|
|
Transfer of pending business.
|
21.—From and after the commencement of this Act the several jurisdictions which by this Act are transferred to the High Court, and the Supreme Court, and the Chief Justice, shall cease to be exercised except by the High Court and the Supreme Court and the Chief Justice respectively: Provided that in all proceedings which shall have been fully heard but in which judgment shall not have been given, or having been given shall not have been perfected at the time appointed for the commencement of this Act, such judgment may be given and perfected respectively after the commencement of this Act, in the name of the same court and of the same judges and officers and generally in the same manner as if this Act had not passed; and such judgment shall take effect as if it had been duly perfected before the commencement of this Act, and every order of any court or judge whose jurisdiction is hereby transferred to the High Court or to the Supreme Court or to the Chief Justice (which order shall have been duly perfected at any time before the commencement of this Act) may be executed and enforced, and, if necessary, amended or discharged by the High Court and the Supreme Court and the Chief Justice respectively, in the same manner as if it had been an order of the High Court or of the Supreme Court or of the Chief Justice and all proceedings whether civil or criminal which shall be pending in the courts, whose jurisdiction is so transferred as aforesaid, at the commencement of this Act shall (save as otherwise expressly provided by this Act) be continued as follows, that is to say, in case of proceedings on appeal pending in the existing Court of Appeal, the same shall be continued before the Supreme Court, and in case of all other proceedings (save proceedings in matters hereinbefore transferred to the Chief Justice) the same shall be continued before the High Court, and in case of all proceedings in matters hereinbefore transferred to the Chief Justice the same shall be continued before the Chief Justice. The said courts and the Chief Justice respectively shall have the same jurisdiction in relation to all such proceedings as if such proceedings had been commenced before them respectively and continued before them respectively down to the point at which the transfer takes place, and so far as relates to the manner of procedure such proceedings or any of them may be continued either in the same or the like manner as they would have been continued, in the respective courts from which they shall have been transferred, as aforesaid, or according to the course of the respective courts to which they shall be transferred, so far as the same be applicable thereto.
|
