i
590
was a criminal proceeding and that in such a proceeding no
costs could be awarded against the CrownZ.
Application was then made to the
Acting Chief Justice to fix a time for argument of the
appeal as to costs from the decision of the Chief Justice
in the firat Habeas Corpus case, when the Acting Chief
Justice intimated that as he had been Attorney General at
the time Sun A Wan had been prosecuted he could not fix a
This the respondent
day unless the respondent consented.
has refused to do.
5.
A very inconvenient situation has
thus been created. On this question of costs there are two
contradictory judgments of the Full Court on record,
and
the Crown has at present no means of bringing on an appeal
from an adverse decision.
Nor will the position of the
Crown be improved in the near future for on the return of
Sir F. Piggott the Full Court will be composed of Sir F.
Piggott and Mr. Hazeland who is now acting for Mr.
Gompertz as Pulene Judge.
Mr. Hazeland as Acting Attorney
advised the Government to appeal against Sir F. Piggott's
judgment in the case referred to.
He would, therefore,
be