An Act respecting the Governor General, the Civil List, and the Salaries of certain Public Functionaries

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31 Victoria, c. 33 (Canada)

An Act respecting the Governor General, the Civil List, and the Salaries of certain Public Functionaries.

[Assented to 22nd May, 1868.]

Preamble.

 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Governor General to be a corporation sole.

1. The Governor General of Canada for the time being, or other Chief Executive Officer or Administrator carrying on the Government of Canada, on behalf and in the name of the 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.

Sums mentioned in the Schedule to this Act, to be payable without an annual vote.

2. Inasmuch as it is not expedient that the payment of the salaries of the Ministers composing the Queen’s Privy Council for Canada, or of the salaries and pensions of the Judges of the 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 monies forming part of the Consolidated Revenue grind of Canada.

Retiring allowance to Judges.

3. In case any Chancellor or Vice Chancellor of the Court of Chancery, or any Chief Justice or Judge of the Court of Queen’s Bench or of the Court of Common 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 Law or Equity or of the Court of Vice-Admiralty,

In what cases H. M. may grant it

in any one of the said Provinces for fifteen years or upwards, or becomes afllicted with some permanent infirmity, disabling him from the due execution of his oflice, then, in case such Judge resigns his oflice, Her Majesty may, 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 ofiice 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 monies forming part of the Consolidated Revenue Fund of Canada.

When the forgoing provisions shall take effect.

4. The foregoing provisions of this Act, so far as they relate to the salaries and retiring allowances of Judges and to Indian 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.

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