4. When
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Λ
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A first
A January,
1913.
33
[5. Where] three judges in the permanent service of the Procedure Colony shall not be available [and also whenever the where three Governor by notification in the Gazette so directs the permanent following provisions shall apply :-
(1.) In all interlocutory appeals, appeals from the court in its summary jurisdiction, appeals from any Magistrate (including a Marine Magistrate), in all cases where the Full Court sits to hear and determine points reserved for its cousidern- tion, and in all cases where the Full Court does not sit in appellate jurisdiction] the Full Court shall consist of two judges only Nand the judg- ment or order of the Chief Justice or in his absence of the Senior Judge shall be deemed the judgment or order of the Full Court. [(2.) In all other cases the Full Court shall consist of three judges one of whom shall be the judge of His Britannic Majesty's Supreme Court for China (if the Principal Secretary of State for Foreign Affairs bas consented to such appoint- ment) or a barrister of not less than 7 years standing temporarily appointed by the Govern- or from time to time for the purposes of this sub-section ]
judges are not avail- able.
Procedure
permanent judges are
5. When more than two judges in the permanent service of the Colony are available the following provisions shall where three apply:
(1.) A judge whose judgment or order is appealed available.
from shall not be a member of a Full Court - of two julges only sitting to hear and deter- mine the appeal.
(2.) Where a Full Court consisting of two judges only sits in appellate jurisdiction und the two judges differ then the judgment or order of any judge appealed from shall be disturbed only in so far as it may be modified or affected by any order they may make as to which they do not differ and shall be deemed to be the judgment or order of the Full Court.
(3.) Where a Full Court consisting of two jud- ges only sits otherwise than in appellate jurisdiction or sits on appeals from a Magis- trate (including a Marine Magistrate), and the two judges differ the judgment or order of the Chief Justice or in his absence of the Senior Judge shall be deemed to be the judg- ment or order of the Full Court subject to a right which is hereby conferred on any party aggrieved to an appeal to a Full Court con- sisting of three judges if applied for within fourteen days after the delivery of the judg- ment or order of the said Chief Justice or Senior Judge.
(4.) Where a Full Court consisting of three judges sits the judgment or order of any two of them shall be deemed the judgment or order of the Full Court.
Amend-
6. The enactments specified in the first column of the Schedule hereto are hereby amended in the manner specified ments. in the second column.
7. This Ordinance shall come into operation on the Commence- Aday of A
[1912]
ment.