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THE HONGKONG GOVERNMENT GAZETTE, 11TH JULY, 1896.
WRIT OF SUMMONS.
5. Every action shall be commenced by a writ of sum- mons, which, before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief or remedy required, and of the amonut claimed, if any. Such writ shall be tested in the name of the Chief Justice and shall bear date the day whereon the same shall be sued out, Forms of writ of summons and of the indorsements thereou will be found in the Appendix hereto, Nos. 4, 5, 6, and 7.
6. In an action for scuman's or master's wages, or for master's wages and disbursements, or for necessaries, or for bertomry, or in any action in which the plaintiff desires an account, the indorsement on the writ of summons may include a claim to have an account taken.
7. The writ of summons shall be indorsed with the uame and address of the plaintiff, and with an address within the Colony, to be called an address for service, not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.
8. The writ of summons shall be prepared and indorsed by the plaintiff, and shall be issued under the seal of the Court, and a copy of the writ and of all the indorsements thereon, signed by the plaintiff, shall be left in the registry at the time of sealing the writ.
9. The Court may allow the plaintiff to amend the writ of summons and the indorsements. thereon in such manner and ou such terms as to the Court shall seem fit.
Service of Writ of Summons,
10. In an action in rem, the writ of summons shall be served----
(4) Upon ship, or upon cargo, freight, or other pro- perty, if the cargo or other property is on board a ship, by attaching the writ for a short time to the mainmast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writ attached thereto. (b) upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by attaching the writ for a short time to such cargo or property, and by leaving a copy of the writ attached thereto.
(c) upon freight in the hands of any person, by show- ing the writ to him and by leaving with him a copy thereof.
(d) upon proceeds in court, by showing the writ to the registrar and by leaving with him a copy thereof.
11. If access cannot be obtained to the property on which it is to be served, the writ may be served by showing it to any person appearing to be in charge of such property, and by leaving with him a copy of the writ.
12. In an action in personam, the writ of summons shall he served by showing it to the defendant, and by leaving with him a copy of the writ.
13. A writ of summons against a firm may be served upon any member of the firm, or upon any person appearing at the time of service to have the management of the business of the firm.
14. A writ of summons against a corporation or a public company may be served in the mode provided by law for service of any other writ or legal process upon such corpo- ration or company,
15. If the person to be served is under disability, or if for any cause personal service cannot, or cannot promptly, he effected, or if in any action, whether in rem or in per- sonam, there is any doubt or difficulty as to the person to he served, or as to the mode of service, the Court may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of service.
16. The writ of summons, whether in rem or in per- sonam, may be served by the plaintiff or his agent within six months from the date thereof, and shall, after service, be filed with a certificate of service indorsed thereon.