CHAPTER V.

The Legislature-Courts of Law-Public Revenue-Sable Island.

THE legislature of the province is composed of a lieutenant-governor, a council, and an House of Assembly. The whole of British North America is generally comprised under one command, the captain-general, governor, and commander-in-chief, who resides at Quebec. The governors of the respective provinces are styled lieutenant-governors, and in their civil capacities are quite independent of the governor-general. The governor of Nova Scotia has the local rank of lieutenant-general, and is styled lieutenant-governor, commander-in-chief, chancellor, and vice-admiral of the province of Nova Scotia. The whole executive authority is vested in the governor: he summons, prorogues, and dissolves the council and general assembly; he appoints to all offices not disposed of by the crown; he can pardon all offenders but those guilty of treason and murder; he commands the army and militia, and presides in the Courts of Chancery and Error. Besides various fees and emoluments, he receives a handsome annual allowance or salary. In the event of the governor's death, the next senior member of council, not being the chief-justice, exercises all the functions of governor.

The legislative council consists of twelve members, appointed by mandamus from the king. In their legislative capacity they meet and deliberate as a distinct chamber or upper house, and conduct their proceedings as closely in imitation of the House of Lords as circumstances allow. They are also a council of state, or privy council to the governor, whose advice he is obliged to obtain and act upon in a great variety of cases. They form, with the governor, the Court of Error and the Ecclesiastical Court, in whose deliberations the governor has only a single voice; they are styled honourable, hold their office merely during the king's pleasure, and the governor can suspend them until the king's pleasure be signified. The House of Assembly resembles the British

House of Commons in its formation, powers, and mode of procedure as closely as the circumstances of the country permit. The members are elected exactly as in England, by freeholders possessing real estates in houses or lands of the annual value of 40s. The assembly continues for seven years, and must meet at least once a year, but may be dissolved or prorogued by the governor.

The number of members elected to the House of Assembly is fortyone: four for the county, and two for the town of Halifax; two for each of the other nine counties of Annapolis, Cumberland, Cape Breton, Hants, King's County, Lunenburg, Queen's County, Shelburne, and Sydney ; and one for each of the following towns-Annapolis, Amherst, Barrington, Cornwallis, Digby, Falmouth, Granville, Horton, Liverpool, Londonderry, Lunenburg, Newport, Onslow, Shelburne, Truro, Windsor, and Yarmouth. The legislature meets generally in winter, and continues in session from six to twelve weeks, and the debates are often conducted with ability and spirit. Every law in this province must have received the concurrent assent of the House of Assembly, of the council, and of the governor, before it can be enforced; and each may dissent from any law or bill proposed or approved of by the others. Upon any bill passing the house and council, and receiving the assent of the governor, it immediately operates in the province; but to make it a permanent law it must be submitted to the king in council, who may confirm or disallow it. In the event of its being disallowed by the king, or not confirmed within three years from the time of its enactment, it becomes void.

The courts of law are, the Court of Chancery, of which the governor is sole judge, by virtue of his office, but where the Master of the Rolls, always a professional man, sits as judge in lieu of the governor. The powers of this court are, within the colony, the same as those of the Court of Chancery in England, and its proceedings similar in form. An appeal lies from this court to the king in council. The Court of Error is composed of the governor and council. An appeal lies from all the inferior courts to this, and from this to the king in council. The subject-matter of the appeal, in the former instance, must exceed 3007. in value, and in the latter 500l. The Supreme Court is invested with

the powers of the King's Bench, Common Pleas, and Exchequer. It is composed of a chief and three puisne judges, and a circuit associate. The jurisdiction of the court is both criminal and civil, and extends over the whole province, including Cape Breton; it holds four terms in the year at Halifax. The whole province is divided into four circuits, Cape Breton being one, into which the judges go and hold courts of assize, &c. The practitioners in this court unite the business of barrister and attorney. The inferior courts are courts of common pleas in each county, having jurisdiction in all civil matters under the value of 5l. There are three distinct commissioners, or judges, each of whom holds a distinct court in every county within his circuit, the province being divided into three circuits for that purpose. The process and course of practice are similar to those of the Supreme Court. The process issued by the courts of the province is of the same nature and operation as the process of the courts at Westminster; besides which there is a peculiar process affecting absent or absconding debtors, by which their property in the colony is attached, and unless security be given, is sold for the benefit of the creditor. There are also courts of general and quarter sessions, similar in all respects to such courts in England, held in each county; and in every township small debts are recoverable before courts consisting of one or more justices of the peace. The governor, being ordinary of the province by virtue of his office, appoints surrogates in the several counties, by whose probates letters of administration, &c. are granted.

