417
403f1
·3f1854.
extended to this Colony by Ord. 403
time however intimated
The Chief Justice
his opinion that Section 3 of Ord: 404
of 1857 applied to Criminal as well as
to Civil Cases, but added that the
might be raised and
argued before
a future occasion.
on a
I think it is not unlikely that the Chief
Justice upon
Consideration
may have altered his views, as he had not the
advantage at the time of hearing the point argued, I find that his
judgment
(which was
in the case of Reg. v de Lonza
a private Prosecution as to Costs within Lord
Campbell's Act) Concludes with the
word, "There must be no Costs against
the Crown". This
conveys
either that the Chief Justice thought that
the Costs were in his discretion,
or
that in point of Law there can be no costs
against the Crown.
This is clear from
the above that the Liability of the Crown
to pay Costs in the suit
under the
judgment
is involved in great uncertainty.
very much count on
the judgment delivered in the case of Reg. V. Sirent
to making any applications
on the Subject; for the Chief Justice
becomes so excited, that it would probably
result in further Costs
against the Crown and in fresh food for Mr. Scrinit's newspaper. under the Circumstances, I think the Chief Justice might be informed by the Government of the application made by the Attorney
General, and asked whether it remains part of his judgment
that the Crown are to pay these Costs.
or not
(Signed) Julian Pauncefote
a8.
(Tome Conf.) Sardina Austin
Secretary.
Colonial Secretary.
30th June 1869
Page 420
Page 421