Arnold White, C.J.

1. The question we have to determine in this ease turns on the meaning of the word judgment in Clause 15 of the Letters Patent, I find it impossible to reconcile the decisions on the point.

2. I do not think the word judgment is used in contradistinction to the worlds sentence or order which immediately follow it. The words "not being a sentence or order passed or made in any criminal trial," as it seems to me, were introduced in order to exclude all criminal proceedings from the operation of the section and that it is not to be inferred from the introduction of these words that the legislature intended that the word judgment should include all orders in civil proceedings.

3. Further, I am not prepared to infer, from the fact that in Sections 39 and 40 of the Letters Patent a distinction is drawn between final judgments, decrees or orders, and interlocutory judgments, decrees or orders, that the word judgment in Section 15 is to be deemed to include any order in any interlocutory proceeding.

4. The test seems to me to be not what is the form of the adjudication but what is its effect in the suit or proceeding in which it is made. If its effect, whatever it