Directory_and_Chronicle_1877 — Page 509

Discretion of Court.

Security for costs,

Pauper plaintiff' defendant.

Counsel or attorney for pauper,

Pauper dispaupered for giving fee,

or for insufficient poverty,

Day

Sundays and holydays, when not reckoned.

Time expiring on Sunday or holiday,

Time in case of security

for costs.

76

RULES OF SUPREME COURT

require of him such security as seems fit for his remaining within the particular jurisdiction, and abiding and performing by any decree or order to be made in the suit or proceeding, and for costs and fees.

Costs.

262. The costs of the whole suit and of each particular pro- ceeding therein are under the discretion of the Court; but the Court shall not order the successful party in a suit to pay to the unsuccessful party the cost of the suit generally, although the Court may order him, notwithstanding his success in the whole suit, to pay the costs occasioned by any particular proceeding therein.

263. The Court may, if in any case it seems fit, require any party to any suit or proceeding, 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.

Paupers.

264. The Court may admit any person to sue in forma pauperis on being satisfied of his poverty, and that he has prima facie a case proper for some relief in the Court; and may admit any person to defend in forma pauperis on being satisfied of his poverty.

265. If in any case the Court thinks fit to assign a counsel or attorney to assist a person admitted to sue or defend in forma pauperis, the counsel or attorney so assigned may not refuse his assistance, unless he satisfies the Court of some good reason for refusing.

266. If a pauper gives or agrees to give any fee, profit, recompense, or reward for the despatch of his business in Court, he shall be deemed guilty of a contempt of Court, and he shall also be forthwith dispaupered, and shall not be afterwards admitted again in that suit to sue or defend in forma pauperis.

267. A person admitted to sue or defend in forma pauperis may be dispaupered, by order of the Court, on its appearing that he was not when admitted, or no longer is, of sufficient poverty, or that he is abusing his privilege by vexatious proceedings.

Computations of Time.

268. Where by these Rules, or any special order or the course of the Court, any limited time from or alter any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time does not include the day of such date or of the happening of such event, but commences at the beginning of the next following day, and the act or proceeding must be done or taken at the latest on the last day of such limited time according to such computation.

269. 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 before and the day next after Christmas Day.

270. Where the time for the doing of any act or the taking of any proceeding expires on one of the days last-mentioned, the act or proceeding 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-mentioned days.

271. The day on which an order that a plaintiff do give security for costs is served, and the time thenceforward until and including