace, that such Person \ gave due notice of such his claim, and that he was entitled on the First Day of September then last past, to be inserted in the List of Voters in the Election of a Membor or Members for the said respective Districts.*'' § 40. "* VII —That all Justices and Conser- Vators of the Peace in holding any Court under this Act, shall have power to adjourn the same from time to time for the space of Ten Days and no longer, and from any dne place to any other plac^, within their respective Divisions of the District ; and shall also have power to administer Oaths to all Persons objected to or claiming to be inserted in any such Lists; and to all Wit- nesses who may be tendered on either side; and if any Person taking any Oath under this Act, shall wilfully swear falsely, such Person shall be deemed guilty of perjury^ and shall be punished accordingly. And such Justices or Conservators of the Peace, shall, upon such hearing ift open Court, determine upon the validity of all c'.aims and objections and shall write his or their Names NEWFOUNDLAND. ^ iged from 11 happen the said r the said his claim of Voters by such i List, it iservator 1 List, to ), in case h Justice h Person ■■ d that he iber then Voters in s for the Conser- irt under the same ^ays and my other s of the Iminister iming to all Wit- ide; and this Act, shall be )unished ervators in open 1 claims * Names ui or Initials against the Names respectively struck < out or inserted, and against any part of the said t Lists in which any mistake shall have been cor- rected, and shall sign their Names to every page of the several Lists so settled, and such Lists of Voters so signed, shall be kept among the Re- cords of the Courts of Sessions of the respec^^iye Districts, and the said Justices or Conservak'ord of the Peace shall, forthwith, cause the said Lists to be fairly and truly copied, in alphabetical order, in a Book or Register to be provided for that purpose; and shall prefix to every Name so copied out, in proper numbers, beginning the number from the first Name, and continuing them down to the last Name; and such Register, or Book o^ Voters, shall be completed and delivered to the Chief Magistrate of tho District, in suffici- ent time before the then next General or Quarter Sessions of the Peace for such District; and im- mediately after such General or Quarter Sessions of the Peace, a true copy of such Register shall be transmitted, by such Chief Magistrate, to the Colonial Secretary, who., at every Election, shall transmit the same to the proper Returning Offi- cers, who, afler such Election, shall return the same with the Writ." §41. ** VIII. — That if any Person claiming to vote in the Election of a Member or Members of any District aforesaid, shall feel aggrieved by the decision of any Justice or Conservator of the Peace, as to his c!*iim to vote, such person may appeal to the then next General or Quarter Ses- sions of the Peace for the District, and the Jus- tices of such General or Quarter Sessions shall and may revise and alter the said List of Voters, I ;*■#• m THE eOTERNMENt OF \\ ^4r the addition of the name of such person, if it ikall appear to the satisfaction of such Justices that such person was, on the first day of Septem- ber then last past, duly qualified to vote. as an Elector of the said District respectively." §43. ** IX. — ^That any person whose name shall have been omitted from any Registnj of Vo" lers in consequence of the decision of any such Justice or Conservator of the Peace, or any ' Court of Sessions which shall have revised the Lists from which such Register shall have been formed, may tender his vote at any Election at^ which such Register shall be in force, stating at the time the Name or Names of the Candidate or Candidates for whom he tenders such Vote, and the Returning Officer^ or his Deputy, shall enter upon the Poll Book every Vote so tendered, distinguishing the same from the Votes admitted and allowed at such Election. Provided altvays, that in case any person claiming to vote at any such Election as aforesaid ^ and ivho shall have tendered his vote at the same, not having been duly registered according to the provisions of this Act, shall make it appear to the satisfaction of the Re* turning Officer at such Election, that he has actually occupied a Dwelling House for Twelve Months next before the Day of such Election, and that such Twelve Months had not expired on the First Day of September then last past, and is othenoise qua- Hfied according to Law to vole at such Election; such Person shall be entitled to have his JV^ame entered on the Poll Book ^ in like manner as if his ^ame had been duly registered as herein pi^vided. § 43» " X.— That upon Petition to (he Com- n- NEWFOUNDLAND. ersoD, if it I Justices f Septem- vote as an a ose name try of Fb- any such , or any evised the iiave been election at, stating at Candidate uch Vote, luty, shall tenderefd, ) admitted d ahvays, ^te at emy hall have been duly ^ this Act, ^yf the Be- \B actually 1 Months ' that such First Day 'toise qua- ElectiQn;> his jyame as if his provided, the Com- mons House of Assembly, complaining of {ia» undue election or return of any Member or Mem- bers to serve in Parliament, any Petitioner or person defending such Election or Return, shall be ui liberty to impeach the correctness of the Register of Voters in force at the time of sucb Election, by proving that in consequence of the. decision of the Justices, or Court, vvhich shall have revised the Lists of Voters from which such Register shall have been formed, the name of any person who has voted at such Election teas impro-'' perly inserted or retained in such Register , or the nai^e of any pvrson who tendered his vote at su^h Election, improperly omitted from such Register, or not entered upon the Poll Book by the Returning Officer, when tendered; and the Committee, appoint- ed for the trial of such Petition , shall alter the the Poll taken at such Election according to the truth of the case, and shall report their determi- nation thereupon to the House, and the House shall thereupon carry such determination into effect; and the Return shall be amended or th^ Election declared void, as the case may be; and the Register corrected accordingly, or such other order shall be made as to the House, shall seetst proper. , ^ 44. "XI. That no more than one person shall be registered as a person entitled to vote for or in respect of the occupation of any ona Dwelling House; Provided always, that, for the purposes of this Act, any Tenement shall be deemed a Dwelling House for which the Occupier pays Rent by the year, and of which he has the exclusive possession." * # The ibove Aet was suspended for one year by the local Act Ath Wnt, 4, cap. t^ II is 2fk District of THE GOVERNMENT OF ^46. SCHEDULE. No. 1. This List of persons entitled to vote in th^ Election of a Member (or Members) for the Dis- trict of in respiect of Dwelling Houses situated within the Port (Cove or Harbor) of and the vicinity thereof. Christian Name and Surname of each Voter, at full length. Adams, John Berrigan, James Place of abode and Qualification. St. Johni's St. John's Street, Lane, Road, &c. King's Road King s Road § 46. No. 2. (Notice of Constable to be attached to or pub- lished with the List of Voters.) I hereby give notice that the Justice of the Peace for this District, will on or before the of this year, make out a List of all Persona entitled to Vote in the Election of a Member (or ^ Members) to represent the District of in the General Assembly. And all Persons so entitled, and whose names are not included in the above List, are hereby required to deliver or transmit to me, on or before the day of in this year, a claim in writing, containing iheii^ Christian Names, and Surnames, and the Name of the Harbor or Cove, and Place, where the Dwelling House they claim to occupy is situkie. A. B^ [Constable.] trel of of e in th6 the Dis* \ Houses irbot) of eet, ne, tad, &c. 's Road : s Road or pub- ) of the le reraoiiB her (or of 'sons so uded in liver or of g ihei]^ JName 3re the litukie. ble.} ■■'\ NEWFOUNBLAND. ^S9^> ' ^ §47. No. 3. ■ [Notice of Claim to be given to the Magis- trate or Constable.] I hereby give you notice that I claim to be inserted in the List of the Voters for the District of and that (he particulars of my pla€e of abode and qualifipation are stated below. Dated at the day, &c. ToMr. E. F. or \ CD. G. H., Esq., ^48. No. 4. [Notice to be given to the Voter objected to by the party objecting.] \ hereby give you notice that I object to your right of being registered as an Elector for the District of Dated at the day of A^ J* K. § 49. No. 6. District of The List of Persons entitled to Vote in the Election of a Member (or Members) for the Dis- trict of in respect of Dwelling Houses li 30 flfituate in the Irict. THE OOVERIIMENT OF Division of thd said Dis* Christian Name and Surname of each Vo- ter, at full. Place of abode and Qualification. Street, Lane, or other local description. Agnew, Andrew Burdett, Francis St! John's. St. John's. Church Hill. Queen Street § 50. The Legislature of the Colony, on the 30th of April, 1650, amended the foregoing Act, by passing the 1 3th Victoria, Cap. 1, whereby it is provided : "1. That frofti and afler the. passing hereof, lists of Persons entitled to Vote at Elec- tions in the several Districts of this Island, shall be taken and revised in manner prescribed in and by the said recited Act, once in every four years, . and not in each year, as provided by the said Act. Provided always, that in the event of a particular or General Election of a person or persons to serve as Member or Members in the House of Assembly, being appointed to take place at any time before the expiration of any one of the periods of four years therein limited, for taking and revising the said Lists, and after the expiration of one year from the time when such Lists shall have been last taken and revised, it shall and may be lawful for the Governor, for the time being, by and with the advice of Her Ma- jesty's Council, to cause the provisions of the said recited Act to be put into operation in any one or all of the said Districts of this IsUnd. Provided, that should it be found necessary or expedient to hold an Selection or Elections at any a said Dis- reel, Lane, other local scription. lurch Hill. jeen Street my, on the going Act, whereby it? ;he. passing te at Elec- ;land, shall [bed in and four years , )y the said vent of a person or ^ers in the to take of any d 3n n limited, and after when such revised, it or, for the ' Her Ma. ns of the ion in any lis IsUind. lesiary or >ns at any NEWFOUNDLAND. 3]l i^^Hod of the year, when, by reason of tho timies limited in the said recited Act for serving noticeii and holding Courts of Revision, the provisions of the said Act cannot be carried into effect, the Registry of the said A'oters shall be taken and revised as nearly as may be,. according to the:' provisions of the said recited Act, but with sucb alterations in the manner of taking and revising the same as may be found necessary.'* § 51. *'n— That it shall be lawful for the Govern nor, from time to time, to appropriate in the pro- portions hereinafter mentioned, the sum of One Hundred and Fifty-five Pounds to defray the exp€;nses of each Quadrennial Registration in the several Districts of this Colony under this Act, and a like proportion of the above sum for each particular Registration in any of the said Dis- tricts; that is to say;" — *f District of St. John's . . £30 Conception Bay . 25 Trinity Bay . . 