SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 455
Power of Court as to Time.
XCII. Nothing in this Code shall affect the Power of the Enlargement Court to enlarge or abridge the Time appointed or allowed for or Abridg- the doing of any Act, or the taking of any Proceeding on such ment. Terms as Justice requires.
previously al-
2. Where the Court is by this Code or otherwise authorised May be granted to appoint the Time for the doing of any Act, or the taking of after Expira- any Proceedings, or to enlarge the Time appointed or allowed tion of Time for that Purpose by this Code, or otherwise, the Court may lowed. further enlarge any Time so appointed or enlarged by it on such Terms as seem just, whether the Application for further En- largement be made before or after the Expiration of the Time already allowed: Provided that no such further Enlargement shall be made unless it appears to the Court to be required for the Purposes of Justice, and not sought merely for Delay.
Computation of Time.
XCIII. Where by this Code, or any special Order, or the How to be Course of the Court, any limited Time from or after any Date or made. Event is appointed or allowed for the doing of any Act or the taking of any Proceeding, and such Time is not limited by Hours, the Computation of such limited Time shall not include the Day of such Date or of the Happening of such Event, but shall commence at the Beginning of the next following Day, and the Act or Proceeding must be done or taken at latest on the last Day of such limited Time, according to such Computation.
2. Where the limited Time so appointed or allowed is less Sundays and than Six Days, the following Days shall not be reckoned in the Holidays. Computation of such Time; namely:-Sunday, Good Friday, Monday and Tuesday in Easter. Week, Christmas Day and the Day next before and the Day next after Christmas Day, and any Public Holiday or Day set apart as a Fast or Thanksgiving Day.
3. Where the Time for the doing of any Act or the taking of Time expiring any Proceeding expires on one of the Days last mentioned, the on a Sunday or Act or Proceeding shall be considered as done or taken in due Holiday. Time if done or taken on the next Day afterwards that is not
one of the last-mentioned Days.
4. The Day on which an Order that a Plaintiff do give Time in Case Security for Costs is served, and the Time thenceforward until of Security for and including the Day on which such Security is given, shall Costs by Plain- be reckoned in the Computation of the Time allowed to a De- tiff. fendant for putting in his Answer.
5. The Period of Vacation of the Supreme Court shall not Period of Va- be included in the Computation of Time except by Leave of the cation not to Court.
Power of Court as to Costs.
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XCIV. The Costs of the whole Suit and of each particular Discretion of Proceeding therein, and of every Proceeding before the Court Court. sball be in the Discretion of the Court; and the Court shall have full Power to award and apportion Costs in any Manner it may deem proper.
Costs.
2. Under the Denomination of Costs are included the Whole What shall be of the Expenses necessarily incurred by either Party on account included in of the Suit, and in enforcing the Decree made therein, erch as the Expense of summoning the Parties and Witnesses, and of other Process, or of procuring Copies of Documents, Law Costs, Costs of Special Juries, Charges of Witnesses, and Expenses of Commissioners either in taking Evidence or in investigating Accounts.
3. The Court may, if in any Case it deems fit, require any General Party to any Suit or Proceeding, either at the Commencement or Powers of at any Time during the Progress thereof, to give Security for
Court as to Cests to the Satisfaction of the Court by Deposit or otherwise; Costs.
Security for 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 Power of Court residing out of the Jurisdiction, and it shall be made to appear to stay Pro- on Oath or Affidavit to the Satisfaction of the Court, that the ceedings until Defendant has a bona fide Claim against snch Plaintiff which entered.
Appearance 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 thin absent Plaintiff until he shall have entered an Appearance to any Cross-action instituted by the Defendant against the absent Plaintiff in respect of such Clain, upou sach Terms as Justice requires.