CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 412

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

409

"H

at present concerned with.

Mr. Pauncefate's explanation convinces me that many statements of the Chief Justice are irreconcilable with admitted facts, at least one seems clear enough, viz. that his decisions relative to costs are subject to the Law, which is not obscure, are diametrically opposed to one another in the two cases Reg. v. Saint & Souza.

15. Altogether, whilst most anxious to follow out some plain principle, it does seem to me that a very simple question has been knotted into the most tangled confusion. Therefore, in this case, especially as to costs, which are under appeal, I did not feel warranted in paying costs to a party from whom, if the case were to be decided in favor of the Government, there would be little chance of ever getting them back.

The enclosed letter, No. 5, was therefore written to Mr. Brown, Solicitor to Mr. Faints' Solicitor, and there the matter rests at present. I must at the same time remind Your Lordship of another very important point, which I never lost sight of during the negotiations, that the Macão Government has consented to pay all costs, and the Portuguese Consul here is prepared to do so, in regard to...

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409 "H at present concerned with. Mr. Pauncefate's explanation convinces me that many statements of the Chief Justice are irreconcilable with admitted facts, at least one seems clear enough, viz. that his decisions relative to costs are subject to the Law, which is not obscure, are diametrically opposed to one another in the two cases Reg. v. Saint & Souza. 15. Altogether, whilst most anxious to follow out some plain principle, it does seem to me that a very simple question has been knotted into the most tangled confusion. Therefore, in this case, especially as to costs, which are under appeal, I did not feel warranted in paying costs to a party from whom, if the case were to be decided in favor of the Government, there would be little chance of ever getting them back. The enclosed letter, No. 5, was therefore written to Mr. Brown, Solicitor to Mr. Faints' Solicitor, and there the matter rests at present. I must at the same time remind Your Lordship of another very important point, which I never lost sight of during the negotiations, that the Macão Government has consented to pay all costs, and the Portuguese Consul here is prepared to do so, in regard to...
Baseline (Original)
} 409 aw "H at Iresent concerned with. Mr. Pauncefate's explanation conmvices me that many statements of the bhief Justice irreconcilable with admitted feeco., thing at least are One seems clear enough viz that his decisions relative to costs a bulipect to om which there regard the Law is mo reason obscure are another diametrically apposed to one the two cases Reg & Saint & they Souza. + a 15. Altogether whilst most anxious to follow out some plain principle it does seem to me that C · very simple question has been Knotted into the mest tangled confusion. Therefore case, especially "the whole" as to casto مت is under spreal. I did not feel arranted in paying costs to a appeal party from whom, if the to be decided in favor of this were Government there would be little chance of ever getting them back. The Encloome No5 enclosed letter. was therefore written the brown Solicitor to Mr faints Solicitor and there the matter rests at present, le I must at the same time remind Your Lordship of another that as the Macão OP very important point which I never best sight of ring th Government has consented to pay all casto and the Portuguese bonaut, here is prepared to to so, Iregard the
2026-05-20 06:02:43 · Baseline
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}

409

aw

"H

at Iresent concerned with.

Mr. Pauncefate's explanation

conmvices me

that many

statements of the bhief Justice

irreconcilable with admitted feeco., thing at least

are

One

seems clear enough viz

that his decisions relative to costs a

bulipect

to

om

which there regard the Law

is

mo reason

obscure

are

another

diametrically apposed to one

the two cases Reg & Saint & they

Souza.

+ a

15. Altogether whilst most anxious

to follow out some plain principle

it does seem to

me

that

C

· very simple

question has been Knotted into the

mest tangled confusion. Therefore case, especially

"the whole"

as to casto

مت

is under spreal. I did not feel

arranted in

paying

costs to a

appeal

party from whom, if the to be decided in favor of this

were

Government there would be little chance

of ever getting them back. The

Encloome No5 enclosed letter.

was

therefore written

the brown Solicitor to Mr faints

Solicitor and there the matter rests at present,

le I must at the same time remind Your Lordship of another

that as the Macão

OP

very important point which I never best sight of ring th Government has consented to pay all casto and the Portuguese bonaut, here is prepared to to so, Iregard the

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