CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 526

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Sir,

Jonclosure 5.

-543-

Supreme Court, Hongkong/

10th.August, 1912.

RG 19 JAN 12

I have the hoĝour to bring to Your Excellency's

notice the heavy expenses attending the recovery of small

debts in this Colony.

I had before me lately a case No.846/11 where the

claim was for $21.00. The defendant went to a Solicitor,

and filed a counterclaim for $15.20. The plaintiff even-

tually succeeded on the claim and counterclaim and his

costs have now been taxed at $75.90 which the defendant

will have to pay.

The defendant will further have to pay his own

solicitor an amount which the taxing Registrar estimates

at $50 not less than $50.

I attach a table of cases tried in the Summary

Jurisdiction in the first half of 1911. It will be seen

that the percentage of claim under $200 in value, amounts to 71%. In no less than 69% of these petty claims were

dolicitors instructed by one or both of the parties. Again,

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of these petty claims 78% were for amounts of $100 and under. That is to say, it very frequently happens that the

losing party has to pay in costs a sum appreciably larger

than the subject matter of the litigation.

the

It is not fair to blame the legal profession for

these figures. Whether the claim be large or small, same responsibility to advise correctly rests upon the Solicitor called in, and he is entitled to be properly remunerated. Very frequently the most trifling case may owing to the simplicity or ignorance of the client offer considerable difficulties to a solicitor unacquainted with

His Excellency

Sir Frederick Lugard,

E.C.M.G., C.B.,

D.S.O.

&C.

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&C.