The apportionment of representatives to each county is hased upon the population. The house of assembly holds the purse and controls the civil expenditures ; and the whole eum derived from custotne goes into the provinoial treaeury.
The legislature make the local laws D o t repugnant to the laws of Englaod, the crown rescrviog the right to annul any law within three years after its publication.
An instance of this, in the case of New Bruns wick, is the disallowance of the act of aasembly providing for commissioners of New Brunswick to reside abroad, take affidavits, depopitions, etc. This act passed the house and was approved by the oolonial government, and was part of the statute law of the province of New Brunswick for some months hut ceased to he law immediately upon being dieallowed by the crown.
Laws vetoed by the governor may he passed by the queen's sanction. Any difficulty between the head of the executiVe and the executive council would result in the dismiasal or resignation of the council. If the council were approved by the people, and could control the house, no new govern ment could he formed without them, or, rather, it oould be formed, but would be immediately over thrown by a vote of want of confidence.
If the governor oould not frame a" government" which would control the house, he would resign; or, if he persisted in opposing the will of the people, they would appeal by petition to the home govern ment,—the final resort in such a case,—who would fairly and promptly decide the matter.
The Judicial Department.
This coneists of a chief justice and flys judges ef the supreme court, appointed by the governor, by commission under the groat seal of the province, subjeot to the royal pleasure.
The appointee must be a barrister of the pro vince for ten years, practising as such at least five years next before such appointment, and can hold no other office under the government, exoept that of judge of' the admiralty or vice-president of the court of marriage and divorce.
The judge's tenure of office is during good be havior ; or he may be removed by the governor upon the address of the legislative council and the house of aesembly, subject to his right of appeal to the sovereign in privy council.
A Cuetoe Rotulornm is appointed by commiseion from the lieutenant-governor, wherein he is styled " The Keeper of the Rolls of the Peace." Besides his duties derived from the common law, he has others by provincial statutes. He presidea at the general sessions of the peace for his county, and gives the caeting vote vvhen required on di visions.
The court of king's bench and the district courts are the same as in Canada (g. v.).
The laws in force are the whole of the common law of Eogland (except such parts as are obviously inconsistent with the eircumetances of tbe colony), such parts of the statute law as are obviously necessary and applicable, and all acts of assembly of the province not disallowed by the home govern ment nor repugnant to the laws of England.