Directory_and_Chronicle_1900 — Page 417

CODE OF CIVIL PROCEDURE-HONGKONG

357

Amount of

of Fees and

Attorney pend-

documents, law costs, costs of special juries, charges of witnesses, and ex- penses of commissioners either in taking evidence orininvestigating accounts. 3.-Until a new scale of Court fees and costs of counsel and attorney shall have been provided for use under this Ordinance be any 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 Counsel and 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 bad been fixed by any such general rule or order.

any

4. The Court may, if in any case it deems fit, require any party to General Powers suit or proceeding, either at the 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 Court by deposit or otherwise; and in the case of a plaintiff, may stay proceedings until such security be given.

Cross Action against Plaintiffs

Coats.

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 on oath or affidavit. to ceedings until the satisfaction of the Court that the defendant has bond 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 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

In Government Gamette,

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 present Form, 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 Resolation 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 Proclamasis shall hereafter be fixed by proclamation under the hand of the Governor.