Page:Appellate Division Act 1920.djvu/2

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Appellate Division.

Act No. 12 of 1920.

Appeal from High Court of Protectorate of South-West Africa.

3. The appellate division shall have jurisdiction to hear and determine appeals from orders or judgments of the High Court created and constituted for the Protectorate of South-West Africa by Proclamation No. 21 of 1919 issued by the Administrator of that Protectorate or from orders or judgments of any superior court hereafter created and constituted for that Protectorate, in the same circumstances and subject to the same conditions as such division hears and determines appeals from an order or judgment of a provincial division of the Supreme Court and in cases of orders or judgments of such High Court or superior court upon application by way of motion or petition or on summons for provisional sentence or judgments as to costs only or on civil or criminal appeals from a magistrate’s court, an appeal shall also lie to the appellate division but only if that division has given special leave to appeal; and on any such appeals the appellate division may make such order as it would have made if the appeal had been from a judgment or order of such provincial division. The provisions of Act No. 1 of 1911, in so far as they relate to appeals from the Native High Court of Natal shall also apply mutatis mutandis whenever the High Court or superior court created and constituted as aforesaid has exercised original jurisdiction for the trial and punishment of crimes and offences.

Short title.

4. This Act may be cited for all purposes as the Appellate Division Act 1920.

[Untranscribed text.]