order that the Defendant may learn exactly the precise nature and extent of the trespass which he is called upon to answer. You will perceive that your last application based as it is on a mere numerical reference to a penal Ordinance does not fulfil this essential condition of Particulars.
Indeed I should prefer in all future occasions of this sort that you should present acts of trespass.
have to complain either in person or by some person, duly deputed and not by written statement which the law of this Colony if strictly read, forbids me to receive in the form in which, have hitherto presented it.
which
& you may
on you
I have the honor to be Sir, Your Most Obedient Servant,
Signed) & H Metshell.
Acting Chief Magistrate
The Acting Surveyor General's Office,
17th July 1836.
I have the honor to remind
1 you of my application
your
of the 14 instant drawn up in conformity with
Suggestions and in the same form as that on which I you had previously issued at least one summons under the same Ordinance namely that against C. Guddell under Sheet : I have again to request that you will issue without delay the summonses to which that application refers, and I must decline entering into any discussion with you of the Miscellaneous topics touched upon in your letter of yesterday; they are irrelevant to the matter in hand and foreign to the remedy which I seek from you.
The decisions of the 21st May and 5th July are, in my opinion against law and principle.
on
no means egoi =
I found that
on the unanimous condemnation of that decision the 21st of May cases, which was expressed by the legislative Council (both Chief Justice, and Attorney General being present) and which I believe has been notified to you by Mr. Lager.
However, these decisions, are I admit incapable of being reversed.
"But you will observe that under section I of
WH Mitchell Say
Acting Chief Magistrate
Ordinance
order that the Defendant may learn exactly the precise nature and extent of the trespect which he is called upon to answer. You will perceive that your last application based as it is on a mere numerical reference to a penal Endinance does not fulfil this cucential endition of Partier
Indeed I should prefer in all fucture occasions of this dort that you should present ait trespacces of
have to complain either in person or by some person, duly deputed and not by written_ statement which the law of this Colony if strictly read, forbids me to receive in the form in which, have hetherto presented it.
which
& you may
on you
I have the honor to be Sir, Your Most Obedient Servant, Signed) & H Metshell.
Acting Chat Magistrate
The Heating Surreyer Consent to the Urding Christ Magistrale.
hoir
Fun
Survey or Ceneral's Off
or s 17th July 1836.
I have the honor to remind
1 you of my application
your
of the 14 inclent drawn up in conformity with
Sugestions and in the same form as that on which I you had previmely issued at least one sammens under the same Ordinance namely that against C. Guddell under Sheet : I have again to request that you will sieve without delay the sammences to which that application refers, and I must, declive entering into any decenction with you of the Miscellaneous topics: touched upon in your
letter of yesterday; they are irrele vant to the matter in hand and by. valent to the remedy which Iseek from you.
The decisions of the 21st May and 5 of Inly eases are, in my opinion against law and frinion
on
no means egoi =
I found that
on the unanimous condemnation of that decision the 21 of May cases, which was expressed by the legis - lative Council (both brief Justice, and Attorney General being present) and which I believe has been notified to you by Mr. Lager.
However, these decisions, are I admit incapable· of being reversed.
"But you will oberve that under section. I of
WH Mitchell Say
Acting Chef Magistrate
Ordinance
1
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