1212

Indorsement

to be made

on judgment requiring act

to be done within

limited time.

O. 41 r. 5.

*

Effect and enforcement

of order of

the Court.

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

same rules as if such sum had been claimed by the defendant in a separate action against the plaintiff.

357. Every judgment made in any cause or matter requiring any person to do an act thereby ordered shall state the time, or the time after service of the judgment, within which the act is to be done, and on the copy of the judgment which is served on the person required to obey the same there shall be indorsed a memorandum in the words or to the effect following

'If you, the within-named C.D., neglect to obey this judgment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment.'

11

Order of the Court.

358. 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 by and against all persons affected or bound thereby, H. K. Code, subject to the same rules and in the same manner as a judgment to the same effect.

O. 42 r. 24.

s. 80.

General

power of the Court as to costs. [ib. s. 94 (1).] O. 65 r. 1.

CHAPTER XV.

COSTS.

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.

* As amended by No. 43 of 1912 Supp. Sched.

Share This Page