CODE OF CIVIL PROCEDURE-HONGKONG.

Computation of Time.

173

XCIII.--Where by this Code, or any special order or the course of the Court, any limit d time from or after any date or event is appointed or allowed for the doing of any art 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 bappening of such event, but shall comme ce 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 than six days, the following days shall not be reckoned in the computation of such time; namely : Sunday, Good Friday, Monday and Tuesday in Easter Week, Christmas Day, and the day next before and 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 any proceeding expires ou one of the days last-men'ioned, the act or procceding shall be considered as done or taken in due time if done or taken on the next day afterwards, that is, not one of the last-menti ned days.

1

4. The day on which an order that a plaintiff lo give security for costs is serve? and the time thenceforward until and including the day on which s ch security is given, shall be reckoned in the computation of the time allowed to a defendant jor putting in his auswer.

5.- he p riod of vacation of the Supreme Court shall not be includ-1 in the computation of time except by leave of the Court.

Power of Court as to Costs.

XCIV. The costs of the whole suit and of each particular proceeding therein, and of every procce ling before the Court, shall be in the discretion of the Court; and the Court shall have fall power to award and apportion costs in any manner it may

deem proper.

2-Under the dn mina Ton of costs are include the whole of the expenses necessarily incurred by either party on account of the suit, and in enforcing the decree made therein, such as the expense of summing the parties and witnesses, and of other process, or of procuring copies of documents, law costs, costs of special juries, charges of witnesses, ar 1 expe ses 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 attorney shill have been provided for use under t: is Ordinance by any general rule or or ler of the Supreme Curt, or otherwise, and so far as any such new scale may be incomplet, all questions relating to the amount of such fees and cos's shall be referred to the Ristrar, who is her by empow red to determine the same on taxation, either with or without r. ference to the existing sale, having regard to the skill, laborr, and responsibility involved, subject nevertheless to a review of such determination on summary application to the Court in chambers; and the payment of the costs all wed on such taxation or review may be enforced in the same manner as if the same Fad been fixed by any generd rule or order.

J

4.-The Court may, if 'n any case it deems fit, require any party to any suit or proceeling, either at the commencement or at any time during the progress thereof, to give security for costs to the satisfaction of the Court by deposit or otherwise: and in the case of a plai: tiff, 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 affi iavit to the satisfaction of the Court that the defendant has a bona fide claim against such laintiff 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 pla'n'iff until Le shall have entered an a parance to any cross-action instint d by the defer dant against the absent plaintiff in respect of such claim, upon such terms as justice requires.

Share This Page