Amount of
of Fees and
Costs of Counsel and
Attorney pend-
ing Issue of new Scale.
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CODE OF CIVIL PROCEDURE-HONGKONG
documents, law costs, costs of special juries, charges of witnesses, and ex- penses of commissioners either in taking evidence or in investigating accounts. 3.-Until a new scale of Court fees and fees and costs of counsel and Court Fees and attorney shall have been provided for use under this Ordinance by any general rule or order of the Supreme Court or otherwise, and so far as any such new scale may be incomplete, all questions relating to the amount of such fees and co-ts shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the existing scale, having regard to the skill, labour, and responsibility involved, subject nevertheless to a review of such determina- tion on summary application to the Court in chambers; and the payment of the costs a'lowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any such general rule or order.
General Powers
of Court as to Security for Costs.
Power of Court to stay Pro-
ocedings until entered.
Sealing and Return of Documents.
In Government Gazette.
Application of
4.-The Court may, if in any case it deems fit, require any party to any suit or proceeding, either at the commencement or at any time during the progress thereof, to give security for co-ts to the satisfaction of the Court by deposit or otherwise; and in the case of a plaintiff, may stay proceedings until such security be given.
Cross Action against absent Plaintiffs.
XCV.-Whenever a suit shall be instituted by a plaintiff residing out of the jurisdiction, and it shall be made to appear on oath or affidav t to the satisfaction of the Court that the defendant has a bona fide c'aim against such plaintiff which can be conveniently tried by the Supreme Court, it shall be lawful for the Court in its discretion to stay proceedings in the suit so instituted by the absent plaintiff until ne shall have entered an appearance to any cross-action instituted by the defendant against the absent plaintiff in respect of such claim, upon such terms as justice requires.
Seal of Court.
XCVI.-Every writ, summons, warrant, decree, rule, order, notice and other document issuing from the Court shall be sealed with the seal of the Court, and be returned for the purpose of being filed in Court.
Publication of Notice.
XCVII-In all cases in which the publication of any notice is re- quired, the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by this Code, or otherwise ordered by the Court.
Forms.
XCVIII.-Until special forms shall be prescribed for use under this present Forms. Code, by any general rule or order of Court, and so far as the same may be incomplete, all forms at present in use in the Supreme Court, with such variations and additions as may be required to be made therein, may be used for the purpose of carrying out the provisions of this Code and shall, as regards the form thereof, be valid and sufficient.
By Resolation of Council.
Proclamation.
Amendment of Code.
XCIX.-Any amendment in the provisions of this Ordinance, whether by way of repeal, variation, substitution, or addition, may, if deemed expedient, be made by a resolution of the Legislative Council, to be published in the Gazette; and every amendinent so made and pub ish-d shall have the same force and effect for all purposes as if the sam had been made by Ordinance, and shall in like manner come into immediate operation, subject to disallowance by Her Majesty.
Commencement of Ordinance.
C.-This Ordinance shall commence and take effect on such day a shall hereafter be fixed by proclamation under the hand of the Governor.