Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal Order in Council, 1954
| Jurisdiction | UK Non-devolved |
| Citation | SI 1954/1369 |
| Year | 1954 |
1954 No. 1369
The Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal Order in Council, 195419thOctober 1954
23rdOctober 1954
On a date to be appointed by the High Commissioner under Section 2.*
At the Court at Buckingham Palace, the 19th day of October, 1954
Present,
The Queen's Most Excellent Majesty in Council
Whereas it is desirable to establish a Court of Appeal for Basutoland, the Bechuanaland Protectorate and Swaziland:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Interpretation
1.—(1) In this Order, save where the context otherwise requires—
"the Court" means the Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal established by this Order;
"the High Commissioner" means any person who is for the time being Her Majesty's High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland;
"judgment" includes decree, order, conviction, sentence and decision;
"President" means the President of the Court and includes any person who is acting as President;
"the Territories" means the territories to which this Order applies.
(2) Subject to the provisions of this section and save where the context otherwise requires, the Interpretation Act, 1889(b), shall apply for the purpose of interpreting this Order as it applies for the purpose of interpreting an Act of Parliament.
Citation and commencement
2. This Order may be cited as the Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal Order in Council, 1954, and shall come into operation on such date as the High Commissioner may by Proclamation appoint, which date shall not be earlier than the day after the day on which this Order shall be laid before both Houses of Parliament.
Application of Order
3. The territories to which this Order applies are Basutoland, the Bechuanaland Protectorate and Swaziland.
(a) 53 & 54 Vict. c. 37.
(b) 52 & 53 Vict. c. 63.
*Date appointed, 15.4.55.
The Court of Appeal
4. There shall be a Court of Appeal for the Territories, which shall be called the Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal and shall be a superior court of record.
Seal of the Court
5. The Court shall have and use, as occasion may require, a seal bearing a device or impression of the Royal Arms with the inscription "Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal".
Composition of the Court
6.—(1) Subject to the provisions of subsection (2) of this section, the judges of the Court shall be—
(a) the person who holds the substantive offices of Chief Justice...
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