Directory_and_Chronicle_1890 — Page 187

CODE OF CIVIL PROCEDURE-HONGKONG.

Amendment.

157

XCI. Nothing in this Code shall affect the power of the Court to General order or allow any amendment of any writ, petition, answer, notice, or other Cowers of document whatever, at any time on such terms as justice requires.

Power of Court as to Time.

Court.

XCII. Nothing in this Code shall affect the power of the Court to Enlargement or enlarge or abridge the time appointed or allowed for the doing of any act, Abridgment. or the taking of any proceeding on such terms as justice requires.

after Bipira-

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2. Where the Court is by this Code, or otherwise, authorised to May be granted appoint the time for the doing of any act, or the taking of any proceedings, tion of lime or to enlarge the time appointed or allowed for that purpose by this Code, previously or otherwise, the Court may further enlarge any time so appointed or allowed. enlarged by it on such terms as seem just, whether the application for further enlargement be made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the Court to be required for the purposes of justice and not sought merely for del y.

Computation of Time.

How to be

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 made. 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 appoint d or allowed is less than six Sundays and days, the following days shall not be reckoned in the computation of such Holidays. time; namely:-Sunday, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day next before and the next after Christmas Day, and any public holiday or day set apart as a fast or thanksgiving day.

Holiday.

3. Where the time for the doing of any act or the taking of any Time expiring proceeding expires on one of the days la t-mentioned, the act or proceeling on a Sunday or 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.

1

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

tiff.

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 each particular proceeding Discretion of therein, and of ever proceeding be ore the Court, shall be in the discretion Court. of the ourt; and the Court shall have full power to award and apportion costs in any manner it may deem proper.

Costs.

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 documents, law costs, costs of special juries, charges of witnesses, and ex- puses of commissioners either in taking evilence orin investigating accounts,

Court Fees and

Costs of

3. Until a new scale of Court fees and fees and costs o couns land Amount of attorney shall have been provided for use under this Ordinance by any of rees and genera rule or order of the Supreme Court, or oth_rwise, and so far as any and such new scale may be incomplete, 1 questions relating to the amount of dit re pend- such fees and costs shali be referred to the Registrar, who is hereby

ing Issue of new gate.