Directory_and_Chronicle_1887 — Page 897

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

Court.

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 of the Court; and the Court shall have tull power to award and apportion costs in any manner it may deem proper.

included in

2. Under the denomination of costs are included the whole of the What shall ba expenses necessarily incurred by either party on account of the suit, and C.bls. 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 Cosel and 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 ing Isue of empowered to determine 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.

of Court a to

4.--The Court may, if in any case it deems fit, require any party to General Powere 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, inay stay proceedings until such security be given.

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 to stay Pro-

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 absent plaintiff in respect of such claim, upon such terms as justice requires.

Seal of Court.

eturn of

XCVI.---Every writ, summons, warrant, decree, rule, order, notice Sealing and and other document issuing from the Court shall be sealed with the seal Documents. of the Court, and be returned for the purpose of being filed in Court.

Publication of Notices.

Gazette,

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 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 present Form Code, by any general rule or order of Court, and so far as the same may be incomplete, all forms at present in use in the Supreme Court, with such 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.