1956-HKRS30-8-46_Part08 — Page 40

Security for wife's COSIA.

Taxation.

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(10) Where any cause to which these rules apply is com- menced against a person who is a mental defective within the meaning of the Mental Deficiency Acts, 1913 to 1938, or where a petition is filed for nullity of marriage on the ground that the respondent was at the time of the marriage of unsound mind or a mental defective, or subject to recurrent fits of insanity or epilepsy, the applicant or petitioner shall not proceed with the cause without leave, whether an appearance is entered or not, and the registrar may, if he considers that the respondent is not properly represented or ought to be represented, order that some proper person be assigned guardian of the respondent by whom be may appear and defend the cause.

61. (1) After the registrar's certificate under rule 30 has been granted, ur, with leave, at an earlier stage of the cause, a wife who is a petitioner or who has filed an answer may apply for security for her costs of the cause up to the hearing, and of and incidental to the hearing.

(2) At the hearing of an application for a commission or for letters of request or for the appointment of a special examiner to examine a party or witness who is outside the jurisdiction of the court, or at any time after such an examination is granted, a wife who is a petitioner or who has entered an appearance to a petition may apply for security for her costs of and incidental to the examination.

(3) Where an application for security has been made under this rule, the registrar shall ascertain what is a sufficient sum of money to cover the costs of the wife, and if, after taking all the circumstances into account, including the means of the husband and the wife, he considers that the husband should provide security for all or some of the wife's costs, he may order the husband to pay the sum so ascertained, or some portion of it, into court or to give security therefor within such time as he may fix, and may direct a stay of the proceedings until the order is complied with.

(4) The bond taken to secure the costs of a wife under this rule shall be given to the registrar and shall be filed and shall not be delivered out or sued upon without leave of the registrar.

62. (1) Every bill of costs shall be referred to the registrar for taxation. The bill shall be Gled and notice of the time appointed for taxation shall be given to the party filing the bill

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who shall give the other parties to be heard on the taxation at least three clear days notice of the appointment, and shall at The same time, if he has not already done so, deliver to them a copy of the bill to be taxed.

(2) If any party to be heard on the taxation does not attend within a reasonable time after the time appointed, the registrar may proceed to tax the bill upon being satisfied hy affidavit or otherwise that such party had due notice of the time appointed.

(3) In any cause or matter to which these rules apply the costs allowed to solicitors and the taxation of such costs shall, except where these rules otherwise provide, he in accordance with the provisions of Order XVI of the Code of Civil Procedure so far as the same are applicable.

(4) The fees payable on taxation shall be paid by the party on whose application the bill is taxed and shall be allowed us part of the bill.

63. (4) Upon the registrar's certificate as to costs being Payment of costa. signed, an order of the court may issue for payment of the amount allowed within seven days after service of the order or such other time as the registrar may direct.

(2) An order for payment of costs contained in a decrec nisi, if drawn up before the decree is made absolute, shali direct pay- ment into court, and, unless otherwise directed, such costs shall not be paid out of court until the decree has been made absolute, but a wife who is unsuccessful in a cause and who at the trial has obtained an order for costs may proceed forthwith to obtain payment of the amount allowed on taxation.

of money

64. A person entitled to payment of money out of court shall, Payment on applying for payment, lodge in the registry in which the cause out of is proceeding a form in writing setting out the date on which the court. money applied for was paid into court, the amount applied for, and the name and address of the person to receive it.

65. (1) Shorthand notes shall be taken of the proceedings at Shorthand the trial of any matrimonial cause in any case in which the judge notes, thinks fit so to order.