Directory_and_Chronicle_1899 — Page 401

CODE OF CIVIL PROCEDURE-HONGKONG

351

documents, law costs, costs of special juries, charges of witnesses, and ex- penses of commissioners either in taking evidence or in investigating accounts.

and

3.-Until a new scale of Court fees and costs of counsel and Amount of attorney shall have been provided for use under this Ordinance by any Court Feed 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 Counsel and

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 new Scale. 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 ge..eral rule

or order.

4. The Court may, if in any case it deems fit, require any party to General Powers any suit or proceeding, either at t e commencement or at any time during of Court as to

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 unti: such security be given.

Cross Action against Plaintiffs

to stay Pro-

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 or oath or affidavit to ceedings until the satisfaction of the Court that the defendant has 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 issu ng from the Court shall be sealed with the seal Documents. of the Cou.t, and be returned for the purpose of being filed in Court.

Publication of Notice

Gazette,

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 otherwise provided in any particular case by this Code, or otherwise ordered by the Court.

Forms

present Form,

XVIII.—Until s ecial 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 purpos 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 Resolution by way of repeal, variation, substitution, or addition, may, if deemed of Council. 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 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.

Proclamation,