CHAP. 6.

Committee may

14. If the committee shall come to any resolution other than the determination above mentioned, they may report report specially. the same to the house for their opinion; and the house may confirm or disagree with the resolution, and make such order thereon as they may think proper.

self.

Committee man 15. No member of the committee shall absent himself absenting him therefrom without leave of the house; and the chairman shall report the name of a member so absenting himself, who shall, for his neglect, be punished or censured at the discretion of the house; and the committee shall never proceed unless five members are present.

Where commit

tee reduced to

16. If the members of the committee shall be unavoidless than five. ably reduced to less than five, and shall so continue for three days, the committee shall be dissolved, and another chosen in like manner; but the evidence already taken shall be considered by the new committee.

Disobedience to summons of committee.

Their power and

tain cases.

17. If persons summoned by the committee shall disobey the summons, or if witnesses before the committee shall prevaricate or misbehave in giving or refusing to give evidence, the chairman may, by direction of the committee, report the same to the house for the interposition of their authority or censure.

18. When the committee shall think it necessary to discretion in cer- deliberate among themselves, they may, after hearing the evidence and counsel on both sides, direct the room to be cleared.

A majority of voices shall decide.

Oaths how administered.

Effect of proro

committee sit

ting.

19. Decisions of the committee shall be made by a majority of voices; and if the voices be equal, including the chairman, he shall have an additional casting vote.

20. The oaths by this Chapter directed to be taken in the house shall be administered by the Clerk or Assistant, and those before the committee by the chairman.

21. If the General Assembly shall be prorogued while a gation while a committee shall be sitting, the committee shall not be dissolved, but shall be thereby adjourned to twelve o'clock on the fourth day following that on which the assembly shall meet again in session; and the former proceedings of the committee shall remain in force, and the committee shall meet at the time to which it shall be so adjourned, and continue to act as if there had been no prorogation.

Committee to report whether

ous.

22. The committee, when they report their final deterpetition frivole mination to the house, shall also report whether the petition did or did not appear to them frivolous or vexatious, and also whether the opposition thereto did or did not appear to them frivolous or vexatious; and such report shall be signed by the majority concurring therein.

ported frivolous,

If a petition re- 23. When a petition shall be reported frivolous or vexatious, the sitting member shall be entitled to recover from the petitioners, or any of them, the expenses of opposing the same.

expenses recoverable.

24. When the opposition to a petition shall be reported CHAP. 6. frivolous or vexatious, the petitioners shall be entitled to If opposition rerecover from the sitting member the expenses of prose- ported frivolous. cuting such petition.

25. The expenses of prosecuting or opposing a petition Expenses how shall include witnesses' fees as well as other costs and taxed. expenses, and shall be ascertained as follows: the Speaker, on application, shall direct them to be taxed by the Clerk of the house and a master of the Supreme Court, who shall tax the same and report the amount to the Speaker, who, on the approval by the house thereof, or of such part thereof as the house may allow, shall, on application, deliver to the parties a certificate under his hand, expressing the amount of the expenses allowed; and the persons appointed to tax the expenses and report the amount shall be entitled to such fees, to be paid by the parties for whom the bill is taxed, and included therein, as may be fixed by resolution of the house.

recovered.

26. The parties entitled to expenses, or their represen- Expenses how tatives, may demand the amount certified from any of the persons liable therefor, and on non-payment may recover the same by action of debt in the Supreme Court, wherein it shall be sufficient for the plaintiffs to declare that the defendants are indebted to them in the amount certified by virtue of this Chapter; and the certificate signed by the Speaker shall have the effect of a warrant to confess judgment, and the Court shall, on motion, and the production of the certificate, enter judgment for the plaintiffs for the amount specified in the certificate in the like manner as if the defendants had signed a warrant to confess judgment in the action for that amount.

may recover a

27. Where the expenses shall have been recovered from A party paying any person, he may recover in like manner from others, rateable contriliable to the payment of the same expenses, a proportion-bution. able share thereof, according to the number liable.

the words sitting.

28. The words "sitting member," when used in this Explanation of Chapter, shall also comprehend parties admitted to oppose member. a petition.

29. The Provincial Secretary shall not hereafter serve Prov. Secretary on an election committee; and if any other member of the exempt. administration be drawn, he shall be excused on declaring How member apon oath, to be administered by the Clerk or Assistant, of Government at the clerk's table, that his attendance on the committee would be prejudicial to the public service, by interfering with his official duties, or his attendance at the council board.

to be excused.

CHAP. 7.

Seats how vacated.

Offices which vacate seats.

Vacancies how supplied.

