CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 506

f

C O P Y.

Enclosure 1.

1897

A06

REG 19 JAN 12

5, Queen's Road,

2nd. December, 1911.

The Honourable

Sir.

Colonial Secretary.

I beg leave to reply to your letter of the 16th.

ultimo upon which I have conferred with the Attorney-General, as

suggested by you.

1.

The present system of Appeals is admittedly un-

-satisfactory, and the only question for consideration now is whether a Judge should come down from Shanghai to sit in the Appellate Court

or whether a third judge should be appointed here.

2.

are as follows:-

The drawbacks to a Judge coming down from Shanghai

(i). Any big appeal would break down the whole system at

once.

(ii). Even if the Judge from Shanghai managed to get through

all the appeals in the time allotted, which I regard as very doubtful, he would undoubtedly have to sit on substantially de die in diem, without having any adequate opportunity of discussing the points on one appeal with the other Judges before having to hurry on

with another appeal.

In fact he would probably not be able in a com- -plicated case to more or less make up his own mind, before he finds himself involved in the facts and law relating to other appeals.

In my opinion the above is a grave objection.

Cases which go to appeal are frequently of considerable intricacy, involving large amounts and requiring mach consideration and discussion before a definite decision can be satisfactorily arrived at, and it seems to me to be highly desirable that all the Judges sitting in the Appellate Court should have a reascr -able opportunity of discussing and deciding one appeal before going

on