omar. 1] THE TENURE OF JUDICIAL OFFICES 1335 
Law, Usage, or Practice, to the contrary notwithstanding ’.2 
But the fourth clause of the Act empowered the Governor at 
his discretion, in the name and on behalf of Her Majesty, 
upon the address of both Houses of the General Assembly, 
to remove any judge from his office. It was contended that 
the second clause enabled the Governor to appoint as many 
judges as he pleased, although salaries had not been pro- 
vided or had been provided for other services, as in this case. 
[t was improbable that this was the correct interpretation. 
It was most important to maintain the independence of the 
judges. They said, it cannot be doubted that, whatever 
disadvantages may attach to such a system, the public gain 
is, on the whole, great. It tends to secure an impartial 
and fearless administration of justice, and acts as a salutary 
safeguard against any arbitrary action of the executive. 
The mischief likely to result if the construction contended 
for by the respondent be adopted is forcibly pointed out by 
one of the learned judges, who held the appointment now in 
question to be valid. He said :— 
In the present case, until such time as the matter may be 
finally dealt with by Parliament, the position will undoubtedly 
remain most unsatisfactory. The judge is absolutely depen- 
dent upon the Ministry of the day for the payment of any 
salary, and has to come before Parliament as a suppliant to 
ask that a salary be given him. It is difficult to conceive 
a position of greater dependence. No judge so placed could 
indeed properly exercise the duties of his office. One of 
these duties, for instance, is the trial of petitions against the 
return of members to Parliament. How could a judge in 
bhis position be asked to take part in such a trial ? Against 
the occurrence of such a state of things obviously neither 
the power of the purse which Parliament has, nor the power 
of removal by address, can be a sufficient protection.’ 
Of course if it were clearly the intention of the legislature 
effect must be given to it, but it was legitimate to construe 
the Act as a whole to see what construction ought to be put 
pon any particular provision. Now s. 6 of the Act provided 
Copied from the Imperial Act, 1 Geo. IIL ¢. 23. The general rule of the 
aeed of new commissions on the demise of the Crown was abrogated by the 
[mperial Act I Edw. VIL ec. 5, which is valid over all the Empire.