CO129-532-7 Anti-piracy guards- China Navigation Company v. H.M. Attorney General 19-1-1931 - 20-4-1932 — Page 35

35

MR. PAUL: My Lords, on the question of costs would your Lord-

ships think it right to give any special direction as to the costs of the evidence which was furnished by the Crown for the first time in this Court. In the Court below the Crown called no evidence, but in the course of his argument in this Court the Attorney-General began stating facts, and your Lordships thereupon suggested to him that it was desirable he should furnish evidence in support of his argument, and as a result of that the memoranda were sup- plied to the Court. I would submit that it is rather hard on the unsuccessful Appellants here that they should have to pay the costs of preparing those memoranda, because if they had been furnished, as they perfectly well might have been, before Mr. Justice Rowlatt, it may be that the re would have been no appeal to this Court. I do not know whether your Lordships would entertain that application?

LORD JUSTICE SCRUTTON: No, I think the costs properly attribut-

able to these memoranda must be costs in the appeal, and you must pay them.

24.