CODE OF CIVIL PROCEDURE-HONGKONG.
153
5.--The period of vacation of the Supreme Court shall not be included Period of in the computation of time except by leave of the Court.
Power of Court as to Costs.
Vacation not to count,
XCIV. The costs of the whole suit and of each particular proceeding Discretion of therein, and of every proceeding before the Court, shall be in the discretion Cout. 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 of the what shali be expenses necessarily incurred by either party on account of the suit, and included in in enforcing the decree made therein, such 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.
Court Fees and
of
new Scale.
3. Until a new scale of Court fees and fees and costs of counsel and Amount of attorney shall have been provided for use under this Ordinance by any of Fees and general rule or order of the Supreme Court, or otherwise, and so far as any Cost-land such new scale may be incomplete, all questions relating to the amount of Attorney pend- such fees and costs shall be referred to the Registrar, who is hereby in Issue of empowered to determime 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 allowed 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.
Security for
4.-The Court may, if in any case it deems fit, require any party to General Powers any suit or proceeding, either at the commencement or at any time during of Court as to. the progress thereof, to give security for costs to the satisfaction of the Costs. Court by deposit or otherwise; and in the case of a plaintiff, may stay proceedings until such security be given.
to stay Pro-
entered.
Cross-Action against absent Plaintiffs. XCV.-Whenever a suit shall be instituted by a plaintiff residing out Power of Court of the jurisdiction, and it shall be made to appear on oath or affidavit to ceedings until the satisfaction of the Court that the defendant has a bona fide claim Appearance 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 he shall have entered an appearance to any cross-action instituted by the defendant against the abзent plaintiff in respect of such claim, upon such terms as justice requires.
Seal of Court.
Return of Documents.
XCVI.-Every writ, summons, warrant, decree, rule, order, notice Sealing and 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 Notices.
XCVII.—In all cases in which the publication of any notice is required, In Government the same may be made by advertisement in the Gazette, unless otherwise Gazette, 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 Application of Code, by any general rule or order of Court, and so far as the same may present Forms. be incomplete, all forms at present in use in the Supreme Court, with sui 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.