15 Bona vista Bay 12 10 Twillingate atad Fogo 12 10 Ferryland 10 Placentia and St.Mary 15 a H Burin . , 10 a ^'^ Fortune Bay ; 15 JE155 § 52. In pursuance of the Commission, In- structions, Proclamation and Statutes hereinbe- 4 fore referred to. General Assemblies have, from time to time, been elected and held in Newfound- 32 THE QOVBBNMENT OF iitpind in the manner therein prescribed; and which ^ommis3ion and Inslructions have been renewed on the appointment of every succeeding Governor. ^ 53. The Qualifications of the Electors and the Elected, as prescribed in and by the said Pro- clamation, continued in force and unaltered from the promulgation thereof, down to the year 1843^ when the Imperial Parliament passed an Act on the subject, being the 5th and 6th Victoria, Cap. J 20, entitled *' An Act for amending the ** Ccntsti' iutionoftke Government of JVewfoundland,^^ wherC" by it is provided: — § 54.—** I. That it shall be lawful for Her" Majesty, in or by any Commission or Commis- sions under the Great Seal of the United Kin^^dom to be hereafler issued for the Government of Newfoundland, and in and by any Instructions* under Her Majesty's Signet and Sign Manual ac- companying and referred to in any such Commis- sion or Commissions, to establish a Qualification in respect of income or properly^ in right of which any Person may be hereafter elected to serve as a Member of the said Assembly; provided that no such Qualification shall be fixed at more than anett annual Income, arisin^r from any source what'^ soever, of One Hmtdred Pounds, or the possession of Properly, clear of all Incumbrances, exceeding Five Hundred Pounds in amount or value." ^ 55.—'* II. It shall b« lawful for Her Majes- ty, in manner aforesaid, to (ix and determine the length of the Period of Residence within any Electoral District in the said Island, which shall be required in addition to any other Qualification lor voting at Elections within such District, or NEWFOUXDLAMD. m nd which renewed rovernor.. :tors and laid Pro- ired from ,r 1842— n Act on ria, Cap. " Cctrtsti- ," where' for Her Commis- Kin^rdom iment of tructions' inual ac- Commis- liBcation of which serve as ded that ore than ce what" teasion of xceeding ' Majes- nine the lin any ch shall fication riot, or for being elected to serve as a Member of the Assembly; provided that such period shall not extend beyond the period of two years next pire- ceding any such Election." % 56. " III. It shall be lawful for Her Ma- jesty, in manner aforesaid, to restrain the said Assembly from appropriating to the public service, within the said Island, any part of the public Re^ venue thereof, in cases where such services shall not have been previously recomuiended; or such grants of money shall not have been previously asked, by or on the behalf of Her Majesty. ^67. " IV. It shall be lawful for Her Ma- jesty, in manner aforesaid, to restrain and pro- hibit the Election of Members to serve in the said Assembly, in different Districts, on successive or different days, and to require that all such Elec- tions shall be simultaneouSt and shall be comple- ted within a time to be limited." § 58. ** V. That any such future Commis- sion or Instructions as aforesaid, shall be laid before both Houses of Parliament within thirty days next after the date thereof, should Parlia- ment then be in Session , or if not, then within thirty days next afler the commencement of the then next session of Parliament. *' ^ 59. The Imperial Parliament, on the ^th June, 1847, passed an Act, being the 10th and Uth Victoria, cap. 44, making the foregoing provisions of the 5th and 6th Victoria perpetual. § 60. By virtue and in pursuance of which Acts of Parliament, Her Majesty issued Her Royal Commisaion and Instructions, on the 19tb W.I ii »i ; . V.,; '\- iftl4 34 THE GOVERNMENT OF •^ny of July, 1848, to the Governor of Newfbiind- )land (J^) declaring and defining the qualifications of Members of the Assembly and of the Electors of the several Electoral Districts of the Island. , i^ 161 By the 10th article of these Instructions rit is provided and declared. ** That the Qualifi- jcation for all persons to be hereafler elected to oerve as members of the Assembly of Newfound- land shall be fixed at a nett annual Income, arising Jrinn any source tvhateverj of One Hundred Pounds, €nr the Possession of Property, clear of sail Incum- hrances, exceeding Five Hundred' Pounds in amount cr;value,** j^- . & 62. By the llth ^rticle of the Instructions, fit IS further provided and declared — ** That the length of the period of residence within any Electoral IJist) ict in the said Island, which shall he required , in addition to a7iy other qualification for voting at Elections for the General Assembly within such Dis- irictf or for being elected thereto, shall be the period pf Tvio years next preceding such JB^ec/tow.'f" ' § 63. It is also required by the 13th Article of these Instructions — ** That all Elections of $femhei'S to serve in the said Assembly shall he sim^ uUaneous, and shall be completed within the period often days from the day bf the receipt by ihe Returning Officer of each District of the Writ Authorising such Election:^— And the Polling at every such Election shall bo completed within •ight successive hours, next immediately following the commenccinent of each Polling." m tir John Oatpard l.e Marchand. 40nt|Mr'i rwidence wm mfficicnt for m Klectvr «ndtr tl|« rrptli|mat^^n. «j NEWFOUNDLAND. 35 ^ewfdund- alificatioos e Electors ) Island. , istructions ie Qualifi' elected to ^ewfound- ne, arising d Pounds, dl Incum- in amount itructions, That the f Electoral '■ required , voting at such bis- the penod th Article ections of til be sim- ithin the eceipt by the Writ ^oiling at 3d within following liimtt^pn. § 64. On the 30th November, 1854, the Legis- lature of the Colony passed the following Act, J8th Victoria, cap. 3, intituled: — ** Jin Jict to increase the present number of Representatives in the General Assembly of this Island f and to regulate the Representation thereof* ** Whereas by Proclamation bearing date the Twenty-Sixth Day of July, in the Third Year of the Reign of His late Majesty King William the Fourth, ihis Island was divided into Nine Dis- tricts, for the purpose of the Election of the Mem- bers of the Assembly thereof; by which Procla- mation, the said Districts were authorized to re^ turn Fifleen Persons to represent them as Mem- bers of the said Assembly, in the manner men- tioned and provided in and by the said Proclama- tion: And whereas, for the good Government of ''^''is Island, it is expedient and necessary that ■\. ire should be an Increase of Representatives ttierein:'' — « § 65. **I. — Be it therefore enacted, by the Go- vernor, Council and Assembly in Legislative Ses- sion convened, that from and after the passing of this Act, the House of Assembly shall consist of Thirty Members, of whom Ten shall be a Quo- rum; and that for the purpose of the Election of the Members of the said .^ssembly, this Island shall be divided as follows: — ^That is to say; The District of Twillingate and Fogo, which ^aall be comprised within the limits of the present Elec- toral District of Twillingate and Fogo, and shall be represented in the said General Assembly by Two Members. The District ofBonavista, which shall be comprised within the limits of the present 4 mt i n ^6 The government of Electoral District of Boriavista, and shall be re- presented in the said General Assembly by Three Members. The District of Trinity, which shall he comprised within the limits of the present Electoral District of Trinity, and shall be repre- sented in the said General Assembly by Th^*ee ^ Members! The District of Conception Bay, ; iich shall be comprised within the. limits of the .esent Electoral District of Conception B^y, . and shall be represented ia the General Assem- ^bly by Seven Members; 'vf whom Two shair be ^chosen by the Electors residing in that part of the said District, to be called the Southern Divi- sion thereof, lying between the District of Saint ..p[ohn*s and Turk's Gut inclusive; one by the I Electors residing in that part of the said District -to be called the Port de Grave Division the^eoC lying between Turk*? Gut exclusive, and Port de Grave inclusive; two by the Electors residing in that part of the said District, to be called the .Harbour Grace Division thereof, lying between , Port de Grave exclusive and Harbour Grace in- clusive, including Harbour Grace Island; one by the Electors residing in that part of the said Dig- tric^, to be called the Carbonear Division thereof, lying between Harbour Grace exclusive and Fresh Water exclusive; one by the t^lectors re- siding in that part of the said District, to be called the Bay de Verds Division thereof, lying between Fresh Water and Bay de Verds both inclusive. The District of Saint John's, which shall comprise the present Electoral District of Saint John's, and shall extend Southward and WestwaHly, to « straight lint drawn from Petty Harbour inclu- sive to the Northern Goulds Bridge on the Bay Bulls Road, and thence to Broad Cove, inclusive, NEWFOUNDLAND. B7 f" . hall be re- ' by Tlirfee rhich shall le present 1 be repre- by Three tion Bay, flits of the >tion Bkj, ral Assem- shall' be hat part of hern Divi- t of Saint 16 by tHe lid Distribt n thereof^ nd Port de esiding in culled the f between Grace in- d; one by said Die- n thereof, sive and ctors re- be called between nclubive. comprise John's, aHly, to >ur inclu- the Bay nclusive, shall be represented in the said General Assem- bly by Six Members, of whom Three shall be chosen by the Electors of the said District re- siding Southward of Saint John's Harbour, and Westward of a Line drawn from said Harbour through the centre of Beck's Cove, thence across Duckworth Street round the West side of Play House Hill, along the centre of Carter's Lane — up Carter's Hill, thence along Cook's Town Road, thence along Fresh Water Road to the West end thereof, and thence in a direct line to Broad Cove Settlement inclusive ; wh* ch shall be called the Division of Saint John's West; and Three by the Electors of the said District residing Eastward and Northward of the above named Cove. Line, Lane and Roads, including Belle Isle; which shall be called the Division of Saint John's East. The District of Ferryland, which shall be comprised within the limits of the present Electc^n.! District of Ferryland, and extending to the said South Western boundary of the said Dis- trict of Saint John's, and shall be represented in the said General Assembly by Two Members . The District of Placentia and Saint Mary's, which shall be comprised within the limits of the present Eleetorial District of Placentia and Saint Mary's, and shall be Represented in the said General Assembly by Three Members. The District of Burin, which shall be comprised within the limits of the present Electoral District of Burin, and shall be represented in the said General Assembly by Two Members. The Dis- trict of Fortune Bay, which shall be comprised withiQ the limits of the present Electoral District of Fortune B&^ , and snail be represented in ^hv laid General Assembly by One Member ^ and alio i 38 THE GOVERNMENT OF all that part of the South Coast of the Island, lying between Bonne Bay and Cape Ray, with the Islands adjacent thereto, shall form an Elec- toral District, to be called the District of Burgeo and LaPoile, and shall be represented in the said General Assembly by One Member." ^66. *' And whereas in pursuance of the Pro- vif^ as of an Act passed in the Tenth and £1 enth Years of the Reign of Her present Majesty, entitled '* An Act to render permanent certain parts of the Act for amending the Consti- tution of the Government of Newfoundland," Her Majesty, by Royal Instructions bearing date the Nineteenth Day of July , One Thousand Eight Hundred and Forty-eight, did among other things declare, that the Qualifications of Persons thereafter to be elected to serve as Members of the Assembly of this Island, should be fixed at a net annual income, arising from any source whatever, of One Hundred Pounds, or the posses* flion of Property, clear of all Incumbrances, ex- ceeding Five Hundred Pounds in value ; and the length of the period of Residence within the said Island which should be required in addition to any other Qualification for being elected to the Gene- ral Assembly aforesaid, should bo the Period of Two Years preceding such Election." § 67. '* II. — Be it therefore enacted, that the Qualification so hereinbefore declared, in ad- dition to any other Qualification now by Law required for Members to serve in the Ueneral Assembly aforesaid, shall be and continue as the came are hereinbefore declared and defined." § 68. '*III.7-For the purpose of the Elec- tion of Members to serve in any General Assem- NEWFOUNDLAND. 