duced to me
I have no authority produced to incur any costs herein. He then withdrew and I proceeded with the taxation and Francis being present taxed and allowed Fourteen hundred and twenty six dollars and thirty-five cents.
(Signed) F.S. Huffam,
Receiving Registrar.
(True Copy) (Signed) Jno. J. Francis
Solicitor, Hong Kong.
(Duly Copy)
Sent to Austin
Colonial Secretary.
C.S.O. No. 1736.
Minute
I conceive that there can be no question if final judgment has been given by the Supreme Court against the Crown for the payment of Costs, that the Government does comply with it subject to appeal.
In this case however, I think it would be but fair to the Chief Justice to enquire whether that is the case.
It is perfectly true that it was part of the judgment in Reg. v. Dunn that the Crown should pay the Cost, but I was in Court at the time and protested against that part of the judgment on the ground that the payment of Costs in Criminal cases was confined to Cases of private prosecutions for Libel and was not in the discretion of the Court but regulated by Lord Campbell's Act 6 & 7 Vic. c. 96.