Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1336 THE JUDICIARY [PART VI that a salary equal at least in amount to that which at the time of the appointment of any judge shall be then payable by law shall be paid to such judge so long as his patent or commission shall continue and remain in force. This was a clear intimation of the intention of the legislature that no judge should be appointed unless there was a fixed salary payable to him by law as a judge. Besides, s. 7 authorized the Governor in Council, during the illness or absence of any judge or for other temporary purposes, to appoint a judge to hold office during pleasure, and such judge shall be paid such salary not exceeding the amount payable by law to a Puisne Judge of the said Court. This clearly implied that a Puisne Judge shall have a definite salary. Moreover, the Superannuation Acts implied that every Judge of the Supreme Court shall be entitled to an annual salary at the time of his resignation. Though the Act of 1858 had been superseded by the Act No. 29 of 1882, the terms of the former Act were relevant as showing the sense of the terms of the later Act. In place of 8. 6 of the earlier Act, s. 11 of the later Act provided that the salary of a judge shall not be diminished during the con- tinuance of his commission. The reason for the change of language was not clear, but it did not appear to be intended to effect the limitation of the power of judges. There were no ex- ceptions in practice since 1858, though there might have been some slight irregularity with regard to certain appointments. They therefore gave judgement against the respondent, but did not require him to pay the costs in either Court. * Presumablythe same reasoning would be applied in any similar case, but the commissions and now the letters patent constituting the office of Gover- nors empower the Governor to appoint judges eo nomine. So it has been held (see Munro, Constitution of Canada, p. 243) that the Governor-General of Canada alone (as opposed to the Lieutenant-Governors) could appoint judges by virtue of the prerogative, probably a sound view; contrast Wilson J. in Reg. v. Amer, 42 U.C. Q. B. 391; 1 Cart. 722, who held that a Lieutenant-Governor of Ontario could issue a commission to hold a Court of Assize ; but this power seems possibly a provincial prerogative, as the constitution of Courts of Justice is a provincial matter under the British North America Act, while the appointment of Judges of the Superior Courts is assigned expressly to the Governor-General by the Act.

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