FULL COURT.
No. 27 of 1912.
No. 27 of 1912.
2253
To make provision for the reconstitution of the Full Court.
[in force 1st December, 1912.]
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:
1. The Full Court Ordinance, 1912.
64
Short title.
2. In this and 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, whether in Court or Chambers, provided however that where more than two judges in the permanent 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 for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court.
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 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 judges only sits otherwise than in appellate jurisdiction 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 judgment or order of the Full Court subject to a right which is hereby conferred on any party
FULL COURT.
No. 27 of 1912.
No. 27 of 1912.
2253
To make provision for the reconstitution of the Full Court.
[in force 1st December, 1912.]
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:
1. The Full Court Ordinance, 1912.
64
Short title.
tion.
2. In this and in all existing and future enactments the expres- Interpreta- sion Full Court" shall mean, subject only to the provisions of this Ordinance, any two or three judges sitting together, whether in Court or Chambers, provided however that where more than two judges in the permanent 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 Precedence. Court:
Provided however that the Judge of His Britannic Majesty's Supreme Court for China, if his appointment as such judge is earlier in date than the appointment of the Chief Justice as such Chief Justice, shall preside whenever he is present in the Full Court.
4.--(1) Where a Full Court consisting of three judges sits the Rule where
Judges judgment or order of any two of them shall be deemed the judgment differ. 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 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 judges only sits other- wise than in appellate jurisdiction 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 judgment or order of the Full Court subject to a right which is hereby conferred on any party
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