Section 4. In case there shall be a difference of opinion between the two Commissioners, the following course shall be pursued (that is to say) :

4. In case there shall be a difference of opinion between the two Commissioners, the following course shall be pursued (that is to say) :— (1.)—If the difference of opinion be on any question of fact in the finding of the lower Court, the finding shall be upheld; (2.)—If the difference of opinion be on a point of law or of usage having the force of law, the ruling of the lower Court shall be upheld, unless one of the Commissioners shall be of opinion that the point should be referred to the High Court of Judicature of the North-Western Provinces of the Presidency of Bengal, in which case the Commissioners shall state the point as to which they differ, and forward the statement with their respective opinions thereon to such High Court.