General Powers of Court.
Enlargement or Abridgment.
May be granted after Expira- tion of Time previously allowed.
How to be made.
Bundays and Holidays.
Time Expiring on a Sunday or Holiday.
Time in Case of Fecurity for
828
CODE OF CIVIL PROCEDURE-HONGKONG
Amendment.
XCI.-Nothing in this Code shall affect the power of the Court to order or allow any amendment of any writ, petition, answer, notice, or other document whatever, at any time on such terms as justice requires.
Power of Court as to Time.
XCII.-Nothing in this Code shall affect the power of the Court to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any p oceeding on such terms as justice requires.
2.-Where the Court is by this Code, or otherwise, "authorised to appoint the time for the doing of any act, or the taking of any proceedings, or to enlarge the time appointed or allowed for that purpose by this Code, or otherwise, the Court may further en arge any time so appointed or 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 delay.
Computation of Time.
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 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 bappening 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 appointed or allowed is less than six days, the following days shall not be reckoned in the computation of such time; name'y:-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. 3.-Where the time for the doing of any act or the taking of any proceeding expires on one of the days last mentioned, the act or proceeding 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.
4.-The day on which an order that a plaintiff do give security for Costcur in costs is served, and the time thenceforward until and including the day on which such security is given, shall be reckoned in the computation of the time allowed to a defendant for putting in answer.
tiff.
Period of Vacation not to count,
Discretion of Court.
What shall be included in Costs.
Amount of
Court Fees and of Fees and Costa of
5.- The period of vacation of the Supreme Court sha'l 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 each particular proceeding therein, and of every proceeding before the Court, shall be in the dis retion 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 ex- penses 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 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 Attorney pend. 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
Counsel and
ing Issue of
Dew Boale.
No comments yet.
Private notes are available after approval.