1950_FULL_COURT_ORDINANCE — Page 2

CAP. 2]

[s. 4 cont.]

(Cap. 221.)

Full Court.

then the judgment or order appealed from shall be deemed to be the judgment or order of the Full Court.

(2) Subject to the provisions of subsection (4), 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. If the judgment or order appealed from is not so modified or affected it shall be deemed to be the judgment or order of the Full Court; and if the judgment or order appealed from is so modified or affected it shall, as so modified or affected, be deemed to be the judgment or order of the Full Court.

(3) Subject to the provisions of subsection (4), 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 president shall be deemed to be the judgment 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 consisting of three judges if applied for within fourteen days after the delivery of the judgment or order.

(4) Where a Full Court consisting of two judges only sits to determine any question reserved for consideration or any appeal under the Criminal Procedure Ordinance, and the two judges differ as to the judgment or order to be made, then the matter shall be reheard by a Full Court consisting of three judges, and if no two of such three judges agree as to the judgment or order to be made, then the judgment or order of the trial judge, if any, and if there is no such judgment or order, then the judgment or order of the President, shall be deemed to be the judgment of the Full Court.

15 of 1945, s. 3.

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