Directory_and_Chronicle_1901 — Page 414

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CODE OF CIVIL PROCEDURE-HONGKONG

Effect thereof. the award the award shall be filed, and shall thereupon have the same

force and effect for all purposes as a judgment.

General Powers of Court.

General Powers of Court.

Enlargement or Abridgment.

May be granted after Erpira- tion of Time previously allowed.

How to be made.

Sundays and Holidays.

CHAPTER XX.-MISCELLANEOUS PROVISIONS

Adjournment

XC.-Nothing in this Code shall affect the power of the Court to defer or adjourn the hearing or determination of any suit, matter, pro- ceeding, or application, for such time and on such terms as justice requires. 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 proceeding 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 enlarge 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 happening 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; namely:-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 on a Sunday or 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.

Time Expiring

Holiday.

Time in Case

4.The day on which an order that a plaintiff do give security for of Security for 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.

Costs by Plain- tiff.

Discretion of Court.

What shall be included in Costa.

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Power of Court as to Costs

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XCIV. The costs of the whole suit and each particular proceeding therein, and of every proceeding before the Court, shall be in the discretion 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