cHAP. 1] THE TENURE OF JUDICIAL OFFICES 1337 
There is nothing in the British North America Act which 
relates to the tenure of the Supreme Court Judges, and their 
tenure therefore depends upon the Canadian Act, which 
>stablished the Supreme Court of Canada! That Court as 
now constituted under the Supreme Court Act, c. 139 of the 
Revised Statutes of 1906, consists of a Chief Justice and 
five Puisne Judges appointed by the Governor in Council 
by letters patent under the Great Seal. It is provided by 
S. 9 that the judges shall hold office during good behaviour, 
but shall be removable by the Governor-General on address 
of the Senate and House of Commons. 
In the case of Judges of County Courts it is provided by 
S. 28 of the Revised Statutes, c. 138, that every Judge shall, 
subject to the provisions of the Act, hold office during good 
behaviour and residence in the county or counties over which 
his Court is established. But he may be removed from 
office by the Governor in Council for misbehaviour or for 
incapacity or inability to perform his duties properly on 
account of old age, ill health, or any other cause, if the 
circumstances respecting the misbehaviour, incapacity, or 
inability are first inquired into, and if the judge is given 
reasonable notice of the time and place appointed for the 
inquiry, and is afforded an opportunity by himself or his 
counsel of being heard thereat, and of cross-examining the 
witnesses and adducing evidence on his own behalf. If he 
is removed from office for any such reason, the Order in 
Council providing for his removal, and all reports, evidence, 
and correspondence relating thereto, shall be laid before 
Parliament within the first fifteen days of the next session. 
The Governor-General in Council may for the purpose of 
inquiring into the circumstances respecting the misbehaviour, 
inability. or incapacity of a Judge, issue a commission to one 
' 30 Viet. c. 3, 5. 99, makes the J udges of the Superior Courts in the pro- 
vinces hold during good behaviour, and provides that they shall only be 
removable by the Governor-General on address of the Senate and House o 
Commons. The salaries of judges are not voted annually, but put on the 
Civil List; Bourinot, Constitutional History of Canada, p. 151: Revised 
Statutes, 1906. ¢. 13%