Page:The Green Bag (1889–1914), Volume 02.pdf/269

 242

1873), and of the great territory of the removal by the Governor-General, as re Northwest, but little diminished in size by spects the judges of the Superior Courts on the creation of Manitoba, and then and still an address of the Senate and House of Com subject to the paternal supervision and con mons, and as respects the County Court trol of the Government and Parliament of Judges on a report of a judge of the Supreme the Dominion. All the Provinces, except Court of Canada or of a judge of a Superior Quebec, enjoyed a legal system based upon Court of any Province commissioned to in the common law of England. Quebec had quire into the necessity for such removal. derived its laws relating to property and civil The Parliament of Canada votes the salaries

rights from the civil of all these judges, and the Dominion Gov law and the old cus tomary law of Paris; ernment pays them. The judges of the Prov but in common with the other Provinces inces of Ontario, Que bec, Nova Scotia, and its criminal and mer cantile codes were New Brunswick are based upon the law taken from the bars of of England. In all the Provinces in which the Provinces there they are to administer justice. The Crown existed a statutory law of a varied and is not limited in the diversified character. same way with respect In only two did there to judges of the other exist a court of appeal; Provinces, but of late in all there was an years a similar rule appeal to the Privy with regard to them Council in England, has been adopted. regulated in Ontario The provincial gov ernments appoint and and Quebec by pro vincial statute, in the pay the police magis other Provinces, with trates. To the provin the exception of Man cial legislatures be itoba, by imperial or longs also the exclu the hon. sir william buell Richards (deceased). ders in council; and sive legislative power in Manitoba, there be over the administra ing neither statute nor imperial orders in tion of justice in the Provinces, including council on the subject, the appeal existed by the constitution, maintenance, and organi virtue of the royal prerogative. zation of provincial courts, both of civil and The judicial system, throughout the Do criminal jurisdiction, and including the pro minion, was and is regulated by the provi cedure in civil matters in those courts. sions of the British North America Act, The Parliament of Canada, on the other 1867. That Act requires that all the judges hand, enjoys legislative control over the of the Superior, District, and County Courts criminal law, including the procedure in of the Provinces, with the exception of the criminal matters. judges of the Courts of Probate of New From the highest to the lowest the judges Brunswick and Nova Scotia, shall be ap under this system become the servants pointed by the Governor-General. The ten neither of the Dominion nor of the Province ure is during good behavior, subject to to the courts of which they are assigned, but