APPEAL TO THE PRIVY COUNCIL.

22,

3 APPOINTMENT OF JUDGES.

The judges of the Supreme, District, and County Courts
(except the Courts of Probate in Nova Scotia and New
Brunswick) are appointed by the Governor-General, and their
salaries are paid by the Dominion”.
The judges of the Supreme Courts hold office during
good behaviour, but they are removeable by the Governor-General
 on address of the Senate and House of Commons”.
Judges of the County Courts also hold office during good
behaviour, and during residence within their districts”.
They may be removed by Order in Council for (a)
inability or old age or ill health, (b) incapacity or misbehaviour.
 An inquiry must be held before removal, and
reasonable notice be given to the judge of such inquiry.
The inquiry is to be held by a Commission, which may
consist of the judges of the Supreme Courts either of
Canada or of any province®.

3. APPEALS TO THE Privy COUNCIL.

An appeal lies from the Supreme Court of Canada to the
Judicial Committee of the Privy Council, by permission of
the Judicial Committee. The Canadian Act establishing the
Supreme Court enacted that the judgment of the Court
should be final and conclusive “saving any right which Her
Majesty may be graciously pleased to exercise by virtue of
her royal prerogative.” These last-mentioned words were
held to leave entirely untouched and to have preserved
Her Majesty's prerogative to allow an appeal®

1 B. N. A. Act, 1867, ss. 96—100. R. S.C. c. 188.
? B. N. A. Act, 8. 99. 3 R.8.C.c. 138. 4 Th.
5 R. S.C. ec 135, 8. 71. 8 Johnston v. Minister and Trustees of
qt Andrew's Chureh. Li. BR. 8 App. Cas. 159.