Directory_and_Chronicle_1877 — Page 752

CODE OF CIVIL PROCEDURE-HONGKONG.

Computation of Time.

315

XCIII.-Where by this Code, or any special order or the course of the Court, any limited time from or after 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 shall not include the day of such date or of the happening of such event, but shall commence 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 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.

4.-The day on which an order that a plaintiff do give security for costs is served, and the time thenceforward until and including the day on which such security is given, shall be reckoned in the computation of the time allowed to a defendant for putting in his answer.

5. The period of vacation of the Supreme Court shall not be included 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 proceeding before the Court 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.

2.-Under the denomination of costs are included 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 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.

3. Until a new scale of Court fees and fees and costs of counsel and attorney shall have been provided for use under this Ordinance by any general rule or order of the Supreme Court, or otherwise, and so far as any such new scale may be incomplete, all questions relating to the amount of such fees and costs shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the existing scale, baving regard to the skill, labour, 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 allowed on such taxation or review may be enforced in the same manner as if the same bad been fixed by any general rule or order.

4.-The Court may, if in any case it deems 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; and in the case of a plaintiff, 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 affidavit to the satisfaction of the Court that the defendant has a bona fide claim 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 be shall have entered an appearance to any cross-action instituted by the defendant against the absent plaintiff in respect of such claim, upon such terms as justice requires.