Directory_and_Chronicle_1885 — Page 854

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 Court. of the Court; and the Court shall have full power to award and apportion costs in any manuer it may

may deem

proper.

Coole.

2. Under the denomination of costs are included the whole of the what shall 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 docants, law costs, costs of special juries, charges of witnesses and expenses of commissioners either in taking evidence or in investigating

accounts.

of

Dex Scale.

8. Until a new scale of Court fees and fees and costs of counsel and Aunt of

Court Fees and attorney shall have been provided for use under this Ordinance by any of Fass and general rule or order of the Supreme Court, or otherwise, and so far as any Cons and such new scale may be incomplete, all questions relating to the amount of Attorney poud. such fees and costs shall be referred to the Registrar, who is hereby in out 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.

4.--The Court may, if in any case it deems fit, require any party to General Power any suit or proceeding, either at the commencement or at any time during security for 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.

-

Cross-Action against absent Plaintiffs.

to stay Pro-

outered

XOV. Whenever a suit shall be instituted by a plaintiff residing out Foxer of Co ark 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 bond 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 absent plaintiff in respect of such claim, upon such terms as justice requires.

Seal of Court.

Return of

XCVL-Every writ, summons, warrant, decres, rule, order, notice Sealing and and other lument issuing from the Court shall be sealed with the scal Documents. of the Court, and be returnel 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 Gosar nmant 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.

XOVIII-Vatil social forms shall be presibed for use under this appliest on of Code, by any general rale or order of Court, a · 1 » far as the same many present Forms, be incomplets, all forms at present in use in the Supreme Court, with sa variations an additions as may be required to be made therein, may b used for the purpose of carrying out the provisions of this Code, and shall, as regards the form thereof, be valid and sufficient.

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