CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 419

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

duced to me

I have no authority produced to incur any costs herein. He then withdrew and I proceeded with the taxation and Francis being present taxed and allowed Fourteen hundred and twenty six dollars and thirty-five cents.

(Signed) F.S. Huffam,
Receiving Registrar.

(True Copy) (Signed) Jno. J. Francis
Solicitor, Hong Kong.

(Duly Copy)
Sent to Austin
Colonial Secretary.

C.S.O. No. 1736.

Minute

I conceive that there can be no question if final judgment has been given by the Supreme Court against the Crown for the payment of Costs, that the Government does comply with it subject to appeal.

In this case however, I think it would be but fair to the Chief Justice to enquire whether that is the case.

It is perfectly true that it was part of the judgment in Reg. v. Dunn that the Crown should pay the Cost, but I was in Court at the time and protested against that part of the judgment on the ground that the payment of Costs in Criminal cases was confined to Cases of private prosecutions for Libel and was not in the discretion of the Court but regulated by Lord Campbell's Act 6 & 7 Vic. c. 96.

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duced to me I have no authority produced to incur any costs herein. He then withdrew and I proceeded with the taxation and Francis being present taxed and allowed Fourteen hundred and twenty six dollars and thirty-five cents. (Signed) F.S. Huffam, Receiving Registrar. (True Copy) (Signed) Jno. J. Francis Solicitor, Hong Kong. (Duly Copy) Sent to Austin Colonial Secretary. C.S.O. No. 1736. Minute I conceive that there can be no question if final judgment has been given by the Supreme Court against the Crown for the payment of Costs, that the Government does comply with it subject to appeal. In this case however, I think it would be but fair to the Chief Justice to enquire whether that is the case. It is perfectly true that it was part of the judgment in Reg. v. Dunn that the Crown should pay the Cost, but I was in Court at the time and protested against that part of the judgment on the ground that the payment of Costs in Criminal cases was confined to Cases of private prosecutions for Libel and was not in the discretion of the Court but regulated by Lord Campbell's Act 6 & 7 Vic. c. 96.

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-duced to me I have no authority produced. to tão any costs berein. He then withdrew and I proceeded with the tovation and Francis being present Faxed and allowed Fourteen hundred and twenty six dollars and thirty. five cents. (Signed) FS Huffam, Repenty Registron. (Truei Copy) (Signed) Jno. J. Francis Solisitor Hong Kong. (Dous Copy) Sentina Austin Colonial Saritary Capy C.§.0.Ne 1736. Pinion * I cone keew Conceive that there can be no 416 questin if final judgment has been given by the Aupreme Corral against the Growon for the payment of Costs, that the Government dines comply with it subject to appeal. In this case however, I think it world. be but fair to the Chief Justice to enguin whether that is the case. It is perfectly time that it was part of on the the progment in Reg. B. Damnt that the Crown should pay the Cost, but Iwas in Count at the time and protected againt that part of the pretzmant gronud that the payment of Costi in Aminal cases was confined to Cases of private prosecutions for Libel and was not in the discretion of the Court but regulated Lord Campbell's Act 6+7 Nie.c.96. by

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-duced to me

I have no authority produced. to tão any costs berein. He then withdrew and I proceeded with the tovation and Francis being present Faxed and allowed Fourteen hundred

and twenty six dollars and thirty. five cents.

(Signed) FS Huffam,

Repenty Registron.

(Truei Copy) (Signed) Jno. J. Francis

Solisitor Hong Kong.

(Dous Copy)

Sentina Austin

Colonial Saritary

Capy

C.§.0.Ne 1736.

Pinion

I cone

keew

Conceive that there can be no

416

questin

if final judgment has been given by the

Aupreme Corral

against the Growon for the

payment of Costs, that the Government dines

comply with it

subject to appeal.

In this case however, I think it world. be but fair to the Chief Justice to enguin whether that is the case.

It is perfectly time that it was part of

on the

the

progment in Reg. B. Damnt that the Crown should pay the Cost, but Iwas in Count at the time and protected againt that part of the pretzmant

gronud that the payment of Costi in Aminal cases was confined to Cases of private prosecutions for Libel and was not in the discretion of the Court but regulated Lord Campbell's Act 6+7 Nie.c.96.

CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 419

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