Fourthly
Because it is highly inexpedient and unreasonable that Solicitors' charges should be pressed at too low a rate to render necessary section 5, making lawful and encouraging Clients to bargain with their Solicitors to pay more than they could recover otherwise.
Because a uniform scale of costs is found impracticable in England; and it is an unconstitutional interference with the discretion of the Chief Justice to deprive him of the power of directing that the costs of interlocutory proceedings should abide the event of the Cause, and to compel taxation and payment of Costs on every such application, many of which would necessarily be made comparatively unimportant.
Sixthly
Because it is indecorous and unseemly that a Solicitor should be authorized, by section 1, to run about with insufficient fees in his hand to threaten the Bar, under his own Counsel, if they will not take a fee offered.
Seventhly Because the Crown is enabled to receive Costs under section 12 and is not compelled to pay them, such permission is likely to be abused in this Colony, where the power of the Crown is strained to its almost limits, and possibly beyond them.
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