ability. tion of his office, and resigns his office, or if a judge of a vice, or dis⚫county court, not having attained the age of seventy-five years, resigns his office after having continued therein for a period of at least twenty-five years, His Majesty may, by letters patent under the Great Seal of Canada, grant to him a pension equal Pension equal to to two-thirds of the annual salary of which he was in receipt two-thirds at the time of his resignation, to commence immediately after salary. his resignation and to continue thenceforth during his natural life: Provided that if such judge has only continued in office as such judge for a period of less than five years, the pension which may be so granted to him shall not, unless the judge has attained the age of seventy-five years, exceed one-third of the. annual salary of which he was in receipt at the time of his resignation. 2. If any person, receiving a pension under this section, Salary obbecomes entitled to any salary in respect of any public office tained from under the Government of Canada, such salary shall be reduced deducted by the amount of such pension. R.S., c. 138, s. 15; 2 E. VII., pension. c. 16, s. 2; 3 E. VII., c. 29, s. 2. from Judge aged 25. Every judge of a county court who has attained the age gea of eighty years shall le compulsorily retired; and to any judge or aged 75 who is so retired, or who, having attained the age of seventy- years and 25 years' five years, resigns his office, and in the latter case has continued service. in office for a period of twenty-five years or upwards, His Majesty may grant an annuity equal to the salary of the office Annuity held by him at the time of his retirement, or resignation. full salary. 2. The annuity in either of the cases mentioned in this sec- Period of tion shall commence immediately after the judge's retirement annuity. or resignation and continue thenceforth during his natural life. 3 E. VII., c. 29, s. 2. equal to 35 years. 26. If any judge of a county court, after having continued Services of in office for a period of thirty-five years, and become afflicted with some permanent infirmity, disabling him from the due execution of his office, resigns his office, His Majesty may, by letters patent under the Great Seal of Canada, grant to him a pension equal to the salary of his office at the time of his resignation, the said annuity to commence immediately after his retirement, and to continue thenceforth during his natural life. 3 E. VII., c. 29, s. 3. SALARIES AND ANNUITIES-HOW PAID. funds pay 27. The salaries and retiring allowances or annuities of Out of what the judges shall be payable out of any moneys forming part of able. the Consolidated Revenue Fund of Canada. 2. For any period less than a year, the salaries and retiring Pro rata. allowances or annuities shall be paid pro rata. 3. The salaries and retiring allowances or annuities shall be Monthly. payable by monthly instalments and shall be free and clear of 2301 all First payment. Proportion ate payment if judge re all taxes and deductions whatsoever imposed under any Act of the Parliament of Canada. 4. The first payment of salary of any judge shall be made pro rata on the first day of the month which occurs next after his appointment. 5. If any judge resigns his office or dies he or his executor or administrator shall be entitled to receive such proportionate signs or dies. part of the salary aforesaid as has accrued during the time that he has executed such office since the last payment. R.S., c. 138, s. 16; 4-5 E. VII., c. 47, ss. 1 and 2. Tenure of office. Removal for misbehaviour. Order in council, reports and evidence to be laid be fore Parlia ment. Commission to inquire. Power of commissioners. REMOVAL OF COUNTY COURT JUDGES. 28. Every judge of a county court in any of the provinces of Canada shall, subject to the provisions of this Act, hold office during good behaviour and his residence within the county or union of counties for which the court is established. 2. A judge of a county court 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, (a) the circumstances respecting the misbehaviour, incapacity or inability are first inquired into; and, (b) such 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. 3. If any such judge is removed from office for any of such reasons, the order in council providing for such removal, and all reports, evidence and correspondence relating thereto, shall be laid before Parliament within the first fifteen days of the next ensuing session. 4. The Governor General in Council may, for the purpose of making inquiry into the circumstances respecting the misbehaviour, inability or incapacity of such judge, issue a commission to one or more judges of the Supreme Court of Canada or any one or more judges of any superior court in any province of Canada, empowering him or them to make such inquiry and to report, and may, by such commission, confer upon the person or persons appointed, full power to summon before him or them any person or witnesses, and to require them to give evidence on oath, orally or in writing or on solemn affirmation, if they are persons entitled to affirm in civil matters, and to produce such documents and things as the commissioner or commissioners deem requisite to the full investigation of the matters into which they are appointed to inquire. 