39 the Island, i Ray, with rm an Elec- t of Burgeo inted in the ber." of the Pro- Tenth and [er present r permanent the Consti- foundland," )earing date usand Eight nong other of Persons Members of fixed at a any source ' the posses- ranees, ex- le; and the bkin the said lition to any o the Gene- 3 Period of acted, that ared, in ad- w by Law he GenernI tinue as the defined." r the Elec- ral Assem* bly, it shall be lawful for the Governor for the time being to nominate and appoint proper per- * sons to execute the office of Returning Officer in each of the said Electoral Districts, and Divisions of Districts, of this Island, to whom Writs in Her Majesty's Name shall be issued, directing them to summon the Freeholders and Householders of all the said Distrfcts and Divisions of Disv.rict8 respectively, to proceed to the Election of Per- sons to represent them in the General Assembly according to the Regulations and Directions con- tained in Her Majesty's Royal Instructions afore- said; and such other Regulations and Directions as shall be signified in any Proclamation or Pra* clamations, to be issued by the Governor accord- ing to the Laws of the Island now in force or hereader to be in force in that behalf." §69. '*IV.— The Returning Officer from each District shall be entitled to receive from the Colonial Treasury, Thirty Shillings for every Member returned, upon the Return of the Writ for such District. When there is no contest, he shall be entitled to Ten Shillings from every Candidate for such District; and when there shall be a contest and Poll demanded, Twenty Shillings for every Candidate instead of Ten Shil- lings; and further, when there shall be a contest, there shall be paid to the Returning Officer of dach District, by the Candidates for such Dis- trict, in just proportions according to the number of the Polling Places in which each Candidate is interested, the following sums: — Twenty Shillings for procuring a Booth or Polling Place for each District or Division of District, except where the Polling Place shall be a Public Building that can be had without charge; Twenty Shillings for everf 46 THE GOVERNMENT OF Presiding Officer, and Ten Shillings for eVery Poll Clerk, to include their Travelling Fees; and the Fees shall be paid to the Returning Officer for each District on the day of Nomination of Candidates for such District; and the name of no Candidate shall be entered on the Returning Officer*s Poll Book, or returned to Presiding Officers^, who shall not have paid or tendered the full amount due from him under this Section be- - fore the expiration of the time named for th^ Nomination of Candidates: Provided always, that the amount to be paid by any Candidate shall not exceed the Sum of Ten Pounds." § 70. On the 30th day of April 1850, the lo- cal Legislature passed an Act intituled *' An Act to provide for the Vacation of Seals of Members of the House of Assembly in certain cases , and for the Election of Members in their stead, ^^ By which it is provided, ** I. — That from and after the passing hereof, whenever any Member of the House of Assembly of this Island shall accept any office of emolument from the Crown, his seat in the said House of Assembly shall im- mediately thereupon become vacant. ^71. ** II.— That whenever any Member shall accept any such office as aforesaid, or any Member who shall be desirous of resigning his seat as a Member of the said House of Assembly, shall, by writing under his hand, in the form hereunto annexed, tender to the Governor, or Person administering the Government for the time being, the resignation of his seat in the said House of Assembly, it shall and may be lawful for the Governor, or Person administering the Government for the time being, to issu^ a writ, y a >r NEWFOUNDLAND. eVery es; and ; Officer atipn of me of no eturning residing ered the ction be* for th^ always, late shall ), the lo- lembers of mdfor the By which afler the jr of the ill accept 'own, his shall im- Member id, or any gning his Userobly, the form ernor, or t for the 1 the said be lawful ering the 1^ a writ, ^ afler such ac9eptance of office or resignation aforesaid, for the election and returt^ of a Mem- bei* in place of him so, accepting office or resign- ing, 1^8 aforesaid: Pvo'vided always, that nothing hierein contained shall prevent a Member so ac- cepting office o^ ' signing his seat as aforesaid, from being re-elected a Member of the said House of Assembly: Provided also, that any Member so resigning, und offering himself as a candidate at the election consequent on such re- signation, shall bear the expenses of such eiec- tioji, so far as the same have been usually borne by the Colony, and shall, before he shall be npininated as a candidate for such election, de- posit with the Colonial Secretary such sum of money, not exceeding the amodnt paid by th^ Colony for the last preceding election of the District for which such Member was returned, as the Governor in Council shell direct; which sum, or so much thereof, as may be required for that purpose, shall be applied by the said Colo- nial Secretary in discharg of such expenses. § 72. ** III.— Ad be it further enacted^ That nothing herein contained shall extend, or be construed to extend, to vacate the seat of any Member of the House of Assembly who m^y accept a commission or appointment in he|r Ma- jesty's Army or Navy, or who may accept any ofp.ce which is now or may be hereafter compul- sory or obligatory by the imposition of any fine or penalty by the laws of this Island, or who shall accept any acting appointment, where such acting appointment shall not continue beyond the period of six calendar months. § 73. *'IV.— Ad be U further enacted, That 42 THE GOVERNMENT OF whenever any Member of the said House of As* ■embly. shall be declared bankrupt or insolvent, the seat of such Member shall immediately there- upon became vacant, and the Governor, or Per- son admijaistering the Government , shall issue a writ for the election and return of a ]\f emj^er in the stead Of him so declared bankrupt or insol- vent: Provided always, that nothing herein contained shall prevent such Member so declared bankrupt or insolvent from being re-elected a Member of the said, House of Assembly, he hav- ing first obtained a certificate of discharge pur-^ suant to law, and being otherwise duly qualified. ^ 74. **V, — And be it further enacted. That this Act shall not have any force or effect until Her Majesty's pleasure thereon shall have heeJk first duly signified.! ^ 75. FORM OF RESIGNATION. To His Excellency, &c. Mav it please Youb Excellency; — I, the undersigned, A, B., of Esquire, Member of the General Assembly for the District of do hereby resign my seat as Member for the said District. Given under my hand at this / day of A.D. 18 . Signed by the said A. 6., in / ■ , presence of us, 5 CD., of&c. > E. F. i or ^ This act received tlie royal anent. NEWFOUNDLAND. 4$ bse of As« insolvent, ely there- r, or Per- ill issue a [eint>er in or in^ol- g herein declared •elected a , he hav- arge pur-^ qualified. ted, That nfect Until ave beeil ON. ^mbly fop esign my under my ay of § 76. By an Act of the Legislature of the Colony, the 6th William 4th, cap. 7, intituled ■* •B.n Jici to limit the duration of the present, and all future Houses of ^Asstmbly, in this Colony," it is provided : "I. That the then existing House of Assem- bly of the Colony should cease and determine on ion the First day of January, 1838.* § 77. '* II. That from henceforth each and every House of Assembly which shall at any time or times hereafter be convened, called, sum- moned or held within this Island of Newfoundland shall, notwithstanding the demise of the Crown, have continuance for the term or period of Four years, to be computed from the day on which by any Proclamation or Proclamations of His Majes- ty such Assembly shall first be duly appointed to meet, and no longer ; Provided always, that nothing herein contained shall extend, or be con- strued to extend, to prevent His Majesty, his Heirs or Successors, from dissolving any Assem- bly, shall he or they deem it expedient so to do." .c* ■T""'.. » MODE OF CALLING THE GENERAL ASSEMBLY AND MANNER OF PROCEEDING THEREIN. § 78. The mode of calling a General As- sembly is by the order of the Governor to the Colonial Secretary. The latter prepares Writs in the Governor's name, directed to the Return- ing Officer in each District, to cause Represen- tatives for such District to be elected. These Writs are signed by the Governor, and sealed #Tbat Mouse was diisolred by Procl«B»ti*n, in 1836. 44 THE GOVERNMENT OF with the Great Seal of the Island, and are coun- tersigned by the Secretary. A Proclamation is published in the Gazette at the same time, in which the calling of the Assembly is stated. The Governor also dissolves it by his proclama* tion, and its prorogation from session to session is intimated by the President of the Council, at the Governor's command publicly, at the close of the session, in the Council Chamber, when the three Branches are met together. By the tenor of the Royal Instructions, the Governor is bound to bring the Assembly toge- ther once in every year. ^ 79. Reserving such authority as the Parlia- II ment of the United Kingdom may hold for the general interest of the Empire, over this portion of it, the whole sovereign legislative power, in almost all local matters, is exercised by the Ge- neral Assembly of the Island, which makes, alters, or abrogates the Laws, and appropriates public moneys, levies duties, imposes taxes, in- vestigates public accounts, redresses grievances, and generally legislates on the affairs of the Colony, as they are brought under its notice by the Government, by its own Members, or by Petition from their constituents. § 80. The rules of practice which govern the proceedings of a Colonial Assembly, are not of necessity analagous to the rules of prac- tice of the Imperial Parliament ; but depend on the constitution and usage of the Colony itself. —2 Chalm. op,, 3. The latter being governed by the lex Parlia- mentiy or its own precedents, while the former is are coun- imation is Q time, in is stated, proclama- o session ounctl, at the close ber, when tions, the ihly toge- le Parlia- Id for the is portion power, in Y the Ge- h makes, )ropriates taxes, in- ievances, s of the notice by s, or by I govern bly, are of prac- >ny itself. V Parlia' former is NEWFOUNDLAND. 4d» regulated by the Common law and Colonial utit^i ages.-^l Chalm. op. 263. §81. Among the privileges of the Assembly may be mentioned, freedom of speech in debate, and freedom from arrest. At the opening session of every new Assembly, the Speaker demands those privileges of the Governor, in the name of the House, as well as personal access for himp self to his Excellency, whenever public business should require it. The personal freedom from arrest extends to all civil process, and also to all criminal, except treason, felony, and actual breach of the peace. . i § 82. By the usages of Parliament, ail parties concerned in the arrest of a Member wiil be made liable to punishment by the House, for the c^^^n* tempt of its privileges. § 83. It is the indisputable right oi the House of Assembly that all money grants begin there.* It is also the rule that no amendment or alteration of a money Bill or Act which in any way imposes a fine or a pecuniary burthen on the people, can be proposed by either of the other two Branches, or received from them in the House of Assembly. Any attempt of the kind, though even inadver- tently made, is sure to be tr. nt*)d as an infringe- ment of the privileges ofthc; Representatives of the people, who alone are to exercise the right of granting to public purpcu^es the money or pro- perty of their constitueats. The Assembly is res- — -■■ -- — ■ ■ I --- - . . -- .. .