Directory_and_Chronicle_1895 — Page 381

CODE OF CIVIL PROCEDURE-HONGKONG

341

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 Amount of

Counsel and

new Scale,

attorney shall have been provided for use under this Ordinance by any of Fees and

Court Fees and general rule or order of the Supreme Court or otherwise, and so far as any Costs of 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 Issue 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 as to

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

ceedings until

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- the satisfaction of the Court that the defendant has a bona fide claim entered. 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.

Return 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 Cour1.

Publication of Notice.

XCVII. In all cases in which the publication of any notice is re- In Government quired, the same may be made by advertisement in the Gazette, unless Gazette, otherwise provided in any particular case by this, Code, or otherwise ordered by the Court.

Forms.

present Forms,

XCVIII.—Until special forms shall be prescribed for use under this Application of 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.

of Council.

XCIX.-Any amendment in the provisions of this Ordinance, whether By Resolution 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

●peration, subject to disallowance by Her Majesty.

Commencement of Ordinance.

C.-This Ordinance shall commence and take effect on such day a Proclamation shall hereafter be fixed by proclamation under the hand of the Governor.