CO129-333 - Governor Nathan - 1906 [1-4] — Page 112

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down by a new scale, not recover, if successful, by any means

the same proportion of his Counsel's fees as be now recovers: if

he is unsuccessful, he will be saved some portion of the costs

which he would now have to pay to the successful respondent for Counsel's fees.

Eut I fear that if a lower scale of fees is

introduced for criminal appeals, Solicitors and Earristers will

consider it to be a waste of time to conduct such appeals. In

which case, the lest state of affairs would be worse than the

first.

4. But if the other Court of Appeal were

established with simple rules of procedure, I think that appeals

would be cheaper, and injustice de mors often righted because

there would be more appeals.

As regards 'D' I do not concur in thinking

that the fees are either high or should be abolished.

1st. December, 1905.

(Sd.) D. Sercombe Smith.