Speaker's seat how vacated.

CHAPTER 7.

OF VACATING SEATS.

1. Any member of the House of Assembly may by written notice to the Provincial Secretary, or Speaker of the House if in session, vacate his seat.

2. If any member shall accept of any of the following offices, his seat shall become vacant, but he may be reelected; that is to say, the offices of Attorney General, Provincial Secretary, Treasurer, Commissioner of Public Works and Mines, Commissioner of Crown Lands; but, if any person holding either of the above offices and being at the same time a member of the House of Assembly shall resign his office and within one month after his resignation accept of the same or of any other of such offices, he shall not thereby vacate his seat in such Assembly.

3. Whenever a seat shall become vacant a writ shall be issued to supply the vacancy.

4. The Speaker may vacate his seat as Speaker and member; either by a declaration to that effect in the house, if in session, or by written notice to the Provincial Secretary; in which case a writ shall be issued to supply the

vacancy.

CHAP. 8.

TITLE II.

OF PROVINCIAL PROPERTY: ITS REGULATION
AND MANAGEMENT.

CHAPTER 8.

OF THE CASUAL AND TERRITORIAL REVENUE.

torial revenue

1. The proceeds of all the casual and territorial reve- Casual and terrinues of the Crown in the Province, as hereafter designated, where paid. shall be paid into the Provincial Treasury.

2. The several casual and territorial revenues of the of what it conCrown, and the moneys and funds and other rights which sists. are placed at the disposal of the General Assembly for the use of the Province, under and by virtue of this Chapter, are declared to be-all rents, sums of money, returns, profits, and emoluments, arising, reserved, due, or owing in any manner whatsoever, which shall have heretofore accrued and shall be in hand, or shall be hereafter to be received in respect of any lease, demise, sale, grant, transfer, or occupation of any of the crown lands, mines, minerals, or royalties of Her Majesty within the Province, whether in the island of Cape Breton or in any other part of the Province, of whatsoever nature or description; and also all fees and payments and commutation therefor, at the office of the Provincial Secretary, received or payable, in respect of any writings, licenses, instruments, or commissions, there made or issued, and on which fees were heretofore payable to the Lieutenant Governor and Provincial Secretary; and lastly, all fines, penalties, and forfeitures imposed under any law of the Province, and applicable for the use of Her Majesty.

Mines and Mine

3. All the right and title of Her Majesty, whether in Transfer of reversion or otherwise, of, in, to, and out of all mines, in minerals, and oils whatsoever, within the Province, inclu ding the island of Cape Breton, and also all rents and profits arising therefrom, are assigned, transferred, and surrendered, to the disposal of the General Assembly of this Province, subject only to the existing rights of the lessees,. and persons entitled under existing Statutes, and of all persons claiming under them or any of them; and shall be managed, leased, disposed of, made available, paid and applied in such manner, and to and by such officers and persons, and for such public uses and purposes as by any act of the General Assembly for the time being shall be directed.

СНАР. 8. Management provided for.

Collection provided for.

Proceeds of
Crown Lands

4. The General Assembly may provide for the managing, collecting, and receiving of the revenues, and other matters so surrendered and transferred, and for appointing proper officers for such revenues.

5. For the more easy collection of such revenues, the officers or persons charged therewith may in the name of Her Majesty, but to the use of the Province, take all such lawful ways and means, by information, suit or proceeding at law or in equity, as by or on behalf of Her Majesty, might be adopted in respect of such revenues, or any of the lands, mines, or royalties chargeable therewith, if the surrender, transfer, and assignment had never been made for the use of the Province.

6. Nothing herein contained shall interfere with the where payable. grant, sale, lease, or disposal of any of the ungranted lands of the Crown in this Province, except only the mines and minerals herein before specified, by or on behalf of Her Majesty; but all such grants, sales, leases, or disposals of such ungranted lands, and the management, direction, or control thereof, shall remain in such officers as Her Majesty shall deem proper, or as may be directed by any law of this Province, and the nett proceeds only of such grants, sales, leases, or disposals of such ungranted lands, after deducting the necessary expenses of managing the same, shall be paid into the Treasury of the Province; but an account of such expenses shall be annually submitted to the General Assembly; and the salary or allowance of the officers employed, and the expenses of the department, shall be subject to the control and regulation of the General Assembly, and no other or greater salary or allowance or expenses shall be taken than such as shall be allowed thereby.

7. This Chapter shall continue in operation until eighteen months after the demise of Her present Majesty (whom God long preserve), and thereafter everything herein contained, and the transfer, surrender, and assignment herein mentioned, shall cease and determine.