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EXECUTIVE GOVERNMENT AND
C. S. CAN., CAP. 10.
An Act respecting the Governor, Civil List and Sala
ries of certain Public Officers.
This Act is effete or superseded, except the following clause which is part of section 4, sub-section 3.
(3). No pension shall be granted except to Judges retiring Pensions. from office, or under the express provisions of some Act of the Provincial Parliament allowing such Pension
The remainder of the subsection is effete.
The case of Judges retiring from office is provided for by 31 V. c. 33,
31 VICT. CAP. 33.
An Act respecting the Governor-General, the Civil
List, and the Salaries of certain Public Functionaries.
[Assented to 22nd May, 1868]
U ER Majesty, by and with the advice and consent of the Preamble.
1 Senate and House of Commons of Canada, enacts as follows:
1. The Governor-General of Canada for the time being, or Governorother Chief Executive Officer or Administrator carrying on the con
General to be Government of Canada, on behalf and in the name of the sole. Queen, by whatever title he is designated, and his successors, shall be a Corporation sole ;- . and all bonds, recognizances and other instruments by law required to be taken to him in his public capacity, shall be taken to him and his successors by his
name of office, and may be sued for and recovered by him or his successors by his or their name of office as such ; and the same shall not in any case go to or vest in the personal representatives of the Governor-General, Chief Executive Officer or Administrator of the Government in whose name they were so taken.
an annual vote
Sums mention- 2. Inasmuch as it is not expedient that the payment of the ed in the Sche- salaries of the Ministers composing the Queen's Privy Council dule to this Act, to be pay- for Canada, or of the salaries and pensions of the Judges of the able without Courts hereinafter mentioned, or of the other sums mentioned
in the several Schedules hereunto annexed, should depend upon the annual vote of Parliament: therefore, there shall be payable yearly, and pro rata for any less period than a year, the salaries, allowances, grants and sums of money mentioned in the Schedules annexed to this Act, to the persons and for the purposes therein specified, and the same shall be payable out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada.
By 36 V. c. 31, sec 1, post, page 176, 80 much of this Act as fixel the salary and allowances of any judge, public functionary, or officer mentioned in 36 V. c. 31, was repealed. The latter clause of this Section (printed in italics) is therefore included in the said reperl, except as to the items mentioned at the end of this Act.
Retiring al. 3. In case any Chancellor or Vice-Chancellor of the Court lowance to Judges.
of Chancery, or any Chief Justice or Judge of the Court of Queen's Bench or of the Court of Coinmon Pleas, in the Province of Ontario,-or of the Court of Queen's Bench or of the Superior Court in the Province of Quebec,—or of the Supreme Court of the Province of Nova Scotia, or of the Supreme Court of the Province of New Brunswick, or any Judge of the Court of Vice Admiralty in any of the said Provinces,—has continued
in the Office of Judge of one or more of the Superior Courts of In what cases Law or Equity or of the Court of Vice-Admiralty, in any one of H. M., may the said Provinces for fifteen years or upwards, or becomes afgrant it.
flicted with some permanent infirmity, disabling him from the due execution of his office, then, in case such Judge resigns his office, Her Majesty nay, by letters patent under the Great Seal of Canada, reciting such period of office or permanent infirmity, grant unto such Chancellor, Vice-Chancellor or Judge an annuity equal to two thirds of the salary annexed to the office he held at the time of his resignation, to commence immediately after his resignation, and to continue thenceforth during his natural life, and to be payable pro rata for any period less than a year, during such continuance, out of any unappropriated moneys forming part of the Consolidated Revenue Furd of Canada.
When the 4. The foregoing provisions of this Act, so far as they relate visions shall
pro- to the salaries and retiring allowances of Judges and to Indian
me take effect. annuities, shall take effect on and after the first day of July, in
the present year of Our Lord one thousand eight hundred and sixty-eight, from and after which day no further payment shall be made under the authority of chapter ten of the Consolidated Statutes of the late Province of Canada, nor shall any salary, retiring allowance or pension, or travelling allowance be payable under any authority whatever to any Chancellor, Vice-Chancellor, Chief Justice or Judge, except only such as are herein allowed, confirmed and declared payable.
This Section is modified in the same way as Section 2. See note to that Section.
SALARIES, ALLOWANCES, PENSIONS, AND OTHER SUMS OF
MONEY PAYABLE UNDER THIS ACT.
