494
1. Amends section 479.
H. Repeals section 565.
. Amends section 570.
Th. Amendis
(7.) in sub-section (4) thereof by the deletion of
the words "it shail make an order to that effect and the substitution therefor of the words "or if the judgment creditor shall not have signified his intention as aforesaid, it shall order the release of the judgment debtor “.
18. In section 479, after the word "service" there shall be inserted the words " of a sealed copy ".
19. Sections 563 is repealed,
20. Section 570 shall be renumbered as section 570 (1) and a new sub-section shall be added as follows:—
**(2.) The surely or sureties for the appearance of the defendant or either or any of them may at any time apply to a Judge to be discharged from his or their obligation.
On such application being made the Judge shall summon the defendant to appear; or, if necessary, he may issue a warrant for his arrest in the first instance.
On the appearance of the defendant pur- suant to the summons or warrant, or on his voluntary surrender, the Court shall direct the surety or sureties making application under this section to be discharged from his or their obligation, and shall call upon the defendant to find fresh security, whereupon the provisions of svetion 569 (2) shall again apply."
21. In section 595, sub-section (2) is repealed, and the
Section 595, figure * (1)”.
Th. Repeals
Chapter XXIX.
Ib. Renum-
22. Chapter XXIX (section 623) is repealed.
23. Chapters XXX and XXXI shall be re-numbered
bera Chapters XXIX and XXX respectively.
XXX and
XXXI
b. Adds a proviso to suction 624.
1. Amends
24. In section 624, the following is added: --
"Provided that he shall not be allowed his costs in respect of counsel's fees, unless the Judge certifies that the case is fit for counsel."
25. In section 627, in paragraph (7) the words “the determination of ” shall be deleted.
- section 627.
Th. Repeals
26. Section 603 is repealed.
Section 693.
Th. Adds &
And whereas it is expedient to introduce the procedure of serving a "notice of writ" instead of a
* writ
where the defendant is our of the jurisdiction and is not a British subject: Be it therfore enacted as follows:----
27.-(1.) Before section 42 there shall be inserted the
new heading heading
to and amends section 42.
42:
+
Service out of the Jurisdiction”.
(2.) The following paragraphs shall be added to section
"(4.) When the defendant is neither a British subject nor in British dominious, notice of writ, and not the writ itself, is to be given to him. (5.) Where leave is given under this section to serve notice of a writ of summons out of the jurisdication, sneh notice shall be given in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summons and service of a writ of summous out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the giving of notice of writ of summons respectively."