THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
XXVI.
303
Service of the Summons may be effected on a Banking Company or other Corporation by livering the Summons to a Manager, Secretary or Clerk of the Defendant at any Bank or Office of the Defendant within the Colony.
XXVII.
Where a
Defendant keeps his house or place of dwelling closed in order to prevent the Bailiff from serving the Summons, it shall be sufficient service to affix such Summons on the door of such house or place of dwelling, or place of business.
XXVIII.
Where the Bailiff is prevented by the violence or threats of the Defendant, or of any other rson in concert with him from personally serving such Summons, it shall be sufficient service to Lave such Summons as near to the Defendant as practicable.
XXIX.
Where the Summons has not been served personally or under the provisions of the last three Rules and the Defendant does not appear at the return day in person or by his Attorney (where appearance by Attorney is permitted) the cause may proceed if the Judge is satisfied that Service of ach Summons has come to the knowledge of the Defendant before the return day, but no evidence to that effect shall be necessary in the cases specially mentioned in the last Three Rules.
Rules as to the Mode of Service of Summons to be of general Application.
XXX.
The above Rules as to the Mode of service of Summons to appear to a Plaint shall apply to the Mode of Service of all Summonses whatsoever except where otherwise directed by Ordinance or by these Rules.
Payment into Court. XXXI
Where the Defendant is desirous of paying Money into Court it may be paid in at any time within twenty four hours after the service of the Summons with Court fees proportionate to the amount paid in; and the Clerk shall forthwith send to the Plaintiff Notice thereof in the Form specified in Schedules 4 or 5 to these Orders annexed, as the case may be, provided that at any time fore the return-day the Defendant may pay money into Court with such costs as aforesaid aid the Clerk shall give notice thereof to the Plaintiff as aforesaid, but where money has not been paid in within twenty four hours after the Service of the Summons, or within a reasonable time before the turn-day, it shall be lawful for the Court to order the Defendant to pay such costs as the Plaintiff hall have incurred in preparing for trial before the notice of such payment was received by him or attending the Court. When the Plaintiff is a Chinaman a translation of tho matter of the notice into the Chinese language shall be indorsed thereon.
XXXII.
money as
If the Plaintiff elect to accept in full satisfaction of his claim including costs such all have been paid into Court by the Defendant and shall leave at the Clerk's Office and at the fendant's place of dwelling or place of business a written notice stating such acceptance within sch reasonable time before the return-day, as the time of payment by the Defendant has permitted, the action shall abate and the Plaintiff shall not be liable to any further costs, but in default of such otices from the Plaintiff the cause may proceed. The Notice may be in the Form specified in Schedule 6 to these Orders annexed.
Inspection of Documents.
XXXIII.
Where in any action the Plaintiff or Defendant is desirous of inspecting any written or printed ment or instrument in which he has an interest and to the production of which he is entitled for purposes of the action, and which shall be in the possession or power or under the control of other party, such Plaintiff or Defendant may before the day of hearing give notice to the other ty that he desires to inspect any such document or instrument, describing the same, at any place appointed by the other party; and if such other party shall neglect or refuse to appoint such , or, to allow such Plaintiff or Defendant to inspect such document or instrument within a able time after receiving such notice the Judge may, in his discretion, adjourn the cause and tke such Order as to costs as he shall think fit.
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