192
67.
Whether we approved of
clause 4 ...
31
July
1856 and
began considered the proposed Ordinance
to submit the observations
of
the
that occurs
which have occurred to us
over
to provisions.
this Ordinance, and in particular
of the last part of it, providing
of interlocutory proceedings
shall in all cases be forthwith paid, and shall in no
case be made to abide the event
wherein such
taken.
the cause
proceedings shall have been
that the provision
Whether assuming
giving
... the ... in
certain proceedings is substantially
of clause 12
ought
out not in justice to be a
... right
accompanied.
by the provision that costs shall also be
recoverable from the Crown??
Mr. Merivale was also pleased to
request that we would inform you of any
other reasons
for
the holding
of
As to the second Rule:
It is a principle
of the Law of England that Attorneys and Solicitors shall be paid for their services in any
Cause according
to a certain
the
definite and
fixed scale; but by the latter part of this proposed second Rule, Registrar is to be empowered to reduce, or refuse altogether the prescribed Fees and Payments
to be made to the Attorney upon
grounds as he shall deem sufficient
... the power of any ... Officer,
beyond
of
... or even Court in this Country, and
would make
which
to us for ...-veto
from Majesty's sanction.
to res
of
the Attorney
Her Majesty's
this Ordinance, or for regulating
to be made.
amendment
In obedience thereto we have
be the whole
Attorney
Registrar-
the remuneration
dependent on the will
of
He
We do not think it convenient
that a different rule should be established
in the Colony from that which exists on