Directory_and_Chronicle_1891 — Page 208

General Powers of Court as to Becurity for Costs.

Power of Court to stay Pro- ceedings until entered

Bealing and Return of Documents.

In Government Gazette.

Application of present Forms.

By Resolution of Council.

Proclamation.

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CODE OF CIVIL PROCEDURE-HONGKONG.

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.

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 he shall have entered an appearance to any cross-act on 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 sealed with the seal of the Court, and be returned for the purpose of being filed in Court.

Publication of Notice.ar

XCVII. In all cases in which the publication of any notice is re- quired, 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.

Amendment of Code.

XCIX.-Any amendment in the provisions of this Ordinance, whether by way of repeal, variation, substitution, or addition, may, if deemed expedient, be made by a resolution of the Legislative Council, to be published in the Gazette; and every amendment so made and published shall have the same force and effect for all purposes as if the same had been made by Ordinance, and shall in like manner come into immediate operation, subject to disallowance by Her Majesty.

Commencement of Ordinance.

C. This Ordinance shall commerce and take effect on such day as shall hereafter be fixed by proclamation under the hand of the Governor.