CO129-012 - Sir John Davis - 1845 [5-7] — Page 318

4

focentry

The Attorney General objected

that in matters

this kind, the Law of

of the

land did not apply. I offered to

England

postpone

the trial with a view to a

a jury

de medietate when the claim was

1

Now supporing

immediately waived. Now

the trial to have been put off for this purpose,

and in the interval - it had been accertained

that such a

e-gurg

could not

be

empannel'd.,

I should have felt no difficulty in holding that in this particular instance_ the Law of England was in applicable

that in

" Perhaps Tought also to mention-

passing.

sentence of death. I mit that portion of the English form of contence which

requires that the prisoner should be buried within the precincts of the prison. This I have taken upon myself to do having learned - from Major faine that

[ form of burial would be impracticable

such

1

in

in the

present state There

can.

of the prison. however be no

513

objection

manner.

the in

English-

to the fudge reporting in the suggested any departure from Law on the ground of its inapplicability to the Colony. Unless we continue to

apply

5

the-

Law of England as heretofore, in acendance with the directions in despatch No 8 of

we must have

large

volumes

to meet the diversity of cases

1843,

for. of Ordinances

that must arise".

Secondly, As to the prevalence of the

English - Law of real - property in Hongkong

of all

all lands

the

The circumstance within the folony in the possession of individuals being held by Lease-

e-from Crown must greatly simplify the questions that can arise under this head. The

instruction in. Despatch No 8 already

#

referred to enjoins that the right of

luce alt.