1334 THE JUDICIARY [PART VI 
thought it right to appoint him by Commission a Judge of 
the Supreme Court. But there was no special parliamentary 
sanction, nor was any salary granted, and owing to a change 
of Ministry the salary was refused and a Bill to add a judge to 
the Supreme Court was refused leave for introduction. The 
Judicial Committee, adverting to the arguments which had 
been used before as to the power of appointing judges in 
England, pointed out that with two possible exceptions, the 
latest of which was 1714, since the reign of James I no 
additions had been made without express parliamentary 
sanction. But at any rate, after the Act 1 Geo. III. c. 23 
it would be difficult to contend in the United Kingdom that 
the Crown could appoint additional judges for the payment 
of salary to whom Parliament had given no sanction. For 
the purpose of the independence of the judges, judges must 
be presumed to be intended to reccive salaries. It was 
clear that the Constitution Act of 1852 (s. 65), which ap- 
pointed salaries for a Chief Justice and a Puisne Judge, 
forbade the salary of any judge to be diminished during his 
term of office. This provision would be rendered practically 
ineffectual if the Executive could appoint a judge without 
salary, who would have to come to Parliament each year for 
remuneration for his services. It might well be that the 
provision impliedly declared that every judge thereafter 
appointed should have a salary provided by law to which 
he would be entitled during his continuance of office: In 
1857 a temporary appointment of a Puisne Judge was made, 
though there was no vacancy; as a result two Acts were 
passed in 1858, one to regulate the appointment and tenure 
of offices of judges, and the other to alter sums granted to 
the Crown by the Constitution Act for civil and judicial 
services. The second section of the first Act provided that 
the Supreme Court of New Zealand should consist of a Chief 
Justice and ‘of such other judges as His Excellency, in the 
name and on behalf of Her Majesty, shall from time to time 
appoint’. It was also provided that the commissions of 
judges ‘shall be and continue in force during their good 
behaviour notwithstanding the Demise of Her Majesty, any