Only such portions of this Schedule are printed as relate to the Dominion of Canada and the Province of Ontario, and are not altered or superseded by 36 V., c. 31.
Dominion of Canada.
The Secretary of the Governor-General, while
the present Incumbent remains in office.$3,000 per ann. And afterwards..
............ $2,400; (6
The latter amount is now the Salary of the Official named.
Indian Annuities (Quebec & Ontario)..........$26,664 per an.
32-33 VICT. CAP. 74.
An Act respecting the Salary of the Governor
[Reserved for the signification of Her Majesty's pleasure thereon, 22nd June, 1869; Royal Assent given by Her Majesty in Council, on the 7th August, 1869; Proclamation thereof made by His Excellency the Governor-General on the 16th October, 1869.
D ER Majesty, by and with the advice and consent of the Pier hle. IT Senate and House of Commons of Canada, enacts as follows:
Salary fixed at £10,000 sterling.
1. There shall be payable yearly, and pro rata for any period less than a year, to the Governor-General of Canada, for the time being, the salary of ten thousand pounds sterling, equal to and of the value of forty-eight thousand six hundred and sixty-six dollars and sixty-three cents; and the same shall be payable out of the Consolidated Revenue Fund of Canada and shall form the third charge thereon.
32-33 VICT. CAP. 8.
An Act to amend the Act thirty-first Victoria, Chap
ter thirty-three, and to make further provision with respect to the salaries, and travelling allowances of the Judges.
[Assented to 22nd June, 1869.]
W HEREAS it is expedient that the allowances for travel
V ling expenses to the Judges of the Superior Courts in the Dominion, should be fixed by Statute instead of being fixed by Order in Council, as provided in the Act of the now last Session, thirty-first Victoria, chapter thirty-three : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The following shall be the scale of Circuit allowances to the Judges hereinafter mentioned :
In the Province of Ontario,
To each of the Judges of any of the Superior Courts of Law or Equity, one hundred dollars for each time he holds any Court for the trial of causes, in any County except the County of York and the City of Toronto.
Then follow provisions for other Provinces and the section concludes.
How to be applied for
The application for payment of such allowance shall be accompanied by companied by a certificate of the Judge applying for it, of the number of days for which he is entitled to claim it.
From what 2. The foregoing scale of allowances shall take effect from time to take the twenty-second day of May, one thousand eight hundred and
sixty-eight, the day of the passing of the said Act, thirty-first
Victoria, chapter thirty-three. Allowance to 3. Any retired Judge of any of the Superior Courts of the retired judge Province of Ontario, appointed or to be hereafter appointed presiding in
Presiding Judge of the Court of Error and Appeal for that Court of Error Province, and entitled, under the said Act thirty-first Victoria, and Appeal,
de Ontario. chapter thirty-three, to a retiring allowance of two-thirds of the salary annexed to the office he held at the time of his resignation, shall, while he continues to hold the office of Presiding Judge, be entitled, to receive a further allowance equal to onethird of his said salary.
As to present Chief Justice of the Court of Error and Appeal, see 37 V. c. 4, sec. 6.
4. The salaries and retiring allowances or annuities of the Exemption Judges are hereby declared to be free and clear of all taxes from taxation
by Parliamento and deductions whatsoever imposed under any Act of the Parliament of Canada.
5. This Section related to Salaries of County Court Judges in Ontario and New Brunswick, but was superseded by 36 V. c. 31, sec. 10.
6. Related to Quebec-repealed.
8. All the sums mentioned in the foregoing sections are sums granted hereby granted to Her Majesty for the purposes therein men- to be paid out
of Con. Rev. tioned, and shall be payable out of any moneys forming part of Fund. the Consolidated Revenue Fund of Canada.
9. So much of the said Act, thirty-first Victoria, chapter Inconsistent thirty-three, as may be inconsistent with the foregoing provi- enactments
repealed. sions is hereby repealed.
35 Vict., cc. 20 and 21, which amended the above Act do not relate to Ontario.
36 VICT., CAP. 31.
An Act for the re-adjustment of the salaries and
allowances of the Judges and other Public Functionaries and Officers, and of the indemnity to the Members of the Senate and House of Coinmons.
[Assented to 23rd May, 1873.]
HEREAS it is expedient, in view of the increased cost Preamble.
of living consequent upon the diminished value of money and other causes, to re-adjust the salaries and allow