—^ — ^ i)^ y'lAe^Qy^\ InstructionH as to the initiaUonof such money grants. - -^m^:-"^ ^ "* I 4B THE GOVERNMENT OF :i!' trained from appropriating to the general service of the Colony any part of the public money, un- less the same be previously recommended, or asked for by the Governor. ^ 84 . The Speaker presides over the House of Assembly ; he must be a Member chosen from among the rest by the majority of votes. The Clerk takes these votes, and declares the elec- tion; he i" then conducted to the Chair, but before Ne acts further in that capacity, he is presented to the Governor, and, having been approved of by him, he then enters upon his duties. § 85. The Speaker sits in the Chair, and takes the voles in all the more formal and regu- lar proceedings. When in the Chair, he reads the Resolution or other matter, or directs the Clerk to do so. He puts the question, reckons the members on both sides, and declares the result. While in the Chair, he takes no part in any discussion, but interposes occasionally on incidcntai questions regarding the order and de- corum of the proceedings. In all questions con- cerning tne forms of the House, he acts as the judge, unless their novelty or importance induce the House to refer them to its Standing Com- mittee of Privileges. The Speaker gives no vote while in the Chair, except the Members present are equally divided, and then he gives the casting 70te, which, in money questions, is to be givep against granting money. § 86. In all cases, a simple majority decides the question. Those vote$ are given operJy, and i!ii;;^ y NEWFOUNDLAND. 47 al service [oney, ud- tended, or le House >sea from tes. The \ the elec- )hair, but ity, he is ring been upon his /hair, and and regu- he reads irects the , reckons ares the no part in 01 ally on r and de- lions con- cts as the ce induce ing Com- IS no vote present e casting be giveq decides [e Jy, and viva voce, and each member is entitled, if he thinks fit, to state the reasons that sway him, taking care not to speak more than twice to the same question in the House, that means, the Speaker presiding. § 87. He being out of the Chair, and the House in Committee^ the members may speak to any question, as often as the Committee is dis- posed to hear them. ^88. When a seat becomes vacant, by the death of a Member, or otherwise, the House directs the Speaker to communicate the fact, by letter, to the Governor, and to request him to cause a Writ to be issued to fill up the vacancy. § 89. The manner of passing Bills is nearly the same in both the Chambers. If the Bill be of a private nature, a petition must be first pre- sented by a Member, and then leave obtained of the House to prepare and bring in the Bill; a Committee of tnree or four is generally named to prepare it. ^90. A public Bill is either introduced by a Member, who asks for leavo to present it, on which it is usually read a first time as a mitter of course, or (as frequentlv practised when it is wished to pass an Act of^ importance) a large and respectable Committee is appointed to pre- pare the draft of a Bill; the Chairman of the bommittee usually draws it up and submits it to the other Committee-men, ana when it is modeled to the satisfaction of a majority of the Committee, the Chairman offers it to the House, at the re- m i' M8 THE GOVERNMENT OF «iilt of their labors. This saves much trouble. It is then read a first time. The Bill when first read, has generally a number of blanks in it for vums of money, periods of time, and everything that is dubious, or on which difference of opinion is most probable. Its progress through theHouse is divisible into £ve distinct stages — the Ist and *^d reading — commitment, — 3d reading, and — motion that it pass. Sometimes it is committed on the first reading, and sometimes it is not com- mitted at all — as where, on the 2d reading, there is no objection to the Bill, nor any blank to fill <>9llfl t The House frequently permits the readipg ''of the Title to stand for the reading of the whole Bill; this is to save time. § 91. At any of these stages, a Bill may be opposed, but it is usual to debate on the second reading, if the general object of the Bill is dis- puted. Af\er the second reading, the House takes it up again, when in Committee of the whole House, to consider such Bills as have \ passed the second reading; and in this Com- "^mittee the several clauses of the Bill are minutely considered and adopted, altered, or rejected, and the blanks are filled np. - § 92. To form the Committee of the whole House, the Speaker leaves the chair, and may take a part as an ordinary member, the chair being filled by another member appointed for that purpose. After it has gone through Committee, the Chairman reports it to the House with any atnetiddienta that may have been agreed to, and then th^ House reconsiders the whole Bill again, 8i4 ^he qiiefltion is repeatedly put upon every clauM and amcadment. NEWFOUNDLAND. 49 h trouble, when first l(s in it for everything of opinion theHouse he Ist and ng, and — committed s not corn- ling, there lank to fill e reading the whole ill may be he second Bill is dis- lie House ee of the 3 as have his Corn- minutely ected, and the whole and may the chair 5d for that ommittee, with any sd to, and )ill again, pon every § 93. Wbeii the House has agreed or dis- agreed to the amendment of the Committee) and sometimes added new amendments, it is ordered to be engrossed — that is fairly copied out as altered. When that is done, it is read a third time, when also amendments may be made to it, and if a new clause be then added it is called a Rider. The Speaker then recapitulates the stages through which it has passed, and puts the question that it do pass. If this is agreed to, the title is then settled, and the Bill goes up from the House to the Legislative Council for their concurrence. § 94. When the Bill goes up to the Council., it there passes through the same forms it did in the other House, except that it is not again en- grossed, and if rejected, no more notice is taken, but it passes sub silentio to prevent useless alter- cation. If agreed to, the master in Chancery, or Clerk of the Council, delivers a mt jsage to that* eflfect at the bar of the House; and if agreed to with amendments, the amendments are sent down in writing with the Bill. § 95. When the two branches differ in opinion as to any clause or Bill, or other matter that is supposed capable of being adjusted by mutual explanation, the course is to hold a conference between a select Committee of each House, who receive instructions and report what has been said; but these Committees have no power to coocUde any arrangement, that being left to the vote of the respective branches. ^ 96. The same forms, miUatii mntandUy are observed when a Bill originates in the Legislalive Council. bo THE GOVERNMENT OF III '! I ii ^ 97. The House of Assembly claims and ex- ercises the sole right of originating all Bills of supply and extends the principle to every Bill, imposing any tax, charge, or pecuniary penalty, and it is the rule of the House of Commons that all sums granted to the Crown shall b^ fixed in the Committee of Supply, which is a Committee of the whole. ^ 98. Ttte Chairman of the Committee of Supply, ; hen the members are equally divided on a question respecting the grant of a larger or less sum of money, or the longer or shorter time for its liquidation, is to put the question, first for the less sum, and so for the longer time. 3 Hats. 183. 184. ^ 99. In Bills which are intended to raise Revenue, the Council are not to make any amendments, except it might be to correct a yerbal or literal mistake. 3. Hats. 153. 154. ^ 100. In other Bills containing pecuniary penalties or impositions^ they are not to alter the sums, the management or disposal of them. 3. Hats. 154. 155. § 101. In the consideration of questions not connected with Bills it is usual to resolve the House into a Committee of the whole ; such are the ordinary Committee of ways and means, in which the revenue is annually settled, and the Committee on private petitions. The same course exists in considering of Addresses to the throne, or adopting such as have been prepared by Committees Select Committees are frequent, and prepare and arrange most of the business for ■ f NEWFOUNDLAND. 51 ns and ex- all Bills of every Bill, y penalty, (imons that t)<^ fixed in Oomoiittee nmittee of divided on rger or less ir time for rst for the Hats. 183. }d to raise make any correct a ^3. 154. pecuniary to alter the ' them. 3. estions not resolve the such are means, in d, and the The same isses to the -n prepared e frequent, usiness for the consideration of the House. They are gene- rally authorized to send for persons and papers, and take evidence (without oath). § 102. The regal assent is given usually by the Governor, as the Representative of Her Ma- jesty, and for this purpose, the Governor, Legis- lative Council, and House of Assembly, usually meet once before the close of the Session, in order to pass those Bills into Law, which have been agreed upon during the Session. § 103. At the close of the Session, the Supply Bill, and such others as are ready, are assented to by the Governor. >;iM The Clerk of the Council^ or Master in Chan- cery, reads the title of each Bill, and hands it to the Governor, who thereupon says, ** I assent to this Bill." Riiti'j. tivi^*,^.H..>^ *■ ^ k04. Bills with a clause suspending their operaion, until Her Majesty's pleasure isknown^ receive their confirmation by notice from the ^ecretakY for the Colonies to the Governor, wha makes it rjiown to the Legislature and the public. Sometimes the Governor veserves a Bill himself, for the pkafMxc of H^r Majesty ; but this is rarely done. ' * "' ^p.'.w*. \ 10^. The Acts when passed, are pubUshed in the Hot/a/ Gazette and copies are also trans- mitted by the Governor to the Colonial Office, in England, where the Acts undergo investigation by the Imw OSkers of the Crown. § 106. A Colonial Act lias the same effect Tn the OolfMiy, that an Act of Parliament h^i in §. I »2 THE q6vERNMBNT OF § 107. By an Act of the Legislature of the Colony pa^^ed in 1834^ being the 4th Will. 4. cap. 21. it is provided, that the Clerk of the Legis- lative Council shall indorse in English, on every Act ofParlian^ent of this Island which shall there- afc*:.r be passed, the day, month, and year, "n^'hen the^same sfiall have been passed; had that &uch indorsement shall be the date of Us (lomnvA Mi- ment, unless where it conf:ains ;i paiticuiar c.\ai- mencement. , c § 108. Each House can adjourn itself from day to day, or for one or more days, ^'oy its own authority; the adjournmeat of ono J^ouse does liut a^ect the other; afior adjoijrnm«int, when .>iet, busines J ta taken up in the stage, where it ..wa3 ha ofi'on the preceding day, ^ 109. Prorogation continues the Assembly from Session to Session. It is made by the President of the Legislative Council, in the pre- sence and by the order of the Governor, and a day ii then mentioned fOi* the next meeting of the Assembly. This day is usually postponed by proclamations at several periods, until the usual time of meeting, the last proclamatior. expressing the day of assembling *' for the dispa v<« of b!isi- ness." s- § 110. It is the duty of the Governor to call the Legislature together, to dispatch business «nce in everj^year. § 111. Both HousM are of necessity pro- rogued at the same time. § 119. The Setsion cannot be otherwiie tmr^ minated, but by prorogation; however in co&itrue- ire of the ^ill. 4. cap. the Legis- on every hallthere- sar, "5^-'hen that ^uch •uiar cvin- ,tj"^ iself from >y ii8 own ^ouse does [unt, when , where it Assembly > by the 1 the pre- Dor, and a ting of the poned by the usnal xpressing *« ofbbsi- 1107 to call busineBS laity pro- Twiteter- c^nstmo* NEWFOUNDLAND. 