1336 THE JUDICIARY [PART VI 
that a salary equal at least in amount to that which at the 
time of the appointment of any judge shall be then payable 
by law shall be paid to such judge so long as his patent or 
commission shall continue and remain in force. This was 
a clear intimation of the intention of the legislature that no 
judge should be appointed unless there was a fixed salary 
payable to him by law as a judge. Besides, s. 7 authorized 
the Governor in Council, during the illness or absence of 
any judge or for other temporary purposes, to appoint a 
judge to hold office during pleasure, and such judge shall be 
paid such salary not exceeding the amount payable by law 
to a Puisne Judge of the said Court. This clearly implied 
that a Puisne Judge shall have a definite salary. Moreover, 
the Superannuation Acts implied that every Judge of the 
Supreme Court shall be entitled to an annual salary at the 
time of his resignation. 
Though the Act of 1858 had been superseded by the Act 
No. 29 of 1882, the terms of the former Act were relevant as 
showing the sense of the terms of the later Act. In place of 
8. 6 of the earlier Act, s. 11 of the later Act provided that the 
salary of a judge shall not be diminished during the con- 
tinuance of his commission. The reason for the change of 
language was not clear, but it did not appear to be intended to 
effect the limitation of the power of judges. There were no ex- 
ceptions in practice since 1858, though there might have been 
some slight irregularity with regard to certain appointments. 
They therefore gave judgement against the respondent, but 
did not require him to pay the costs in either Court. 
* Presumablythe same reasoning would be applied in any similar case, but 
the commissions and now the letters patent constituting the office of Gover- 
nors empower the Governor to appoint judges eo nomine. So it has been 
held (see Munro, Constitution of Canada, p. 243) that the Governor-General 
of Canada alone (as opposed to the Lieutenant-Governors) could appoint 
judges by virtue of the prerogative, probably a sound view; contrast 
Wilson J. in Reg. v. Amer, 42 U.C. Q. B. 391; 1 Cart. 722, who held that 
a Lieutenant-Governor of Ontario could issue a commission to hold a 
Court of Assize ; but this power seems possibly a provincial prerogative, as 
the constitution of Courts of Justice is a provincial matter under the British 
North America Act, while the appointment of Judges of the Superior Courts 
is assigned expressly to the Governor-General by the Act.