CO129-312 - Acting Governor Major Gen Sir Gascoigne Governor Sir Blake - 1902 [7-9] — Page 519

166 ter

bees 12 e

So we eat F

!

€!

#

Jag m

516

are taxed and allowed to the Attorney-General as Counsel for the Crown they are not so taxed, and allowed because he fills the office of Attorney-General; but because he happens to be the Counsel representing the successful party.

It is further submitted that if the Attorney-Gineral appears as Counsel for the Crown and fees. are allowed to him by the Court in his capacity of Counsel for the successful party, he should be allowed to retain the fee for. bis own use; for. they are not paid by the other side as "fees of office" and it is only such that come properly within the official meaning of the words "fees to the Attorney-General".

In accepting a stated salary in lieu of "fees" only such fees are meant as are properly speaking "fees of office" fees that can only be taken by the bolder of the office of Attorney-General.:

Counsel's fees are not in any sense

"fees of office" and when payable to the Attorney-General are payable to bin not ex-officio; but to him as they would be to any one else appearing as Counsel for the Crown.

On his appointment the Attorney-General

is restricted (1) from receiving fees that is to say such fees

as are paid to him virtute officii, and

(3) he is restricted from"engaging in private practice"; but beyond that the restriction does not extend.

I have, I respectfully submit, shown

(1) that the fees paid to Counsel are not in any

sense "official fees"; and

(2) it is of course clear that when appearing for. the Orown the Attorney-3neral is not engaging in private practice.

reason

There is therefore, it is submitted, no

(1) why Counsel's fees should not be taxed against the unsuccessful party in cases where the Attorney-General ap- pears for the Orown

(23) why these fees should not. when received be paid to the Attorney-General.:

For these reasons and for those stated in my former Minute I venture to ask His Excellency the Governor to move the Secretary of State to reconsider the decision arrived at in 1980% to withdraw the direction then given; and to permit

the