5. The commissioner or commissioners shall have the same power to enforce the attendance of such person or witness, and to compel him to give evidence, as is vested in any superior 2302 court court of the province in which the inquiry is being conducted. R.S., c. 138, s. 2. JURISDICTION. Commissions of Assize, etc. Lieutenant missions for 29. General or special commissions, according to the laws Fowers of at any time heretofore in force in any province, for the holding Governors of Courts of Assize and Nisi Prius, Oyer and Terminer or as to comGeneral Gaol Delivery issued by the Lieutenant Governor of holding such province, which contain the names of judges or other court. officers who have been duly appointed to their respective offices either by the Governor in Council, or, prior to the passing of The British North America Act, 1867, by other competent authority, shall, with reference to all proceedings thereon, confer the same powers, jurisdiction, and authority on such persons as if such commissions had been issued by the Governor General. 54-55 V., c. 28, s. 4. of county 30. The jurisdiction of every county court judge shall Jurisdiction extend and shall be deemed to have always extended to any court judges. additional territory annexed by the provincial legislature to the county or district for which he was or is appointed, to the same extent as if he were originally appointed for a county or district including such additional territory. 54-55 V., c. 28, s. 1. 31. It shall be competent to any county court judge to hold County court judges may any of the courts in any county or district in the province in act in other which he is appointed, or to perform any other duty as a county counties. court judge in any such county or district, upon being required so to do by an order of the Governor in Council made at the request of the Lieutenant Governor of such province. 2. The judge of any county court may, without any such Idem. order, perform any judicial duties in any county or district in the province on being requested so to do by the county court judge to whom the duty for any reason belongs. the county. 3. The judge so required or requested as aforesaid shall, Deemed to while acting in pursuance of such requisition or request, be be judge of deemed to be a judge of the county court of the county or district in which he is so required or requested to act, and shall have all the powers of such judge. 54-55 V., c. 28, s. 2. judges 32. Any retired county court judge of a province may hold Retired any court or perform any other duty of a county court judge requested by in any county or district of the province on being authorized Governor in so to do by an order of the Governor in Council, made at the request of the Lieutenant Governor of such province; and such hold court. Council may retired judge while acting in pursuance of such order shall be deemed to be a judge of the county or district in which he acts in pursuance of the order, and shall have all the powers of such judge. 54-55 V., c. 28, s. 3. No judge business other than his judicial duties. JUDGES NOT TO ENGAGE IN BUSINESS. 33. No judge of the Supreme Court of Canada or of the to engage in Exchequer Court of Canada or of any superior or county court in Canada shall, either directly, or indirectly as director or manager of any corporation, company or firm, or in any other manner whatever, for himself or others, engage in any occupation or business other than his judicial duties; but every such judge shall devote himself exclusively to such judicial duties. 4-5 E. VII., c. 31, s. 7; c. 47, s. 3. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2304 CHAPTER 139. An Act respecting the Supreme Court of Canada. SHORT TITLE. 1. This Act may be cited as the Supreme Court Act. R.S., Short title. c. 135, s. 1. INTERPRETATION. Definitions. means the Supreme Court.' 2. In this Act, unless the context otherwise requires,- (b) judge' means a judge of the Supreme Court of Can- 'Judge.' ada and includes the Chief Justice; (c) Registrar' means the Registrar of the Supreme Court; Registrar.' (d) 'judgment,' when used with reference to the court Judgment.' appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof; and when used with reference to the Supreme Court, includes any judgment or order of that court; (e) final judgment' means any judgment, rule, order or Final judg decision, whereby the action, suit, cause, matter or other ment.' judicial proceeding, is finally determined and concluded; (f) appeal' includes any proceeding to set aside or vary Appeal.' any judgment of the court appealed from; (g) the court appealed from means the court from which Court the appeal is brought directly to the Supreme Court, appealed whether such court is one of original jurisdiction or a court of appeal; (h) witness' means any person, whether a party or not, to 'Witness.' be examined under the provisions of this Act. R.S., c. 135, ss. 2 and 96. THE COURT. 3. The court of common law and equity in and for Canada Court now existing under the name of the Supreme Court of Canada continued. is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record. 6 E. VII., c. 50, s. 1. 2305 145 THE |