63 tion ofL^w, if no Bill be«passed or judgment pro- nounced, there is no Session — the effect of pro- rogation is such, that all Bills begun and not per- fected must be resumed de novo (if at all) at any subsequent Session. § 113. The Governor can prorogue the Gene- ral Assembly, during its adjournment, or at any time, and prorogation is effected in Law, by a Writ issued and tested before the day of meeting of Parliament, discharging the members from their attendance at that day, and appointing another for them to meet. This is usually done by proclamation. * See 1 Chalmer^s opinions 234 236. ^114. Dissolution takes place by the com- mand of the Governor, expressed in person to the other branch, or by proclamation, t # If the Members neglect to attend on the day appointed for the meeting of the General Asiembly, or on a day to which they are adiourned, the Governor cannot inue new Writs without a dissolution, l Chahner's opinions, t70 971 •f The change of Governors does not dissolve the General Assembly. I Chalmer's opinion, S44. And although a GOTernor be superseded by a new Commission to another, yet all Laws passed «nd other official Acts, done by him, before notice of his dismissal &c., will be valid. Ibid 938* « ,1 ■ '4 . V ! I > tilt m CHAPTER lil. OF THE EXECUTIVE POWER OP THE CONSTITUTION. -;*^'' 1. The Governor, 2. The Executive Council, 1. — THE GOVERNOR, ^ 115. The Executive Power is that which ia charged with superintending the Exeeution of the Laws. When, with reference to anj object whatever, the Government desires to declare its pleasure or will, a Law must be passed to that end, which can only emanate from the Legislative Power; but all things which are the rbisult, the conse- quence, and appertain to the execution of a Law already made, of a will already expressed, o^ a resolution already taken by the Legislative Power, enter into the circle of the privileges of the Executive authority. For example, no other than the Legislative authority can decide, if taxes shall be imposed, augmented, or diminished; but once that these taxes have been determined and fixed by the Legislative authority, the care of collection and the administra'ave superintendence, and the rules and orders, which affect their col- lection, are absolutely dependent on the Execu- tive Power. The promulgation of the Laws also appertains to that power. . \ NEWFOUNOLAND. 56 £R 1 ■ V' which ia on oflthe /hatev^r, tasure or id, which Power; le conse- if a Law led, o^ a igislative ileges of no other , if taxed led; but ned and care of ndence, leir col- Execu- )pertain8 §116. Th^ Executive Power in this Colbny is Sii the hands of a Governor, assisted by a Council which he chooses fur himself. The Executive Power is in some sort a branch of the Legislative Power. '\ § 117. The Governor, as Representative of the Queen, constitutes one of the branches of the Legislature; and the Ministers who advise him ^ have seats either in the Assembly or Legislative Council, when they attend during the Session in order to explain to these two branches of the Legislature the measures of the Government. § 118. The Executive Power must so com- bihe its action, as to be at)le always to be sus- tained by a majority of the two chambers^ irr^r §119. The name Council is given to the meeting ot the Councillors; that of Cabinet is given to the Councillors considered as an advising body; that o^ Minislry to the Councillors who are considered as responsible ; that of MmiiMtTQAion to the Councillors when sometimes taken in. con- junction with others; and that of Govtimment to the Members of the administration, including the Governor. § 120. The Governor performs all the> func- tions of the regal office, necessary to the well being of the Colony, subject to such instructions from the Crown, as may be furnished him from ' time to time. § 121. Those hilBtfuctions, vhica wiiri^ i^ii)l- lished 89 rtrles for the guidante of the Goloiltal Executive, before the representative coniHtfnIioti | was gtailti^d to thin Celony, stand upon a difibtent 56 THE GOVERNMENT OP footing from those of more recent date, and having been promulgated by what was then the sole Legislative and Sovereign Power in the Colony, assume the character of Laws and the groundwork of its constitution. Since the As- sembly was called into existence, it must be allowed, that the powers and prerogatives of the Crown have been lessened considerably, and that any instructions since that period can only be considered as the Acts of an Executive Govern- ment, and limited by the rules which circumscribe the prerogative in the mother country. § 122. From the year 1578 down to the year 1825, the management and administration of the affairs of Newfoundland were intrusted by the Crown of England to the various Fhaling Jidmi~ rah and JSTaval Govetmors, who were, during that interval temporarily appointed for that purpose. § 123. In ^i,he year 1825, Capt. Sir Thomas Cochrane assumed the reins of civil Government in this Island. From the commencement of his administration, may be dated the permanent settlement of the Colony and of its civil and political institutions. § 124. The Governor or Administrator, must be sworn into ofRce at the Executive Council Board, taking the Oaths of Allegiance, &c., As directed in the Royal Instructions, before he enters on his administration ; his swearing in is usually performed by the Chief Justice, and is the regular form by which the Governor is re- I cognised, after which, he sits in the Chair of ' StatOi or Throne, in the Council Chtmb^. ■NEWFOUNDLAND. sr late, and then the 3r in the 3 and the i the As- must be eB of the , and that i only be J Govern- surascribe \ the year on of the id by the ing Jldmi" Liring that purpose. Thomas vernment istration, nt of the ititutions. or, must Council » &c., tB >efore he ring in is and is lor is re- Chair of § 126. The Governor, on his arrival in the Colony must, (agrcv^ably to the directions of hi» Commission and Instructions), in the first place, cause his Commission as Governor, Commander in Chief, &c. , to be read and published at the first meeting of ihe Council, and also, in such other manner as hath been usually observed on like occasions. In the next place, he must take the Oaths of Office, and administer the same to each of the Council." — Stokes on the Colonies, 177. § 126. If a military man, he is Captain-Ge- neral of the Forces; he is also one of the con- stituent parts of the Legislature; he has the power of convening, adjourning, proroguing, and dissolving the General Assembly; he may also give or refuse his assent to any Bill which has passed the Legislative Council and Assembly. § 127. He ha3 also the disposal of such emo- luments as Her Majesty does not dispose of herself, and with regard to such offices as are usually filled by the immediate appointment of Her Majesty, compatible with the principles of Responsible Government, if vacancies happen, by death, or otherwise, the Governor provision- ally appoints to such offices, until they are fHled up according to the constitution, .c. § 128. The Governor has the custody of the Great Seal of the Island, and is Ordinary within hit Government. He is usually named first in the Standing Commiision issued under the 1 1th and 12th William 3d, cap. 7, for the tnore effec- tual suppression of Piracy. J Uii^/JiJ i*a 7^; m THE eOTEBNlUENT OF iji 'uil!' >. § 129^ Although he is general!/ Vice-Aclmi- Tlii in the Colony, he does not pxmle in the Court of Vice- Admiralty thetrein, there being a Judge of that Court appointed by Royai autho- rity, resident in the Island. ^ 130. In time of War, Commissions to Pri- vateers may be issued by the Judge of that Court, by virtue of a Warrant from the Gover- nor. — Stokes, 184^ 185. ^ 131^ The Governor retains his office during the Queen's pleasure, and in case of oppression, or other misconduct, (on complaint by petition,) lie may be removed by the Queen in CounciL §132. On absence without leave, of misbe- haviour, any Officer in the Government is remov- able by the Governor and Council, who are authorized to give leave of absence, when neces- sary. The Governor is generally directed to report every leave of absence thus given within a week or fortnight after granting it. § 133i If it is not confirmed in England by the Government within a month or so after the repfort is received, the Officer having leave is tb return at once to his station, or vacate office. ^134. AfithQ office of Governor is in the nft^^re^of Vice^-Roy, representing the Majiesty, 841 well' as the authority of the CoroMirn, h6 isv therefore, locally^ during, bid administitlition> not araei^able in that cap(actty, to any civil oil cfiiloif- nal tribunal in the Colony* ^ice-Aclmi- (i'ie in the ere being a )yai autho- ons to Pri- ge of that the Gover- [fice during >ppres3ion, y petition,) !)ouncih of misbe- t is remov- who are hen neces- irected to n within a ngland by » after the eave is tb office. IS in the Majesty, n, he isv aiion^ not o£ ctiibir inu')^ ffu? NEWFOUNDLAND. ^ § 135. '* So tfaat,^ emphatically, the Qovernor must be tried in England, to see whether be hae exercised the authority delegated to him by letters patent, legally and properly, or whether he has abused it, in violation of the Laws of £ng^ land and the trust reposed in him." — Mostyn v. Fabrigas, J Coiopcr, 172, 173. ' ^136. The British Statute of the 42d G. 3, cap. 85, authorizes the Court of Queen's Bench, in cases where oppression is proved against the Governor, to adjudge him incapable of serving the Crown afterwards in any civil or military capacity, and it enables the Qjueen's Bench to issue a Mandamus to the Cdlony, or a neighbour- ing one, directing the Colonial Court to take the Evidence, on charges of this nature. * . ■ ■* § 137. The Governor appoints the Council- lors and the different public officers of the Colony, on vacancies occurring, subject of course, to the ^ principles of the constitution. He also had the power of suspending such Officers upon sufficient cause. § 138. He has authority to grant pardon in criminar matters, and to remit *' offences, fitieB and forfeitures.!'^^ ^ ^^,1? («• .-.■...■,■. ^ - , •> ^ 139. In case of the decease of absenoe of the Governor from the Colony, the duties of his office are performed by the Administrator of the Government; hitherto in the absenev^ of the Gro*- vca^nor, (there being no^ Lieutenant GovisnioriBf thelslftnd) the duties of Administrlatior have been penoarmed by the Colonial Secretaryi - ' mm THE GOVERNMENT OF n § 146. For further information on this im- portant subject, the reader i» referred to the Governor's Commission and the Rojal Instruc- tions issued on his appointment to the Govern* ment of this Island. THE EXECUTIVE COUNCIL — ITS COMPOSITION — ITS PRIVILEGES. § 141. The Executive Council is composed of a certain number of Councillors, chosen by the Governor, in order to assist in the administration of the affairs of the Colony. By the Royal In- structions recently received by the Governor of this Island, he is authorized to appoint an Execu- tive Council to assist him in carrying on the Go- vernment; this Council is -to consist of seven members who are to hold their appointments at that board during the Sovereigns pleasure. The Governor is obliged to transmit to the Q,ueon, through one of the Secretaries of State exemplifi- cations of all such Instruments as he shall issue for the appointment of the members of the Execu- tive Council. He is also to communicate to the Council the Royal Instructions and all such other Instructions of the like kind, wherein their advice is stated to be required, they are to have freedom of debate and to vote in all matters of public con- cern in the Council. When, in consequence of the resignation or retirement of a Ministry the Governor is obliged to form a new one, he ordinarily sends for one of the chief or leading members of the opposition, to whom he confides the duty of makins a eboic^ of persons to fill the places of those who may hltvo n this im- red to the eil Instruc- le Govern* ITION — ITS composed sen by the linistration Royal In- overnor of an Execu- 9n the Go- of seven ntments at ure. The e Queon, exempliB- ihall issue le Execu- ite to the uch other sir advice e freedom jblic con- lation or it obliged for one of ktfition, to |clKnc<| of lay h§vo NEWFOUNDLAND. 