High Court of Australia
H. C. or A. 1904,
Novan
H. ©. or A. 1904. Mrxnovrse,
August 10, 11, 16.
Griffith, C.J.
InCuamerns.
HIGH COURT [1904.
whom he with reasonable cause suspects of having committed "any such crime," that is, a felony. That interpretation is in accordance with the previous law and in accordance with the common law, and it appears to me to be the interpretation which we are forced to adopt in reading this Statute. That being so, I agree with their Honors in the judgment already delivered, that astained.
the appeal cannot be s
Appeal dismissed with costs.
Solicitors, for appellant, Crown Solicitor for New South Wales. Solicitors, for respondent, Wilkinson & Osborne.
[HIGH COURT OF AUSTRALIA.j
CHANTER é 5 - é % PETITIONER ;
AND
BLACKWOOD " 6 . F . RESPONDENT (NO. 3).
Costs—Taxation—Bxpenses of party attending trial—Party not a witness—Election petition—Costs of party up to particular day—Reduction of fees on counsel' brief.
On taxation of costs, the expenses of a party who may reasonably be expected
to be required as a witness, may be allowed although no subpona to him was issued.
On an election petition a party claiming or defending the seat is primd facie a probable witness.
Where the respondent had been ordered to pay a part of the petitioner's taxed costs, the fee paid to petitioner's counsel in respect of the whole petition may, on taxation, be allowed in full, if the amount is a fair and reasonable fee in respect of the matter on which the petitioner succeeds.
Summons to review taxation.
By the Riverina Election Petition (reported ante, p. 121), the petitioner, Chanter, sought a declaration that the respondent, Blackwood, was not duly elected, and that he, the petitioner, was
1C.L.R.] OF AUSTRALIA.
duly elected. The hearing took place on 10th, 11th and 12th March, and 11th, 12th, and 13th April, 1904. The Court by - its order declared that the respondent was not duly elected, and that the election was absolutely void, and ordered "that the respondent do pay to the petitioner his costs of and occasioned by the said petition so far as the same relate to the claim of the said petitioner that he received a majority of votes and ought to have been returned at the said election, up to and inclusive of Monday the eleventh day of April, such costs to be taxed by the Deputy Registrar of the High Court." In the petitioner's bill of costs were the following items (inter 4 alia) — ; (1) Fee paid to counsel on his brief ... £31 0 0 (2) Further fee paid to counsel ... a 1010 0 (3) Petitioner's expenses of attending the High Court on the trial of the petition, and at the re-count ordered by the
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