417
403f1
·3f1854.
extended to this Colony by Ord. 403
time however intimated
The Chief Justice
his opinion that Section 3 of Ord: 404
of 1857 applied to Criminal as well as
to Civil Cases, but added that the
might be raised and
argued before
a future occasion.
on a
I think it is not unlikely that the Chief
Justice upon
Consideration
may have altered his views, as he had not the
advantage at the time of hearing the point argued, I find that his
judgment
(which was
in the case of Reg. v de Lonza
a private Prosecution as to Costs within Lord
Campbell's Act) Concludes with the
word, "There must be no Costs against
the Crown". This
conveys
either that the Chief Justice thought that
the Costs were in his discretion,
or
that in point of Law there can be no costs
against the Crown.
This is clear from
the above that the Liability of the Crown
to pay Costs in the suit
under the
judgment
is involved in great uncertainty.
very much count on
the judgment delivered in the case of Reg. V. Sirent
to making any applications
on the Subject; for the Chief Justice
becomes so excited, that it would probably
result in further Costs
against the Crown and in fresh food for Mr. Scrinit's newspaper. under the Circumstances, I think the Chief Justice might be informed by the Government of the application made by the Attorney
General, and asked whether it remains part of his judgment
that the Crown are to pay these Costs.
or not
(Signed) Julian Pauncefote
a8.
(Tome Conf.) Sardina Austin
Secretary.
Colonial Secretary.
30th June 1869
Page 420
Page 421
Y
417
403f1
·3f1854.
extended to this Colony by Ord. 403
time however intimated
The Chief prestiae
his opinion that Sestion 3 of Ord: 40 4
of 1857 applied to Criminal as well as
to Aril Ences, but added that the
might be raised and
argined before
questima
heur
future occasion.
on a
I think it is not unlikely that the Chief
have
Justice upon
Consideration
may altered his views, as he had not the
advantage at the time of hearing the I find that his
point argued, judgment
(which was
there fore
Canu
N
the case of Reg. r de Lonza
a
private Proscention aw
as to Cost within Lord
Campbell's Act) Concludes with the
word, "There must be no Corto
the Crown". This
Convey
against
the impression
either that the Chief protice thought that
the Corti mere in his discretion,
07
that
in point of Low there comes be no costs
This clear from
against
ainst the Crown
the above that the Liability of the Crown
to pay Cest in the swin
under the
dav
pudgment
great uncertainty.
dam
very
in count on
of Reg. V. Sirent
delivered is involved.
to making any applications
the Aubject; for the Chief Instien
becomes so excited, that it would probably
result in further Corti
against the Crown and in frech food for MW. Scrinit's rewspaper. under the Circumstances, I think the Chief Iustice might be informed by the Government of the application made by the attorney
Ir tant, and asked whether it remains part of his budgment Crown are to pay these Cesti.
of
not
that the
(Signed) Julian Pannapoli
a8.
(Tome Cofm.) Sardina Austin
Secretam
Colonial Secretary.
30the 30+ home 1869
Page 420Page 421
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