Page:Administration of Justice (Further Amendment) Act 1927.djvu/2

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Administration of Justice (Further Amendment).

Act No. 11 of 1927.

(b) if the argument was heard before four judges, the judgments of the three remaining judges if in agreement; or

(c) if the argument was heard before five judges, the judgments of the four remaining judges if in agreement, or of any three of them which are in agreement,

shall be the judgment of the Court.

(3) No judge shall sit in the hearing of an appeal against a judgment or order given in a case which was heard before him.


Quorum of Appellate Division in applications and certain criminal and other matters.

2. Notwithstanding anything contained in Part VI of the South Africa Act, 1909, or in this Act or in any other law, three judges of the Appellate Division shall form a quorum for the hearing and determination of―

(a) any application or motion of whatsoever nature made to or before it; or

(b) any appeal under section three hundred and seventy-one of the Criminal Procedure and Evidence Act, 1917; or

(c) any case or question reserved for its consideration under section three hundred and sixty-nine or section three hundred and seventy-two of the last-mentioned Act; or

(d) any appeal against any judgment, whether in civil or criminal proceedings, of the Native High Court of Natal.


Jury trials in civil cases in Cape and Natal abolished.

3. (1) From and after the commencement of this Act, the laws specified in the Schedule thereto shall be repealed to the extent set forth in the fourth column of that Schedule, together with any other law repugnant to or inconsistent with this section, and it shall no longer be competent in the Provinces of the Cape of Good Hope and Natal for any issue in any civil case to be tried by jury.

(2) Nothing in this section contained shall apply to any civil case in which at the commencement of this Act application for trial by jury had competently been made under any law, and such civil case shall be tried and determined in all respects as if this Act had not been passed.


Short title.

4. This Act may be cited as the Administration of Justice (Further Amendment) Act, 1927.




Schedule.

Province of Union. No. and Year of Law. Long or Short Title or Subject of Law. Extent of Repeal.
Cape of Good Hope. Act No. 22 of 1891. The Jury Act, 1891. So much as is unrepealed.
Act No. 23 of 1891. The Trial Act (Civil Cases), 1891. The whole.