CO129-388 - Governor Sir Lugard - 1912 [1-2] — Page 372

专

:

J

Enclosure 1.

A BILL

entitled

301

9030

LOVE 30 MIR 12,

An Ordinance to make provision for the reconstitution

of the Full Court.

Whereas it is deemed expedient to amend the constitution of the Supreme Court and to make provision for the appointment of a temporary judge in cases where a sufficient number of permanent judges are not available.

Be it enacted &c.

ort Title.

erpreta- on.

cedence.

1. This Ordinance may be cited as "The Full Court Ordinance

1912*.

2. In all existing and future enactments the expression "Full

Court" shall mean, subject only to the provisions of this Ordinance, any two or three judges sitting together, pro- -vided however that where more than two judges in the per- -manent service of the Colony are available a judge whose judgment or order is appealed from shall not be a member of a Full Court of two judges only, sitting to hear and determine the appeal.

3. The Chief Justice shall as a general rule preside in the

Full Court.

Provided however that the Judge of His Britannic Majesty's Supreme Court in China and Corea if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside when- -øver he is present in the Full Court.

where Judges 4 (1). 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.

(2). Where a Full Court consisting of two judges only sits in appellate jurisdiction and the two judges differ then the judgment or order appealed from shall be disturb-

-ed 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