Amendment
of section 3.
Amendment
of section $.
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(c) by the insertion after the definition "functions" of the
following-
察
'"hereditament" includes both a corporeal and an incorporeal
hereditament;
"judge" means a District Judge:",
(d) by the deletion of the full stop at the end of the definition "plaintiff" and the substitution therefor of a semicolon and by the addition at the end thereof of the following-
"prescribed" means prescribed by rules made by the Rules
Committee;
"Registrar", subject to the provisions of section 10, means the
Registrar of the District Court;
"Rules Committee" means the District Court Rules Committee
established under section 13:
"temporary judge" means a temporary judge or a temporary
additional judge appointed under section 7.”.
3. Section 3 of the principal Ordinance is amended by the deletion in subsection (2) of the words "as is conferred upon it by this Ordinance" and the substitution therefor of the following-
"and powers as are conferred upon it by this Ordinance and by any other enactment for the time being in force".
Section 5 of the principal Ordinance is amended, in sub-
section (1)-
(a) by the deletion of the words "District Judge" and the sub-
stitution therefor of the following-
"judge and
(b) by the addition in paragraph (a) after the word "advocate"
of the following-
Amendment
5.
of section &
(a)
"or as a solicitor".
Section 6 of the principal Ordinance is amended-
by the deletion in subsections (1) and (3) of the words "District Judge and the substitution therefor of the follow- ing-
"judge"; and
(b) by the deletion of subsection (2) and the substitution therefor
of the following-
"(2) The proceedings in every action or malter sub- sequent to the bearing or trial, down to and including the final judgment or order, and any application for leave to appeal or for a stay of execution shall, so far as is practicable and convenient, be taken before the judge before whom the trial or hearing took place.”; and
3
(c) by the addition in subsection (3) after the words "this Ordin-
ance" of the following-
"or any other enactment”,
replacement of section 7
Section 7 of the principal Ordinance is repealed and replaced Repeal and by the following- "Temporary Judges,
Powers of a temporary
judg
7.
(1) Where the office of judge is vacant by death or otherwise, the Governor may appoint a fit and proper person as a temporary judge, to fill such office until such time as the office has been filled in accordance with the provisions of section 4 or for such other period as the Governor may think fit.
(2) If a judge is unable, through temporary illness or absence, to carry out his duties the Governor may appoint a fit and proper person as a temporary judge, to fill the office until the judge resumes the duties thereof or for such other period as the Governor may think fit,
(3) If the Governor considers it desirable so to do. he may appoint any fit and proper person to be a tem- porary additional judge for such period as the Governor may think fit.
(4) Every appointment made in accordance with the provisions of this section shall be by instrument under the Public Seal and may be terminated by the Governor al any lime.
7A. (1) A temporary judge shall, during the perind for which he is appointed, have all the jurisdiction, powers and privileges, and perform all the duties of the office of District Judge,
(2) Where the hearing of any proceedings duly com- menced before a temporary judge is adjourned or where judgment is reserved therein or is subject to review, the temporary judge shall, notwithstanding that before the hearing is resumed or judgment is delivered or the review disposed of, his appointment has expired or has been terminated or a successor is appointed to the judge in whose place he was acting. have power to resume the hearing and determine the proceedings or to deliver as the judgment of the court the judgment which he has reserved or to review the judgment or decision which he has given if such review is otherwise authorized, as the case may be.
(3) The appointment of a temporary judge. not being a temporary additional judge, shall not become void by the vacation of the office of the judge in whose place he
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