The statute of distribution in Nova Scotia is different from the same statute in England, in so far that the real estate is divided into shares, according to the number of children, and the eldest son takes only two of such shares. The reason for this alteration of the law of the mother country is, that in a new country the improvement of the landed estate is likely to absorb the whole personal property of the proprietor, and that if it went to the eldest son, there would be no provision for the other children; on this ground it was that this law, which prevailed in all the English-American colonies, was approved of by the king in council.

There is also a Vice-Admiralty Court at Halifax. This court has the usual admiralty civil jurisdiction. It has also a peculiar revenue jurisdiction, and in time of war a prize jurisdiction: the duties of judge

are at present performed by the chief-justice of the Supreme Court. There are sheriffs and justices of the peace in all the counties, both appointed exactly as such officers are in England.

From this sketch it will appear that the government and institutions of this province are in all respects as similar to those of England as the nature and circumstances of a new country will allow; the unrivalled constitution of the mother country being the grand model by which the institutions of this minor, but not unimportant portion of her dependencies have been framed and established.

The provincial revenue is not very large, nor are the demands upon it very considerable. It consists principally of custom and excise duties, trifling in amount, and by no means onerous to the colonists. The whole is applied to provincial purposes, the greater part in the making of roads, bridges, &c., and a considerable sum in promoting education. There is a custom-house establishment at Halifax, which, considering the nature of its duties, and the amount of revenue collected, is remarkably elegant. The gross amount of the customs in the year 1827 was, 25,4167., out of which a sum of 8,8907. was deducted for the fees and salaries of the custom-house officers. The collector at Halifax has, in salary and fees, 2,000l. and the comptroller 1,000l. a year. The receipt and expenditure of the provincial revenue for the year 1828 were as follows:

The difference was paid from a balance remaining in hand from the

prior year*.

For a great part of the valuable details conveyed in this and the preceding chapter we are indebted to the lucid, accurate, and comprehensive labours of Mr. Halliburton, which we are most happy here, as elsewhere, to acknowledge.

ISLE OF SABLE.

Sable Island, or Isle aux Sables, although distant eighty-five miles from Nova Scotia, is considered as belonging to that province. The west end of the island lies in latitude 43° 56′ 42′′ north, and longitude 60° 17′ 15′′ west, and the east end in latitude 43° 59′ 5′′ and longitude 59° 42′′; it is about thirty miles in length and fifteen in breadth. It consists entirely of an accumulation of loose white sand, utterly barren, producing neither tree nor shrub. It lies in the direct track of vessels bound to and from Europe, and upon it very many have been wrecked, and numerous lives lost. An establishment was formed in 1804 upon this island for the purpose of assisting persons wrecked: it consists of a superintendant and about ten assistants, who constantly reside on the island, and have in charge a competent supply of such articles as would be useful in cases of shipwreck. The establishment was maintained by the province of Nova Scotia from 1804 to 1827 at an annual expense of about 500l.; but in the latter year the British government undertook to add a further sum equal to that voted by the province, whereby the establishment has been enlarged, and its usefulness very much increased. The superintendant and his assistants continually perambulate the island. There are several signal-posts and flag-staffs to direct vessels, and huts to shelter the sufferers. The island is regularly visited to convey supplies, and bring away those who may have been thrown upon its shores. The supply of stores and provisions is always abundant, so that 300 persons at once upon the island have been liberally subsisted and supplied with all necessaries. There never were any inhabitants on the island but those connected with the establishment. The only native animals to be met with are some wild horses, whose flesh has been occasionally found a providential substitute for better food; a few seals are caught upon the shore. The coast is exceedingly dangerous, and almost every where surrounded with breakers.