• 5. It is declared that the free exercise and enjoyment of religious profession and wor ship without discrimination or preference, so that the same be not made an excuse for acts of licentiousness or a justification of prac tices inconsistent with the peace and safety of the province, is by the constitution and laws of this province allowed to all her Ma jesty's subjects within the same. Consol. Can. Laws, 857.
The legislative council is composed of two classes of members. One class is of those who were appointed by commission from the crown, and who retain the office for life. In addition to this.class, who were all appointed prior to July 14, 1856, by statute of this latter date the council is to consist of forty eight members, elected from as many electoral districts, twenty-four of which are in the upper and twenty-four in the lower province, for the term of eight years, by the qualified electors. The order of elections is so ar ranged that one-fourth the whole number go out of office every second year.
6. A councillor must be a British subject by birth or naturalization, a resident in Ca nada, of the full age of thirty years. He must be legally or equitably seised as of free hold, for his own use and benefit, of lands or tenements held in free and common soc age, or in fief, francallen, or roture, in the province, of the value of eight thousand dol lars over and above all debts, charges, and dues; and in case of the elective councillors such lands must be within the district for which they are respectively elected. Gene rally, with some specified exceptions, no per son holding an office of profit under the crown is eligible as a member of either branch of parliament. No person may be a member of both houses; but a councillor may be speaker of the assembly. No member can take his seat until he has filed a declaration of qualifications and taken the oath of alle giance.
This council constitutes a co-ordinate branch of the legislative authority, with a class of powers resembling those of the Eng lish house of peers and the senates of the United States and the various states.
'7. The legislative assembly is composed of one hundred and thirty members, elected by the qualified electors of the various towns, cities, counties, or ridings which constitute the electoral districts into which the province is divided. Sixty-five members ale returned from each province. No person holding an office of profit under the crown, with a few spe cified exceptions, is eligible. The speaker is appointed by the governor from among the members of the council. In case of any va cancies arising by death or otherwise, the governor issues a warrant to the clerk of the crown in chancery, who thereupon issues a writ for a new election.
One session of parliathent is to be held an nually, so that twelve months shall not inter vene between the close of one session and the commencement of the next. Each parlia ment is to last fur four years, unless sooner prorogued, and no longer. No parliament is to determine by demise of the crown merely.
The parliament of the province is empowered to make laws for the peace, welfare, and goad govern ment thereof; and all such laws so passed and assented to by her Majesty, or her heirs and suc cessors, or in her Majesty's name by the governor, lieutenant-governor, or person administering gov ernment, are declared binding to all intents and purposes. When a bill has passed parliament, it is submitted to the governor, who, in his discretion, under the statute and his private instructions, is to declare that he nssents or withholds his assent in her Majesty's name, or that he reserves such bill for the signification of her Majesty's pleasure. A copy of each bill assented or reserved is transferred to the queen in council, who at any time within two years may disallow the bill, and the disallowance, with the governor's signification to parliament or proclamation, makes the bill void from the date of the signification. No bill reserved is of any force till proclamation, cr speech, or message to parlia ment by the governor announces the assent of her Majesty to the same. If such assent is not given within two years from the day the bill is presented to the governor, it has no force whatever.
The Executive Power.
S. The governor is appointed by the crown, and commissioned under the great seal. The appointment is understood to last fur six years, unless he is sooner recalled. His cum mission, with the instructions annexed, form an important part of the ccnstitution of the province. He is the supreme executive power, and represents the crown. He has the pre rogative of summoning, adjourning, pro roguing, and dissolving all legislative assem blies; of veto on all their bills; of reprieving and pardoning, under certain restrictions; of suspending for misconduct all officers, civil, naval, or military, in the province. He has the appointment to many salaried offices, it being understood that all under three hun dred pounds sterling a year will be left to him, while his recommendations are generally followed as to others. He is custodian of the public seal of the colony. Process is issued by him and tested in his name. He has the general superintendence of education. The moneys to be expended for the public service are issued under his warrant. Mills, Col. Const. 25.