CO129-029 - Bonham - 1849 [4-7] — Page 215

to the credit of Governments, which has been duly paid into the Colonial Treasury. –

By the Registrar's note at the foot of the taxed Bill your Lordship will observe that $115 were allowed as fees paid to the Acting Attorney General.

Several bills were passed by Mr. Parkin. Mr. Parker was acting under the orders of Campbell, and in paying him these costs was only acting in conformity with Mr. Campbell's directions; but I question if under the Instructions conveyed in Indostanley's Despatch. 1280 of the February 1845 to Sir John Davis, Mr. Campbell had authority to make this charge, inasmuch as the Prosecution being at the suit of the Crown, that Officer was only rendering such assistance as it was called upon to perform in his character of Attorney General...

I have no doubt that were Mr. Campbell on the spot, he would insist that this was not a suit instituted by the Crown against Captain Larkins, but by the Port Master, and that therefore he is entitled to his Fees; but I must remark that the case against Captain Larkins was instituted by an Information filed by the Attorney General, and the Judge must have considered it a case in which the Crown was prosecutor as the Treasury especially declined to allow Costs, whereas had the suit been entered by the Port Master, the Costs would I presume have followed the Judgment as a matter of common honour to be.

With the highest respect Your Lordship's,

Most Obedient Humble Servant,

Haythorne