Directory_and_Chronicle_1889 — Page 984

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Period of Vacation not to count.

Discretion of Court.

What shall be included in Costi.

Amount of

of Fees and

Costs of Counsel and

Attorney pend. ing Issue of new Seule.

160

CODE OF CIVIL PROCEDURE-HONGKONG.

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 Conrt Fees 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, 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.

General Powers

of Court as to Becurity for

Costa,

Power of Court to stay Pro. ceedings until

Appearance entered

Pealing and Return of Documents

In Government

Gazette.

Application of present Forms.

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 bonâ 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 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.

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

Publication of Notice.

XCVII.—In all cases in which the publication of any notice is required, 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 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.