CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 514

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504

seemed to be doomed to failure at its first session. Again,

last year one appeal, from a case in Original Jurisdiction

which had occupied 54 days, last 15 day, and unless I had

taken a very strong line, somewhat to the surprise of both

aides, it would have lasted 25 days. My experience there-

fore shows me the potentialities of the list of appeals

which are likely to come before the new Court; and I have

based my opinion on them. In the face of these facts it is

to me incredible that the Government should persist in

pressing forward the scheme.

I have not used in connection with the above

facts the word "abnormal"; I doubt even whether I should be

justified in saying that they are exceptional. Periods of

congestion in Original Jurisdiction are of frequent

occurrence; I have experienced at least four, the one which

occurred in 1908 being the worst; congestion in Original

Jurisdiction means probable congestion in the Appeal Court.

And with regard to the long case alluded to above, what I

have paid both in my judgment and in reporting on it, must

be borne in mind. If the judgment in First Instance had

stood there would have been a crop of heavy cases of a

similar bature, for issues of grave and far-reaching impor-

tance were involved. Young China is dissatisfied with the

way in which Old China has administered intestate success-

ions; and taking advantage of what was thought to be

English law on the subject it was attempted to open two

successions, one of 20 years old, and the other of 40 years

old. There were at the time other cases, 3 or 4, of the same

class which were subsequently settled. But I cannot say,

the spirit of the times being what it is, that other

attempts of a similar nature will not be made; if made they

will involve estates of many lakhs of dollars, and inter-

minable lawsuits with prolonged appeals will be the

inevitable consequences. The fact that there has been this

long appeal cannot therefore begot rid of by the suggestion

that it is not likely to occur again. If a new Court is