768
THE HONGKONG GOVERNMENT GAZETTE, 8TH AUGUST, 1896.
REFERENCES.
88. The Court may, in its discretion, refer the assessment of damages and the taking of any account to the registrar either alone, or assisted by one or more merchants as
assessors.
89. The rules as to the trial shall apply mutatis mutandis to a reference to the registrar, and the registrar may adjourn the proceedings from time to time, and from place to place, if he shall think necessary.
90. Counsel may attend the hearing of any reference, but the costs so incurred shall not be allowed on taxation unless the registrar shall certify that the attendance of counsel was necessary.
91. When a reference has been heard, the registrar shall draw up a report in writing of the result, showing the amount, if any, found due, and to whom, together with any further particulars that may be necessary.
A form of the Report will be found in the Appendix hereto, No. 26.
92. When the report is ready, notice shall be sent to the parties, and either party may thereupon take up and file the report.
93. Within two weeks from the filing of the Registrar's report, either party may file a notice of motion to vary the report, specifying the items objected to.
94. At the hearing of the motion the Court may make such order thereon as shall seem fit, or may remit the matter to the registrar for further inquiry or report.
95. If no notice of motion to vary the report is filed within two weeks from filing the Registrar's report, the report shall stand confirmed.
96. Subject to the provisions of these rules the costs of the whole suit and of 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.
97. Subject to the provisions of these rules barristers' and solicitors' costs shall be allowed on taxation upon the scale that is for the time being in force in the Original Jurisdiction of the Court.
98. Where the sum in dispute or the value of the res does not exceed one thousand dollars half costs only shall be charged and allowed. In any other action the Court may in its discretion order that half costs only shall be allowed.
99. Where costs are awarded to a plaintiff the expres sion "sum in dispute" shall mean the sum recovered by him in addition to the sum, if any, counterclaimed from him by the defendant; and where costs are awarded to a defendant, it shall mean the sum claimed from him in addition to the sum, if any, recovered by him.
COSTS.
100. The Court may direct payment of a lump sum in lieu of taxed costs.
101. If any plaintiff (other than a seaman suing for his wages or for the loss of his clothes and effects in a collision), or any defendant making a counterclaim, is not resident in the Colony, the Court may, on the application of the adverse party, order him to give bail for costs.
102. If a tender is rejected, but is afterwards accepted, or is held by the Court to be sufficient, the party rejecting the tender shall, unless the Court shall otherwise order, be condemned in the costs incurred after tender made.
TAXATION Of Costs.
103. A party desiring to have a bill of costs taxed shall file the bill, and, as soon as conveniently may be, the registrar shall send to the parties notice of the time at which the taxation will take place.
104. At the time appointed, if either party is present, the taxation shall be proceeded with.
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