61 retired. It is this member who is called the Premier, or first Minister. § 142. The number of Councillors is*y%t limited; but the Council is generally composed of the chiefs or heads of principal departments; as the Colonial Secretary, Receiver General, Sur- veyor General, Attorney jGeneral, an^ Solicitor. There is also a President of Council. Some other important persons, belonging also to the Legislature, may some times be called to the Council, when their talents may be of great service to the Government: But the Council should always be so constituted, as to have the support and confidence of a majority of the repre- sentatives of the people. ^ 143. The Councillors have an Oath to take upon entering upon their functions. They swear among other things, to advise the Governor ac- cording to the best of their judgment and discre- tion, and to act with impartiality by laying aside all fear, favor, and alfbction. § 144. The Councillors assemble and sit from time to time according as circumstances require it: But they cannot proceed to business without being first summoned by the Governor; nor un- less three of that body be pvesent and assisting at any meetings at which business is to be tran- sacted. The Governoi may dissent from the opinions of the majority or of the whole of the Council, upon any question submitted to their considera- tion. The members of the Executive Council can in any case record at full length in their minutes, iiii 62 THE GOVERNMENT OF the grounds and reasons of any advice or opinion they may give upon any question brought under the consideration of that body. The Governor has power to appoint one mem- ber of the Executive Council to preside over its proceedings in his absence and he can remove him and appoint another in his place ; and in case of the absence of such membor, then the senior member of the Council present presides, the seniority of the members of that body being re- gulated according to the order of their respective appointments. The Executive Council is required to keep a full and exact Journal of all its proceedings. And at each meeting, the minutes of the previmis one are first read before proceeding to any other business. § 145. They have to occupy themselves, in general, with all the affairs of the Colony. Ap- plications and demands of every description are placed under their considei>ation. § 146. Any matter that has reference to a particular department, is referred to the chief of that department, who makes thereon, in most cases, a report to the Council, at one of its sub- sequent sittings. It is in Council that, appoint- ments are discussecf, and that claims of individu- als for moneys, &,c., are established. 'i-'i*' § 147. Councillors posless perfect freedom of ipeech in Council. ^ 148. The ministerial measures which are to be presented for the approval of the Legisla- or opinion ught under ; one mem- ide over its :an remove and in case the senior sides, the f being re- • respective 1 to keep a roceedings. he previo\is o any othier inselves, in )lony. Ap- cription are rence to a the chief of >n, in most ) of its sub- lat, appoint- of individu- ct freedom which are he Legisia- NEWFOUNDLAND. 6a tive Chambers, are there discussed and modified, so as to meet the views of all the Members of the Council, who are charged with bringing them forward, explaining, and defending them before the Representatives md the Legislative Coitncil. ^ 149. If any one of the Councillors cannot subscribe to a measure presented by his col- leagues, he is expected to retire. § 150. The sittings of the Executive Council are always under the presidency of the Grovernor in person. ^But the Councillors, under the name of ** Committee of Council," deliberate previ- ously upon the ' matters referred to them, when they prepare reports or memoranda for the Go- vernor, upon important subjects. : ^ 151. In accordance with the advice of his Councillors, the Governor nominates to employ- ments, deposes public functionaries, receives and accepts resignations. In concert with them, he directs all public a^airs, and sees that the Laws are properly and faithfully executed. ^ 15*2. The Council are narr.ed, in every Com- mission of the Peace, as Justices of the Peace throughout the whole Colony. ^ 15iJ. Tb" right iv) nominate to employments resides constitutionally in the Ggvernor, who can exercise it independently; but the retirement of the Executive Councillors, whom the Parliament hold responsible, would be an immediate conse- quence of ncn-consultation with them. N,- 64 THE GOVERNMENT OF ^ i54. Under the former system of Govern- ment which recently existed in this Colony, the Governor did not consider himself bound to choose bis Councillors or advisers from the men who enjoyed the confidence of the Representatives of the people, which was the cause of the antagon- ism which prevailed for so long a time, between the Assembly and the Council of this Colony. hi § 155. The establishment of Responsible Go- vernment has had for its object to remedy this evil, by obliging the Governor to chose his Coun- cillors from among the men who possess the confi'lence of the people, or at least a majority of their Representatives, so as to cause to reign between the difierent branches of the Legislature and of the Government, that harmony necessary to promote the prosperity of the Colony. t ri'i'M-: I. u '■■ I. § J 5ft The President, when he speaks to the House, is always to be uncovered, and is not to adjourn the House, or do anything else as mouth of the House, without the consent of the Mem- bers first had, ejiceptinj^ the ordinary things about Bills, which are of course, wherein the Members may likewise overrule , as for prefer- ring one Bill before another, and iuch like. And in case of difference among the Members, it is to be put to the question ; and if t.ie President will speak to anything particular, he is to go to his owu place as a Member. II. § IfUf. That immediately after the Preaident shall have taken the Chair, the doors shall b« closed, and the Journals of the preceding day be always read and confirmed, or if necessary, corrected. ■M ..Ji! 66 RULES AND JeGULATIONS III. § 158. That any Member may, at any time, desire the House to be cleared of strangers, and the President shall immediately give directions to execute the order, without debate. IV. § 159. When the House is sitting, every Member that shall enter, is to give to and receive salutations from, the President, and not to sit down in his place unless he has made his obei- sance. .u/f.i,,ir y Mf v^'Vst: § 160. The Members in the House are to keep their dignity and order, in fitting, as much as may be, and not remove out of their places without just cause: but when they must needs go across the House, they are to make obeisance to the Chair. ^ Wtiw \^«i;nli >f' ' ji'*!- § 161. When any Members speak, they ad- dress their speech to the Chair^.iji vt^i i e^ijdfh^M ■ ■; hiiit .vvi*'^f*H in^iHti IViil fHio %an § 10^. No Member is to speak twice to any Bill, at any one time of reading it, or to any other proposition, unless it be to explain himself in some material point of his speech, but no new matter, i id i,nat not without leave of the House firat obtained. Evei^ Member rpe&ks standing and uncovered, and names not the Membem of the House contraoidy by their names, but '< the Member that spoke luif'—" last but two," ect; — or some other note of distinction. V it ; any time, ngers, and directions OF THE LEGISLATIVE COUNCIL. VIII. 6T ,ng, every nd receive not to sit e his obel- ise are to ly as much leir places nust needs obeisance , they ad- ice^to^ny or to any n himself ut no new- he House standing ombem of but '* the .wo/^oot; ^ 163. That such Members as shall make protestations, or enter their, dissents to any votes of the House, as they have a right to do, without asking leave of the House, either with or with- out their reasons, shall cause their protestations or dissents to be entered in the Clerk's Book on the next sitting day of this House, before the- rising of this House, otherwise the same shall not be entered; and shall also sign the same before the rising of the House on the same day. IX. ^164. That aU Orders of the Day, 'vhich by reason of any adjournment shall not have been proceeded upon, shall be considered oqly as post- poned to the next day on which the House shall sit. .,^,,..,^.... ,,„..,. ^ 165. To prevent misunderstanding, and for avoiding offensive speeches when matters are debating, either in the House or at Committees, it is for honor's sake thought fit, and is so or- dered, that all personal, sharp, or taxing speeches be foreborne, and that whosoever answereth another man's speech shall apply his- answer to the matter without wrong to the person; and as nothing offensive is to be spoken, so nothing- is to be ill-taken, if the party that speaks it shall presently make a fair exposition c: clear denial of the words that might boar an ill construction; and if ?.ny offence be given in that kind, as the, House itself will be very sensible thereof; so it will censure the offender, and give the party offended a ht reparation and a full satisfactij^n. 8 -^ 68 'I I \m I RULES AND REGULATIONS XI. § J66. That for avoiding all mistakes, unkind- ness, or oiher differences, which may grow to^ quarrels tending to the breach of the Peace, if any Member shall* conceive himself to have re- ceived an affront or injury from any other Mem- ber of the House, either in the House, or at k Committee, or in any of the rooms belonging to the Legislative Council, he shall appeal to the^ Grouse for his reparation; which if he shall not do, but occasion or entertain quarrels, declining the justice of the House, then the Member that shall be found therein offending shall undergo the severe censure of the House* « \\ xn. ^ 167. That when a question is under debate, no motion shall be received in the House, unless to amend it, commit it, postpone it to a certain d&y, or for the order of the day, or to adjourn. \ xni. § 168. That two days' notice of all motions, deemed special, be given to the House; and any motion (with leave of the House) may be with- drawn at any time before amendment or decision. XIV. § 169. That no motion prefaced by a written preamble, shall be received by this House. , • ■ XV. . ^170. That when the question hath been entirely put by the > President, no Member is to upeak upon the question before yoting. es, unkind- ay grow t6^ e Peace, if to have re- ather Mem- use, or At k elonging to ppeal to the^ [le shall not 9, declining ember that jndergo the lii "**" ;v ider debate, mse, unless o a certain adjourn. », :i all motions, b; and any y be with- :>r decision. y a writtten )use. < hath been ember is to »0r THE LEGISLATIVE COUNCIL. XVI. 69 § 171. That after the questioi^ is piit, and the House hath voted thereon, no Member shall depart out of his place until the House hath enteredf upon some other business. '" . . XVII. § 172. That at votes, the contents do rise in their places, and the non-contents continue to sit ; and that the contents and non-contents shall be taken and entered on the minutes at the request of any ^ne Member. XVIII. § 173. That the Clerk is to enter no order until the President first demand the assent of the House ; and the Clerk is to read every order first in the House, before it be entered. , :;— ^-., ■ XIX. --- ' § 174. That each Member has a right to require that the question,or motion, in discussion, be read for his information, at any time of the debate. ^^^--*r-*-. xx;"r- ■• § 175. To have more freedom of debate, and to facilitate business. Committees are appointed, either of the whole House, or of individuals; Committees of (he whole House sit in the House, but then the President sits not in the Chaih XXI. ^ 176. That in a Committee of the whole H4>aie, the Rules of the House shall be observed 70 RULES AND REGULlTIONS M III ill in so far as they may be applicable, excepting the Rule limiting the times of speaking; and that no motion for the previous question, or foi ad- journment, can be received, but a Member may, at an} time, move that the Chairman do leave the Chaj , or report some progress made^ and ask leave to hit again. XXII. § 177. That Select Committees usually meet in one of fhe Committee Rooms, as the Members like. The Members of the Committee speak to the rest uncovered, but may sit if (hey please. XXIII. ^ 178. At any Committee, Members of the House, though not of the Committee, are not excluded from coming in and speaking, but they must not vote; they shall also give place to all that ara of the Committee, and shall sit behind then. h- u^ ■^ml t'3- XXIV ^^3 rt* § 179. When anything that hath been com- mitted is reported, the Members of the Commit- tee stand up. : XXV... ."::":,■■ . ^ 180. No man is to enter at any Committee or Conferenee unless it be such as are command- ed to attend, but such as are Members of the House, upon pain of being punished seyeirely, with example to others.