CO129-366 - Governor Sir Lugard Acting Governor May - 1910 [4-5] — Page 595

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was a criminal proceeding and that in such a proceeding no

costs could be awarded against the CrownZ.

Application was then made to the

Acting Chief Justice to fix a time for argument of the

appeal as to costs from the decision of the Chief Justice

in the firat Habeas Corpus case, when the Acting Chief

Justice intimated that as he had been Attorney General at

the time Sun A Wan had been prosecuted he could not fix a

This the respondent

day unless the respondent consented.

has refused to do.

5.

A very inconvenient situation has

thus been created. On this question of costs there are two

contradictory judgments of the Full Court on record,

and

the Crown has at present no means of bringing on an appeal

from an adverse decision.

Nor will the position of the

Crown be improved in the near future for on the return of

Sir F. Piggott the Full Court will be composed of Sir F.

Piggott and Mr. Hazeland who is now acting for Mr.

Gompertz as Pulene Judge.

Mr. Hazeland as Acting Attorney

advised the Government to appeal against Sir F. Piggott's

judgment in the case referred to.

He would, therefore,

be