CO129-106 - Acting Governor Mercer - 1865 [8-9] — Page 336

legal

no appeal provided, and hence I apply to

A

dir, as having

it in your power to make

provision Against a repetition of such

recurrence

your

some

I should explain that Mr

Klinganill, my opponent in the cases I complain of is a barricter at law who has resided in the Colony

for about twelve years, Attorney

Leveral.

and who has acted as

on more than

the vacancy of that office.

Carried ou

Law.

ore

occasion during

Muder the Ordinance

now happily repealed) which amalgamated the tius branches of the legal profession Mr Kingamill the business of General Practicioner at I should further explain that there is laurt in Hongkong called the Summary hurisdiction Caurt, which sits without a dury in which sents up to five hundred dollars can fee tried.

The appeal from this Court lies to the

be

Supreme Court, list &

& goes in farther. Owning to the bsence of the Chief Justice, W Ball the Sudge of the hummary Caunt presides at the Suppleme Court and M. Whyte, a Barrister, one of the Stipendiary Magistrates has been appointed in M. Ball's place at the Summary Court. The decisions I complain of

were made by M. Whyte in the Summary Court.

the 25th July.

I moved

ove

for leave to appeal and obtained the privilege of an interview with M. Ball in chambers when

- my application was refused ground that no evidence had been,

ou

the

a

had been rejected, dictum I cannot assent to, for reasons which will presently appear.

Mo

332

I should also explain, I cumployed Counsel because in a small Community

like this one

lawyer cannot be induced to act

against another.

My pawers of diction and

to con-

I refer to

The

argument being very circumscribed I crave reference to a report of the cases tained in the affixed local paper. remarks of the Editor

or

the cases

thaugh

in many paints pertinent and applicable, are in no way responsible for, still I leeg they may lee perused.

this:_

ove

Cards

The plain truth is simply Being a resident of Yokohama lapan in 1862 I purchased a cargo of merchanduje from

Kempner, which was at the time afloat and on the way from Lapan to London . The transaction was a

Cash one. on the arrival of the Cargo in London, it was found saturated cuth halt water and was in Consequence worthters. My friends refused to

"Kemfituer's Agent had to pay the freight and charges. On this intelligence reaching Yokohama I found.

recevrée it and

reason to

conclude that Kemptner had recorted to Concealment and I'Rued him at the British Consulate for the return of the paid line. and eved me for the freight and charges which his Agent had paid in London. It

I had money the commenced a cross action.

Cannot

DEX