^i^. , , ^It XXVI. § 181. That no Message from the Assembly be received in this House^ with a Bill or other- wise, as hat §li the Us Deput they a them; On the sances receive is then of the tiring Preside coverer 9ther- OF THE lEGlSLATrVE COUIICIL. 71 wise, unless the object of it be expressed verbally, as hath hitherto been practised. XXVII. § 182. When notice is given to the House by the Usher of the Black Hod, that a Message or Deputation is sent by the House of Assembly, they attend until the House is prepared to receive them; he being seated, the'' are then admitted. On their coming up to th«^ tr with three obei- sances, the President goe 'o the Bar, and receives their Message urj .; the Message is then read and delivered i.^ uie President by one of the Members of the Deputation: on their re- tiring with three obeisances to the House, the President resumes the Chair, and standing un- covered, reports the Message for the inforniation of the Members: the House then resumes the business it had before it. X xxvni. § 183. None are to speak at a Conference with the Lower House, but those that be of the Committee; and when any thing from such Con- ference is reported, all tj^e Members of that Committee present are to stand up. A XXIX. ^-'^At^ii ^ 184. As it might deeply intrench on the privileges of this House for any Member to an- swer an accusation in the House of Assembly, either in person or by sending his answer in wri- ting, or by his Counsel there; upon serious con- sideration had thereof, and perusal of the preqe- dents in the Upper House of the Imperial Parlia- ment, it is ordered, that no Member of this House 1 1 I IMAGE EVALUATION TEST TARGET (MT-3) ^ /> A^ 1.0 I.I 2.0 Ilti& L25 i U ■ 1.6 9% fi ^J^? ^i ^^ Photographic Sciences Corporation 33 WIST MAIN STRUT WnSTIR.N.Y. MSIO (716)l7a-4»03 ) ^ V^Q -«n- m ;» M I .1] I ; III 1 72 BULBS AND BE0ULA7I0NS shall either go down to the ^ouse of Assepnbly, or send his answer in .writing, or appear by Counsel to* answer any accusation there, upon penalty of being committed to the Black Rod, or to prison duriqg the pleasure of this House. . » XXX. ^ 185. That no Member or Officer of thi9 House, without leave of this House^ shall, by order of the Assembly, go into thatHodse, whilst the House or any Committee of the whole House is sitting there ; or appear before any Committee of that House sitting there, or elsewhere. XXXI. § 186. That the Members of the Assembly be admitted as auditors of the debate of this House, or any other persons introduced by a Member of this House. ~^ ^^^^ XXXII. ^ 187. That it is the right of every Member of this House to bring in a Bill, and pray that it may be read. • XXXIII. ^188. Bills may be opposed at any stage, but the principle is usually debated at the second reading. XXXIV. ^ 189. That no argumepts against tke prin- eiple of a Bill shall be had or admitted in any Committee of the whole House upon such Bill. ^ » OF THE LEGISLATIVE COUNCIL. 79 f Assemblyt appear by there, upon ack Rod, or louse. . Rcer of thi^ se^ shall, by lotise, whilst whole House ly Cpmmittee nere. the Assembly ebate of this 'oduced by a iry Member of \A pray that it at any stage, at the second Linst the prin- fmitted in any »on iuch Bill. XXXV. § 190. That no Bill shall be read twice on the same day; unless the House, upon motion, shall see special cause for the despatch of busi* ness to change the same course in any particular instance. XXXVI. ^ 191. That in a Committee of the whole House, a Member may, at any time previous to n. Bill being passed entirely, that is tu say, all the clauses, preamble and title of the same, move to have any particular clause thereof, that may have hepn passed, re*considered. XXXVII. § 192. That to ann^x any clause or clauses to a Bill of Aid or Supply, the matter of which is foreign to and different from the matter of the said Lill of Aid or Supply, is unparliamentary. XXXVIIL ' ^193, That proof be required that a public notification of the intention of any person or per- sons to apply to the Legislature for itc interference respecting any local matter, had been affixed to .the doors of*the several Churches, Chapels, or Places of Public Worship of the town or place to be affected, or where the premises in questfon shall lie, for three successive Sundays, before such application shall be made : Provided, that as to any such application with reference to any lo- cal matter in the District of St. John's, publica- tion of such notification shali be also given in the Newfoundland ^'^ya/ OazeUe for three suceessive weeks immediate'' preceding such application I <> 74 RULES AND REGULATIONS Hrt XXXIX.. § 194. That every Petition which is brought up shall lay OQ the table one day before it is read. XL. § 195. That the allegations in every Petition for a Private Bill, meant to originate in this House, shall be first referred to a Select Com- jnittee, and the matter thereof reported upon, before the introduction of any such Bill. XLI. ^ 196. That every Member who shall intro- duce a Bill, Petition, or Motion, upon any subject which may be referred to a Committee, shall be one of the Committee without being mamed bv the House. XLII. § 197. That when a Private Bill is brought from the other House, the principle of which is admitted, this House, by Message, may either request a communication of the evidence received in proof of the allegations o^ matter whereon the Bill is founded, or the Committee of this House to whom it may be referred, shalf examine the «aid allegations, and on reporting the Bill, state whether the same or matter thereof be founded, mod whether the parties concerned in interest or property therein, have given the consents to the -satisfaction of the Committee. 0XLIU. ^ § 190. That the foregoing be considered a •tanding^instruction at all Committees who shall s OF THE LEGISLATIVE COUNCIL. Tfir h is brought »re it is read. rery Petition inate in this Select Com- ported upon, MM 3 shall intro- , upon any I Committee, ithout being \ 1 is brought of which is may either nee received whereon the this House examine the le Bill, state be foundefl, interest or sents to the \ onsidered a who thall meet upon Private Bills; and further, that they require all Persons, whose, interest or property they shall consider to be affected thereby, to ap- pear in person before them, to give their consent thereto; and if they cannot personally attend, they may send their consent in writing, which shall be. proved to the satisfaction of the Commit- tee; and that when any Committee shall be appointed on a Private Bill, notice thereof shall beset up in the lobby'of this House seven days before the meeting of the said Committee. XLIV. i § 199. That when a Bill originating in this House, has once passed through it% final stage in this House, no new Bill for (he same object can afterwards be originated in this House during the same Session . XLV. § ^200. That for the future, no motion shall be granted for making any order of this tlouse a standing order, or for dispensing with a stand- ing order, the same day it is made, nor before the Members of this House in town shall be summoned to consider of the said motion. XLVI. § ^1. That any Member of this House being desirous to introduce any Bill, shall be at liberty to call upon the Master-in-Chancery, attendant upon this House, to digest and draft the same. XLVII. § f202. That all adioumments of thia House shall be duly noted in the Jonrnals thereof by the V I 76 BULBS AND EEOULATIONS Clerk ; aad no Member BhkW absent hknself from Hia regular meetinga of the House without leave firet duly obtained. XLVIII. § 208. That in all cases not provided for in tbe foregoing Rules in reference to the introdnc" tion ana management of Bills, Messages and all maltere of routine, the practice of the Imperial Parliament shall be dbserved so far as the same maybe applicable. ■ XLIX. \ § 904. That in the absence of the President the Chair ^hall be taken by the Senior Member present.* % 205 Fees oir Private Bills. Set Journal t 3(i St^mn 5th Oenaral AueiHibl^, 1654, PtfgedS. [Approved.] C. H. Darling, Governor. J. * By the Royal JnstrucHonst five memben conatitue a Quorum for butinta. \ msolf from bout leave ided for in e introdttc- 1^68 and all e Imperial sthe same I PrBflident or Member ii-'Li LLS. rovemor* fi constitue a RULES AND ORDERS OF THE HOUSE OF ASSEMBLY OF NEWFOUNDLAND. I > I iiii"»^<^^— ^w I. . §ji06. That Ten Members shall form a Quorum. li. ^ 207. ^ That when the House adjourns, the Members shall keep their seats until the Speaker leaves the Chair. III. § 208. That whenever an adjournment takes place for want of a Quorum, the hour at which such adjournment is made, and the names of the Members present shall be inserted in the Jour^ nals; but no adjournment, for want of a Quorum, shall take place until the lapse of Thirty minutes after the hour at which the House was appointed to meet. ■ ■ IV. ^ 209. That every day, immediately after the Speaker shall have taken the chair, the minutes 01 tbe preceding day shall be read by the Clerk, to the end that apy mistake thereaa may be gov** rected by the House. 'I^J I -78 BULE8 AND ORDERS OF THE pi! im. V. ^ 210. That daring tlie reading of tho mi- nutes the aoors shall he closed. VI. § 211. ' That the Speaker shall preserve order and decorum, and decide questions of order, sub-^ ject to an appeal to the House. VJI. § 212. That the Speaker shall take the Chair when the Black Rod is at the door. VIII. § 213. That the Speaker shall not take part in any debate, or vote, unless the House shall be equally divided, in which case he may give his reasons for so voting, standing uncovered. / ' IX. ^ 214. That when the Speaker is called upon to decide a point of order or practice, he shall state the rule applicable to the case. X. § 215. That every Member, previous to his speaking to any question or motion, shall rise from his seat uncovered, and address himself to the Speaker. ' XJ. § 5216. That when two or more Members rise at once, the Speaker shall name the Member who is first up, subject to appeal to the House. I HOUSE OF ASSEMBLY. 