Courts of Justice Act, 1936

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Pending appeals.

45.—The following provisions shall have effect in relation to appeals from judgments and orders of the Circuit Court in civil cases given or made before the commencement of this Part of this Act, that is to say:—

(a) if notice of appeal from such judgment or order was lawfully served before such commencement, the appeal from such judgment or order shall, if all parties so consent, be heard and determined under and in accordance with this Part of this Act, but if any party does not so consent such appeal shall be heard and determined as if this Part of this Act had not come into operation;

(b) if notice of appeal from such judgment or order is lawfully served after such commencement, the appeal from such judgment or order shall be heard and determined under and in accordance with this Part of this Act.