My present object in addressing you is to ascertain whether I am correct in assuming that His Excellency will be prepared (under P. 5 of your despatch) to receive and forward One Petition for the reversal of the sentence passed on me as in the case cited by you, and to receive and forward another Petition (under P. 7 of your despatch) setting forth my charges against Chief Justice SMALE.
I am sorry to trouble you on the matter again, but it is better to be certain about the mode of procedure before getting the documents prepared, and on this head I would ask for a direction as to how affidavits in support of the Petition against the Chief Justice (assuming I am right in the belief that there are two Petitions) are to be sworn. The affidavits under the Petition for reversal can I imagine be sworn before any Commissioner of the Supreme Court being in a quasi Judicial Proceeding, but the other Petition is not of the same character and it will be necessary to determine the mode of entitling the affidavits and the person before whom they are to be sworn.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,) EDWARD H. POLLARD.
Honorable H. J. Ball, Acting Colonial Secretary, to
E. H. Pollard, Esquire, Q.C.
No. 355.
COLONIAL SECRETARY'S OFFICE, Hong Kong, 6th July, 1867.
SIR,
In reply to your communication of this day's date, I am instructed by SIR RICHARD GRAVES MACDONNELL to inform you that the practice adopted in the case to which you have been already referred, and in which there was only One Petition, should be adhered to.
His Excellency is of opinion that he is precluded from further advising you as to the management of the case.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
HENRY JOHN BALL, Acting Colonial Secretary.
Page 394
EX.
My present object in addressing you is to ascertain whether I an correct in assuming that His Excellency will be prepared (under P. 5 of your despatch) to receive and forward One Petition for the reversal of the sentence passed on me as in the case cited by you, and to receive and forward another Petition (under P. 7 of your despatch) setting forth my charges against Chief Justice SMALE.
I am sorry to trouble you on the matter again, but it is better to be certain about the mode of procedure before getting the documents prepared, and on this head I would ask for a direction as to how affidavits in support of the Petition against the Chief Justice (assuming I am right in the belief that there are two Petitions) are to be sworn. The affidavits under the Petition for reversal can I imagine be sworn before any Commissioner of the Supreme Court being in a quasi Judicial Proceeding, but the other Petition is not of the same character and it will be necessary to determine the mode of entitling the affidavits and the person before whom they are to be sworn.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,) EDWARD H. POLLARD.
Honorable H. J. Ball, Acting Colonial Secretary, to
E. H. Pollard, Esquire, Q.C.
No. 355.
COLONIAL SECRETARY'S OFFICE, Hoxoxoxe, 6th July, 1867.
SIR,
In reply to your communication of this day's date, I am instructed by SIR RICHARD GRAVES MACDONNELL to inform you that the practice adopted in the case to which you have been already referred, and in which there was only One Petition, should be adhered to.
His Excellency is of opinion that he is precluded from further advising you as to the management of the case.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
HENRY JOHN BALL, Acting Colonial Secretary,
394
EX.
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