79 m the mi- »rve order rder, §ub- the Chair t take part se shall be ly give his ed. ailed upon , he shall ous to his shall rise himself to se. ibers rise ibe^ who XII. ' ^217. That every Member who shall be pre- sent when a question is put, shall vote thereon, unless the House shall excuse him, or unless he be personally interested in the question, provided such interest is resolvable itlto a personal pecu- niary pro6t, or such as is peculiar to the Member, and not in common with the interest of the subject at large, in which case h^ shall not vote. XIII. § 218. When the Speaker is putting a ques- tion no Member shall walk out, or across. the Ho^^e; nor when a Member is speaking, shall any other Members hold discourse which may interrupt him, nor pass between him and the Chair. XIV. § 219. That a Member called to order shall sit down, unless permitted to explain, and all de- bate on the question of order shall take place before the decision of the Speaker. xy. ^ 220. That no member shall speak beside the question in debate. *. '"' XVI. ^ 221 . That any Member may of right require the question, or motion, in disscussion to be read for his information, at any time during the debate, but not so as to interrupt a Member speaking. ^ XVII. ^ 222. That no member, other than the one proposing a question or motion (who shall be per* • / 80 RULES ^ND ORI^ERS OP TJIE I In' t il lljilltl ! ill mitted a reply) shall speak more than once on the same, without leave of the House; except in ex- planation of a material part of his speech, which may have been mi0conceived, but then he is not to introduce new matter. * XVIII. . ^ 223. That any Member may at any time desire the House to be cleared of strangers, and the Speaker shall immediately give directions to the Serjeant-at-Arms to do so without debate. XIX. § 224. That all Messages from this House to the Legislative Council be sent by two Members, to be named by the Speaker, accompanied by the Serjeant-at-Arms. XX. § 225. That when the House shall judge it accessary to request a conference with the Legis? lative Council, the reasons to be given by this Hous9, upon the subject of the conference, shall be prepared and agreed to by the House, before the Messengers shall be appointed to make the g/Eud recjuest. ' XXI. § 226. That the Rule» of the House shall be observed in Committee of the whole, so far as they may be applicable, except the Rule limiting the times of speaking. XXII. § 227. That in forming a Committee \off the whole Memben, nied by Uie all judge it the Legis? en by this ence, shall use, before lo make the luse shftU be so far as ,ule limiting iittefl\orf the Chair, the Speaker shall appoint a Chairftian to preside, subject to appeal to the House. A XXIII, § 828. That every Member who shall intro- duce a Bill, Petition, or motion upon any subject which may be referred to a Committee, shall be one of the Committee without being named by the House, except in cases of controverted Elections. XXIV. § 229. That of the number of Members ap- pointed to compose a Committee, such number - thereof as shall be equal to a majority of the whole number chosen shall be a quorum coqipe- tent to proceed to business. XXV. ^ 230. That in a Committd^ of the whole House, a motion that the Chairman leave the Chair, shall always be in order, and take prece- dence of every motion, and that when the motion is made on account of any question of order or privilege arising, the Speakei' shall resume the Clbair without discussion or vote of the committee. XXVI. § 231 . That in Committee of the whole Houi^ all motions relating to the matter under consider- ation shall be put in the order in which they are proposed. * XXVII. § 232. That the Teas and Nays shall be taken and entered on the minutes at the request of any one Member. 4\ 'm S2 SULES AND ORDEBS QF THE 'I'll II I Jm , XXVIII. § 233. That one day's notice shall be given of all motions for introducing new matter, other than matters of privilege and bringing up pieti* lions. XXIX. ^ *234. That a motion to adjourn shall always be in order. XXX. ^ '235. That after a motion is read by the Speaker, it shall be deemed to be in the posses- ^ stoif of the House, but may be withdrawn at any time before decision or amendment, with permis- sion of the House. ' ' . . XXXI. ^ 236. That amotion for commitment,^ until it is decided, shill preclude all amendment of the ;main question. , "»'T!-«5'1'^- XXXII. ^ 237. That if any motion be made for any public aid, subsidy, duty, or charge upon the people, the consideration and debate thereon, shall not presently be entered upon, but adjpurned till such further day as the House shall think fit to appoint, and shall bq referred to a Committee of the whole House, and their opinion reported before any resolution or vote of the House do pass thereon. b X3QCUI. ^ 238. That it is the right of every metnber of this House to bring 10 f Bill and pray xthat it may be iread. / ^ . ^ ; HOUfX OF A8SIlffBI.T. 83 ill be given atter, other shall alwaysf read by the [ the possea- rawn at any with permia- litment,, until nendment o^ nade for any >ge upon the »ate thereon. >ut adJ9urned ihall think fit a Committee on reported le House do ery member prayUhftt it XXXIV. § 239. Billt are aeldom opposed at the first reading, but are generally committed, upon mo- tiooi at the second reading, at which time the principle is asually debated. , iVJ. XXXV. S240. Thai no arguments against the prin- . e of a Bill shall be had or admitted in any Committee of the whole house upon such Bill. XXXVl. ^ iUl. That no Bill ahall be read tf ice on the idame day ; that no Committee of the whole house shall proceed on any Bell on the same day in which the Bill is committed, unless the house, upon motion, shall see special cause for the samo* XXXVII. § 242. That when a bill or p^etition is read in the house, the Clerk shall certify the readings and the time on the back thereof. XXXVIH. ^ 213. That in a Committee of the whole House a member may, at any time previoua to a bill being passed entirely— that is to aay, all the clauses, preamble, and title of the same—, move to have any particular clause thereof that may have been passed, re-considered. XXXIX. § 244. That the allegations in every Petition for a Private Bill, meant to originate in this House, shall be first referred to a Select Com- mittee, and the matter thereof reported upon, before the introduction of any such .Bill. i |y 1 ' I 84 RUCEB Alfir ORBEBS OF THE r ) SX/ §ei5k That when a Private Bill is b(ro^ght from the other Houie, the principle of which is admitted^ this House, b/ Messago, may etthar request a communicationoftheeiTideiice received in proof of the allegi^tions,^ or matter whereon ihe Bill is founded, or tho Committee of this House, to whom it may be referred, shalt examine hhe Mid allegations, and on reporting the Bill, state whether the same, or matter thereof, be founded, and whether the patties concerned in interest or property therein, have given their consents, to the satisfaction of the Committee. ii-^w^'.' \, XLI. ^ ^6. That the fbrieieoing bo ' considered a standing instruction hi all Committees who shall meet upon private 3iHs, tind further, that they require , all persons whose interest or property they shall consider to be affected thereby, .to appear in person before them, to give ^heir con- sent thereto; and if they cannot personally attend they may send their consoiit in writing, which ahail be proved, to the satisfaotion 4f the C.6m- mittee; and that when any Committee shall bo appointed on a private Bill, notice thereof shall be set up ih the lobby of this House Twelve days before the tneeting of the said Committee. i m *l)i • XUIv ^,;;»j i.^j i vt.ii (,H^*^ ^247. That when an;' Bill, originating in this House, has once passed through its final $tage in this House, no new Bill of the 'same matter and argument, can AfVerwards be ori^na- t^ of this House daring the same Session. 0. ♦1 hi ri^odght ' which 18 lay etibtr )i* XLV. ^ iit Vi*w -.i- i i'% § 250. That all Petitions to be introduced, shall be brought in immediately after the minutes are read, and that such Petitions shall be read by the Clerk, after the third reading of any Bills that may stand for that purpose on the order of the day. M y,1 i ?. ?nij« »mH »jt! ihtti ' U.i^int^ XLVL § 251. That all orders of the day, which/by reason of any adjournment, shall not have been d' 'I' i RULBt A3n> cmDints OF tun proceeded upon, shall I considered as postponed, till the next day on which the House shall sit, and shall stand first on the order of the day after the third reading of Bills and Addresses, and read* ing ofiPetitione. §252. That all Accounts which shall in future ;; be presented by any individual for work or labour '^ne, or for articles furnished for the use of this House^ shall be accompanied by satisfactory Touchers, specifying that the charges therein contained are the usual charges, and the com- monly received prices for such work and labour^ or for such articles furnished. ■I" ' ' 11^ XLVIII. § 253. That the Sergeant-at-Arms, attending thb House, shall be entitled to take and receive ,||ie following tees, viz : For taking a Member of the House into custody, - je2 2 For taking a stranger into custody, 110 For every day in custody , 10 For bringing a Member of the House to the bar, to be reprimanded, 110 Bringing any other person to the bar, , to be reprimanded, - 10 G XLIX. § 254. That no Rule adopted by this House shall be dispensed with, unless by consent of at least two-thirds of the whole of the Representa- tives of the Colony. llil! |! j IlilllJ!] I H008E OF ASSEMBLY. er B postponed, hall ait, and lay after the !, and read* lall in future rk or labour ) use of this satisfactory >ges therein nd the com- aad labour^ 18, attending and receive nto je2 2 110 10 to 1 1 10 G r this House consent of at Representa- L. § 255. That the Chairman of every Commit* tee upon any Bill which has been amended in Committee, shall, before the third reading of such Bill, report to the House that he has examined such Bill, and that it has been correctly engros- sed in accordance with the amendments made thereon. Li. § 256. That no report of a Select Committee be received without being signed by a majority of the Committee. LH. § 257. That on Wednesdays and Saturday* during the Session, notices of motion do take pre* cedence of orders of the day. LIII. § 258. solicitors' fbbs. sterlino Drafting Bill, - - £2 2 Examining drafted Bill , - 110 Altering Bill during its various stages 110 ^ 259. FEES OF CLERK AND ASSISTANT Clerk'i. STIRLING For every Petition, £0 6 8 For every Notice, 6 8 For each reading, 6 8 For first committal, 6 8 For every subsequent committal 3 4 For engrossing, per folio of 90 words each, - 10 Sending Bill to H.M.L. Council, 6 8 On Governor's assent, 6 8 Auiitant Clerk's. STIRLING £0 3 4 3 3 3 1 4 4 4 8 18 3 4 3 4 I : i { I i.in €8 "RtLESV^IflO ORDfiRS. M 'M-m ■*Mr\ ill r § ^0. That one half the foregoing fees on private Bills returned from Het Majesty's Legis- ts Jative Council with amendments, shall be charge- able only on the respective stages thrpugjh which the amendments shall pass. ;of»t<»N>w'.*itl^''« •:ti;ji' iv. Mll^l'' ■,::f A..!. ^ 261. That one half of the said Fees shall be chargeable on Bills originating with Her Ma- jesty's Council, excepting therefrom the charge ibr engrossing and drafting, f^ v. r ^ i § 26i. That all other Fees not included in ' the foregoing scale, shall be allowed and pay- able^on the taxation of the Speaker. .Wfii^-'^ ■ - LVII.' " #«■■''• '' '"' ^? % 263. That a sum not exceeding Teii Pounds> , sterling, be deposited with the Clerk of the As- sembly, by the applicant for any private Bill, prior to its second reading, to liquidate such Fees, according to the stages through which the Bill may pass, and that the balance remaining thereafter, if any, in the Clerk's hands, shall be ' repaid to the depositor of such sum of money as aforesaid; and should the aforesaid sum of Ten Pounds be insufficient to discharge the Fees due on any private Bill, the applicant therefor shall pay the balance due to the Clerk of the Assembly immediately after the assent of His Excellency the Governor being given thereto. ^ C" x: "" "h d, u •,tJ^j:l^' -' ADDENDA. }ing fees on jsty's Legis- U be charge- \T0U^ which :-tl:J'' ;«i. K i I id Fees shall vith Her Ma- m the charge • I iiicfude^ in wed and pay- Teii Pounds* [k of the As- private Bill, Iquidate such Igh which the ;e remaining mds, shall be of money as sum of Ten Ithe Fees due [therefor shall the Assembly Excellency ;•* *■'. »..,', ''«""'*^,1w»lii!^^ nii'iqtt'yrio'fliir-t The Supreme Ck)urt ,conn stj <» » ,