Directory_and_Chronicle_1898 — Page 407

Amount of

of Fees and

Costs of Counsel and

Attorney pend- ing Issue of new Scale.

300

CODE #CIVIL PROCEDURE-HONGKONG

documents, law costs,sts of special juries, charges of witnesses, and ex- penses of commissione either intak.ng evidence or in investigating accounts. 3.-Until a nei scale of Court fees and costs of counsel and Court Fees and attorney shall have a provid d for use under this Ordinance b. auy general rule or order ✅ the Supreme Court or otherwise, and so far as any such new scale may incomplete, all questions relating to the amount of such fees and costs all be referred to the Reg strar, who is hereby empowered to determe the same on taxation, either with or without reference to the exisig scale, having regard to the skill labour, and responsibility involved, subject nevertheless to a review of such determina- tion on summary appication 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 the same had been fixed by any such ge..eral rule

General Powers

of Court as to Security for Coats.

Tower of Court to stay Pro- ccedings nutil entered.

Sealing and Return of Docu..ents.

In Government Gazette,

Application of present Form,

By Resolution of Council.

Proclamation.

or order.

as:

4.-The Court may, if in any case it deems fit, require any party to any suit or proceed ug, either ate commencement or at any time during the progress thereof, to give security for costs to the satisfaction of the Court by doposit or otherwise; and in the case of a plaintiff, may stay proceedings unti such security be given.

Cross Action against Plaintif

XCV. —Whenever a suit shall be in-tituted 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 bonâ fide claim against such plaintiff which can be conveniently tried by the Supreme Court, it shall be la ful 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 decrec, rule, order, notice and other document issu ng from the Court shall be scaled with the seal of the Cout, 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 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

1

XCVIII. Until s ecial forms shall be prescribed for use under this Code, by any general rule or order of Court, and so far as he 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 purpos of carrying out the provisions of this Code and shall, as regards the form thereof, be valid and sufficient.

bv

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 Gazette; and every amendment so made and pubished shall have the same force and effect for all purposes as if the sam- 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 commence and take effect on such day as shall hereafter be fixed by proclamation under the hand of the Governor.

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