Directory_and_Chronicle_1902 — Page 463

Amount of

360

CODE OF CIVIL PROCEDURE HONGKONG

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 costs of counsel and attorney shall have been provided for use under this Ordinance be any general rule or order of the Supreme Court or otherwise, and so far as any Attorney pend- such new scale may be incomplete, all questions relating to the amount of

Court Fees and of Fees and Costs of

Counsel and

ing Issue of

new Scale.

General Powers of Court as to Security for Costs.

Power of Coart to stay Pro- crediùgs until entered.

Seating and Return of Documents.

In Government Gazette.

Application of present Form,

By Resolution of Council.

Proclamation,

such fees and costs shall be referred to the Registrar, who is hereby 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 chainbers; 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.

4. The Court may, if in any case it deems fit, require any party to any suit or proceeding, either at the commencement or at any time during 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

XCV.-Whenever a suit shall be instituted by a plaintiff residing out of the jurisdiction, and it shall be made to appear or 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 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

XCVI.-Every writ, summons, warrant decree, rule, order, notice and other document issuing from the Court shall be sealed with the seal 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

XCVIII.--Until special 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 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 way of repeal, variation, substitution, or addition, may, if deemed expedient, be made by a resolution of the Legislative Council. to he 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 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,

Digitized by Oogie