409
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at present concerned with.
Mr. Pauncefate's explanation convinces me that many statements of the Chief Justice are irreconcilable with admitted facts, at least one seems clear enough, viz. that his decisions relative to costs are subject to the Law, which is not obscure, are diametrically opposed to one another in the two cases Reg. v. Saint & Souza.
15. Altogether, whilst most anxious to follow out some plain principle, it does seem to me that a very simple question has been knotted into the most tangled confusion. Therefore, in this case, especially as to costs, which are under appeal, I did not feel warranted in paying costs to a party from whom, if the case were to be decided in favor of the Government, there would be little chance of ever getting them back.
The enclosed letter, No. 5, was therefore written to Mr. Brown, Solicitor to Mr. Faints' Solicitor, and there the matter rests at present. I must at the same time remind Your Lordship of another very important point, which I never lost sight of during the negotiations, that the Macão Government has consented to pay all costs, and the Portuguese Consul here is prepared to do so, in regard to...