1330 THE JUDICIARY [PART VI 
by Act of the Legislature to alter salaries of the Governor 
and of the judges! The tenure was fixed in 1843 and 1849. 
Provision for the judges’ salaries was also included in 
the Civil Lists set up in the Provinces of Nova Scotia, New 
Brunswick, and Prince Edward Islands, on condition of 
and in anticipation of receiving the benefit of responsible 
government, and Nova Scotia regulated the tenure of office. 
A formal change, however, in practice took place when 
the Australian Colonies came into existence. It was then 
considered desirable specially to make provision for the 
security of the judges’ tenure of office, and so it is provided 
under the Constitution Act of New South Wales? as 
follows '— 
XXXVIIL. The Commissions of the present Judges of the 
Supreme Court of the said Colony, and of all future Judges 
thereof, shall be, continue and remain in full force during 
their good behaviour, notwithstanding the Demise of Her 
Majesty (whom may God long preserve) or of Her Heirs and 
Successors, any Law, Usage, or Practice to the contrary 
thereof in anywise notwithstanding. 
XXXIX. It shall be lawful, nevertheless, for Her Majesty, 
Her Heirs or Successors, to remove any such Judge or Judges 
npon the Address of both Houses of the Legislature of this 
Colony. 
XL. Such salaries as are settled upon the Judges for the 
time being by Act of Parliament or otherwise, and also such 
salaries as shall or may be in future granted by Her Majesty, 
Her Heirs and Successors, or otherwise, to any future Judge 
of Judges of the said Supreme Court, shall in all time coming 
be paid and payable to every such Judge and Judges for the 
time being so long as the Patents or Commissions of them or 
anv of them respectively shall continue and remain in force. 
Similar provisions were adopted in the case of Queensland 
in 1859 by letters patent of June 6, 1859, which were issued 
under the authority of one Imperial Act and confirmed by 
another. and re-enacted by the Queensland Parliament in 
! The Legislature in 1847 fixed by local Act (c. 114) the Civil List. There 
is no Civil List in the British North America Act, but the salaries were at 
once fixed by law ; see Revised Statutes, 1906, c. 138. 
? 18 & 19 Vict. c¢. 54, sched. ; Act No. 35 of 1900, ss. 10, 11.