an allowance. Attorney-General, who went away to another Province; he claimed a retir-Britain were adopted and applied to ing allowance; but Lord Carnarvon relieved the Government of that claim by giving the gentleman an appointment in some other colony. These were officers who, having been appointed, had to be provided for without reference to what their duties were, because they were appointed by the Imperial Government; that made it a sine qua non that they should have retiring allowances.

There was also the duties in those respective capacities, the County Court Acts of Great

the Province of British Columbia, and these stipendiary magistrates were given County Court jurisdiction under those Acts. Those Acts were also applied in time to the old Province of Vancouver Island, but, after the union of these two Provinces, the laws were assimilated. When Confederation came about, one of the objections to the union with Canada was made by gentlemen who formed the Executive Council of the Province with

action of the Local Government itself—

the Government of the Province, of

which he was at that time Premier

MR. MACKENZIE said these stipendiary magistrates exercised civil juris-regard to those Judges and stipendiary magistrates, and they insisted that, diction in certain districts; therefore, before they would consent to Union, they were on the same footing as County there must be a provision in the terms Court Judges. This division, under of Union for pensions for them the treaty, did not require stipendiary in case of their removal. That conmagistrates as such, but so far as they cession was made, and, as would be performed the duties of civil Judge for found from the terms of Union, it was these districts, it was the duty of this not a movement on the part of the Parliament to provide compensation. Imperial Government, but was the He understood a correspondence was going on with the Local Government, with a view to see if they would assimilate their system to that of Ontario, and if they agreed to do that, and make the two systems uniform, it would be necessary that this vacancy, caused by the death of Mr. Bushby, should be filled up because of the civil jurisdiction he exercised at the time of the Union. If they were County Court Judges in the discharge of civil duties, then it would be necessary for this Government to appoint a County Court Judge, and make provision for his salary.

MR. DECOSMOS said that, when the introduction of emigrants and gold miners took place in British Columbia, it became necessary to appoint gold commissioners. They were persons who received applications with regard to mines, and they were also made Justices of the Peace. With regard to the statement of the hon. gentleman opposite (Sir John A. Macdonald) that they were appointed by the Imperial Government, he might say that they were not appointed as stipendiary magistrates or County Court Judges by that Government; they were Government agents, gold commissioners and land commissioners; and a year or two after they had exercised their

that these County Court Judges and magistrates should still discharge their duties in the manner they had before Confederation. He had had a great deal to do with the late Administration, and not much to do with the present one, with a view of enabling the Provincial Government to compel these gentlemen to perform the same duties since Confederation as they had done before. But, he believed, these were now, virtually, only County Court Judges, and had managed very successfully to escape from the Provincial duties which it was expected they would perform until the Provincial Government was ready to appoint certified barristers to sit upon the Bench.

MR. MACKENZIE said his hon. friend from Cariboo (Mr. Thompson) had shown him the Acts. The first had been passed in 1867, which established County Court Judges and provided that it would be lawful for the Government of British Columbia to appoint any stipendiary magistrate or Justice of the Peace for the colony to be a County Court Judge. The stipendiary magistrate, as such, was not a County

Court Judge, but the Act enabled the Lieutenant-Governor to appoint such stipendiary magistrate or Justice of the Peace, as he might choose, to be a County Court Judge. There was a subsequent Act of the 10th March, 1869, which provided that every that every stipendiary magistrate should have certain jurisdiction that any one or more Justices of the Peace may have, and so on; showing that the offices of stipendiary magistrate and of County Court Judge were two distinct offices, although they might be held by the same person. The appointment of Superior Court Judges or County or District Judges rested with the Dominion Government.

as

MR. LAFLAMME said that by the statute of 1873 these magistrates had been admitted and recognised County Court Judges, and the statute stated positively they should be paid the actual salary so long as they remained in office. Judge Bushby was dead, and,

MR. DECOSMOS said there was no real necessity for the County Court Act to come into force in order to enable the Government to appoint a County Court Judge under the English Statute. Common law applied to the Province of British Columbia; the appointments could be made by this Government as well as the Provincial Government.

MR. MACKENZIE said the salaries were not, at present, at all uniform. One of those Stipendiary Magistrates received $3,400; another, $3,000; this one received $2,425, and there were two others who received $2,250. The salary would not be necessarily fixed, and if it were, it would, as nearly as possible, be the correct one.

SIR JOHN A. MACDONALD said the salaries had been fixed according to the comparative duties. Some of the magistrates in the rich gold districts had heavier duties and larger But he thought salaries than others. on therefore,

the Government asked Parliament to

they should think twice

matter.

the

replace him. As the Statute recog-
nized him as County Court Judge, the ought to put it to the vote.
obligation to replace him devolved
upon the Dominion Government.

MR. MACKENZIE: I think We

SIR JOHN A. MACDONALD said the Statute did not provide that a Stipendiary Magistrate was ex officio County Court Judge. They had to pay the salaries of the Stipendiary Magistrates found there. Here was

a salary to be provided, of $2,000, and they must, at any rate, strike out the words "Stipendiary Magistrate." He wished to point out to the hon. the Premier the great objection to this item passing as it stood. It would not affect the case of the present Stipendiary Magistrates who, he believed, had, as a matter of fact, commissions as County Court Judges, and who had their salaries fixed; but it did not follow that they should give this salary of £500 sterling to County Court Judges. It would be exceedingly inconvenient to bind themselves to fix all the salaries of County Court Judges at £500 sterling. Whenever this Act came into force, it would become the duty of the Government to settle the salary.

