AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
719
time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment.
Order of the Court.
enforcement of order of
858. Every order of the Court in any cause or matter shall have the same force and effect as a judgment of the Court, and may be enforced against all persons affected or bound thereby, subject to the same rules and in the same manner as a judgment to the same effect.
CHAPTER XV.
Costs.
the Court.
0.42 r. 24. H. K. Code,
s. 80.
power of the
Court as to costs.
16. s. 94 (1)
0. 65 r. l.
359. The costs of every action, and of each particular proceeding therein, and of every proceeding before the Court, including the administration of an estate or trust, shall 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: Provided that nothing herein contained shall deprive any executor, administrator, trustee, or mortgagee who has not unreasonably instituted, or carried on, or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules acted upon in the equity jurisdiction of the Court previously to the commencement of the Hongkong Code of Civil Procedure: Provided, also, that where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the Court for good cause otherwise orders.
360. Where issues in fact and in law are raised upon a claim or counterclaim, the costs of the several issues respectively, both in fact and in law, shall, unless the Court otherwise orders, follow the event.
361. Under the denomination of costs are included the whole of the expenses reasonably incurred by either party on account of the action or proceeding, and in enforcing the judgment or order made therein, such as the expense of summoning the parties and witnesses and of other process and of procuring copies of documents, fees and costs of counsel and solicitor, fees and costs of special juries, charges of witnesses, and expenses of commissioners, either in taking evidence or in investigating accounts.
362-(1.) So far as the scale of Court fees and fees and costs of counsel and solicitor for the time being in use in the Court may be incomplete, all questions relating to the amount and reasonableness of such fees and costs shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the said scale, having regard to the skill, labour, and
48
Costs of issues in fact and in law Ib. r. 2.
Definition of costs. H. K. Code s. 94 (2.).
Taxation of costs in matters not provided for. Ib. s. 94 (3.)