110
down by a new scale, not recover, if successful, by any means
the same proportion of his Counsel's fees as be now recovers: if
he is unsuccessful, he will be saved some portion of the costs
which he would now have to pay to the successful respondent for Counsel's fees.
Eut I fear that if a lower scale of fees is
introduced for criminal appeals, Solicitors and Earristers will
consider it to be a waste of time to conduct such appeals. In
which case, the lest state of affairs would be worse than the
first.
4. But if the other Court of Appeal were
established with simple rules of procedure, I think that appeals
would be cheaper, and injustice de mors often righted because
there would be more appeals.
As regards 'D' I do not concur in thinking
that the fees are either high or should be abolished.
1st. December, 1905.
(Sd.) D. Sercombe Smith.