SIR JOHN A. MACDONALD: You ought to take of vote of $2.000 inThat was stead of £500 sterling. considered an Ontario.

enormous sum in

MR. MACKENZIE said, with regard to County Court Judges, it was extremely difficult at this moment to get a good County Judge. Under the operation of the Act of 1873, the greatest inconvenience had been caused the Government in endeavouring to fill vacant judgeships. At present, it was almost impossible to obtain the best legal gentlemen to fill vacancies in important counties, and the truth was in some cases it was very doubtful whether the existing Judges would retain their places. He had paid little attention, at the time, to that particular Act, but he had never ceased to regret, that it had passed. He did not think it would be possible, in the future, to avoid making some increase in the salaries of County Court Judges, at all events in such counties as York, Wentworth, Middlesex, Simcoe, Halifax, St. John, with their enormous

MR. MACDONNELL said some of the judgeships in Nova Scotia were going begging. They had been offered to several gentlemen. A gentleman whose practice at the Bar was not over $2,000, was hardly a fit practitioner to be allowed on the Bench. If they were to have Judges competent to discharge their duties, there must be some inducement offered in the shape of increased salaries. MR. THOMPSON (Cariboo) said it adopt some method of increasing the

occupied every day in the year, except when on circuit, in Chambers; indeed, he did much more work than the Superior Court Judges, and that too, of almost equal importance. The Local Legislature had chosen to extend very largely the jurisdiction of the County Court Judges, and in that way had increased their labours; but from the very circumstances of the case, and the fact that the Bar had a very high degree of confidence in the ability, integrity and industry of Judge Waters, they went to him with every case it was possible to bring before a County Court Judge. He understood the Bar had addressed a memorial to the Governor-General or the Minister of Justice, expressing the opinion, which was one in which every one was acquainted with the work concurred in, that Judge Waters' salary was far too small and should be increased to $3,000, in addition to what he received as Judge of the Vice-Admiralty Court. He (Mr. Speaker) did not pretend to say that Judge Williston was overpaid, but, from personal knowledge, he was aware that Judge Waters had a great deal more work to do, and that, in fact, his work, in the course of the year, almost equalled that of the whole of the County Court Judges.

he believed that Judge Waters did not receive sufficient remuneration, he was satisfied the salary paid to Judge Williston, who travelled in the three northern counties, and whose work had been largely increased by Provincial legislation, should be increased.

MR. BUNSTER said he was surprised at hon. members having taken objection to items in the Estimates for the administration of justice in British Columbia, in view of the heavy cost of living and travelling expenses in that Province. It was not the first time the interests of British Columbia had been attacked. Even the late Minister of Marine and Fisheries had not properly discharged his duties, because he was ignorant of the valuable fisheries of the Pacific Province, otherwise he would have made increased grants for the protection of the fisheries, and the maintenance of fish-breeding establishments. Their annual exports of fish amounted in value to $450,000. An additional Judge should be appointed for New Westminister, as his services would be required next season; that district already contained 3,000 people, and before two years had elapsed, would probably have 20,000. It was desirable that justice should be administered MR. MITCHELL said he had not in British Columbia after the British attempted to undervalue the duties dis- model, and it must be remembered charged by Judge Waters, who was that no Province caused less expense an old colleague of his, and a gentle- to the Dominion in regard to the adman of great ability, and highly ministration of justice. For the respected by the profession. He was maintenance of the Mounted Police in not aware, however, of the accumula the North-West, $120,000 was annually tion of duties which he had been called required, but the people of British upon to discharge, and that the Su- Columbia, recognizing the necessity perior Court Judges of New Brunswick of maintaining law and order, did not should so far have neglected their involve any cost to Canada on that duties as to have permitted such oner- head; and it was only reasonable to ous duties to have fallen upon that give to New Westminister a Judge, in Judge, instead of the work bein; case delinquent creditors should desire properly divided. If the Superior to abscond to the United States. He Judges had removed to Fred- felt that the people of that district had ericton to reside, for the purpose no representative on the floor of the of effecting economy, and the pub- House, which should not be the case, lic interest had thereby suffered, the and as a British Columbian, he felt he attention of the proper authorities had a double duty to perform. It was should be given to the matter; and and well known that the writ had not yet they should see that those Judges, at left; and the late member had not all events, divided with Judge Waters dare to come back here, because he the business which they, as Superior had not voted in the interests of the Court Judges, ought to perform. While Province, while this was the next most.

He SIR JOHN A. MACDONALD: While talking of the necessity of guarding the public buildings, I would mention that I think, last Session, a gentleman, who, I think, is an architect in Ottawa, said to me that some day or other there would be a great fire here, and that all these buildings must go, owing to the great collection of paper in the attics; and that, if a fire once got in, with the long sweep weep Ι there, these buildings must go. I would like to know if the attention of the hon. gentleman at the head of the

times is it necessary to increase the insuring these buildings, and they did number of police?