CO129-333 - Governor Nathan - 1906 [1-4] — Page 110

B.

108

appealing if the Magistrates exercise wisely the discretion

which they possess as to the amount to be fixed for security to

be found by an Appellant to prosecute the appeal and abide by

the result, and, I may add, if the Taxing Master in the Supreme

Court exercises a like discretion in taxing Bills of Costs.

With respect to the latter the Chief Justice, there can be no

doubt, would were his honour attention called to the necessity

frame under the powers possessed by him under Section 32 of the

Supreme Court Ürdinance, 1878, a suitable scale of fees of

Court, and of Counsel and Solicitors to be taken in matters of

appeals from Magistrates.

Having regard to the fact mentioned by Mr.

Stephens that the Magistrates in this Colony exercise & juris-

? which -diction while elsewhere is usually confined to a Judge and a

Jury I agree that all proper facilities should be given for

appealing and that the expense thereof should be made as small

as possible. That result would be achieved if Magistrates fixed

reasonable sum as security, if a low scale of fees should be

established by his Honour the Chief Justice, and if, as i think

might be done, suo-section (3) of Section 108 of the Magistrates

Ordinance, 1890, under which somewhat high fees (having regard

to the class usually affected) are payable before an appeal can

be made, were repealed. In other Colonies with which I have

been connected an appellant from a Magistrate's decision was not

called upon to do more than find reasonable security to

prosecute his appeal and pay any costs awarded against him.

(Sa.) H. S. Berkeley,

Attorney-General.

28th. November, 1805.