CO129-312 - Acting Governor Major Gen Sir Gascoigne Governor Sir Blake - 1902 [7-9] — Page 517

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O O P Y..

514

Honourable Colonial Secretary,

CO.

45807

9.5 NOV 03

In the case Knight v. Moses recently before the Full Court on appeal from the Magistrate's Court I appeared instructed by the Crown Solicitor to support the Magistrate's decision;, and was successful in so doing. The Appeal was dismissed with costs against the Appellant. The Crown Solicitor's Bill of Costs as taxed against the Appellant contains inter alia the following itens:-

Attending Attorney-General in conference handing him his papers. Paid his fee.

$

Attending before Full Court when Motion for re-hearing was refused with costs. Paid Attorney-General brief fee..

$

The fees stated to have been paid to me have not been so paid.

I submit that whenever I am instructed

by the Crown Solicitor and appear at Bar before the Supreme Court I am entitled to receive whatever amount may be allowed as professional fees to Counsel on the taxation of the Orown Solicitor's Bill of Costs against the opposite party.

Counsel's fee for appearance before the Court is a purely personal fee. It is awarded for personal exertions before the Court.

When I held the appointment of Attorney- General at Fiji I was as I am here restricted from private practice; but I received Counsels fees awarded against the opposite party in any case in which I appeared on behalf of the Crown.

On my appointment as Attorney-General of Hongkong I was restricted from "private practice" only. When I appear as Counsel on behalf of the Crown I am not engaging in private practice. There is therefore no restriction to deprive me of the usual Counsel's fees when awarded by the Court against the opposite party.

Unless such fees are paid to me they can- not properly be included in the Bill of Costs against the opposite party; and I submit there is no adequate reason why an unsuccessful party to a suit in which the Crown appears by the Attorney-General should on that account escape payment of a portion of the costs ordinari -ly payable.

Por the reasons above stated I respect-

fully ask His Excellency to direct the Crown Solicitor to pay me such fees as may from time to time on taxation of costs be allowed by the Taxing Master to the Attorney-General as Counsel's fees.

(Sa.) Henry S. Berkeley,

Attorney-General.

18.9.03.

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