A.D. 1901.
CODE OF CIVIL PROCEDURE.
[No. 3.
655
PART I.
ACTIONS IN GENERAL.
CHAPTER I.
INSTITUTION OF ACTION.
Writ of Summons.
7. Subject to the provisions hereinafter contained with respect to the institution of special actions and proceedings, every action in the Court shall be commenced by a writ of summons.
Commencement of action with writ of summons. H. K. Code, s. 9 (1.) Schedule: Form No. 1. Preparation of writ and contents.
8.—(1.) The writ shall be prepared by the plaintiff or his solicitor. It shall be written or printed, or partly written and partly printed, and shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, the subject-matter of the claim, and the relief or remedy required in the action.
(2.) If the plaintiff sues, or the defendant is sued, in a representative capacity, the writ shall specify such capacity.
Ib. s. 9 (2.) O. 5 r. 10.
9. The writ shall bear date on the day on which it is issued, and shall be tested in the name of the Chief Justice.
Date and teste of writ. H. K. Code, s. 9 (2.)
10.—(1.) The plaintiff or his solicitor shall, on presenting the writ for sealing, leave with the Registrar a copy of the writ and all the indorsements thereon.
(2.) Such copy shall be signed by or in the name of the plaintiff's solicitor or by the plaintiff if he sues in person.
11. The Registrar shall file the copy of the writ, and an entry of the filing thereof shall be made in the Cause-Book, and the action shall be distinguished by the date of the year and a number.
Leaving of copy of writ. O. 5. r. 12.
Filing and marking of copy of writ. Ib. r. 13.
12. The writ shall be signed by the Registrar and sealed with the Seal of the Court, and shall thereupon be deemed to be issued.
Sealing and issue of writ. Ib. 1.
13. No writ for service out of the jurisdiction shall be issued without the leave of the Court.
Writ for service out of jurisdiction. O.2 r. 4.
14. Any alteration in the writ before service, without the leave of the Registrar or of the Court, shall render the writ void.
Alteration in writ. H. K. Code, s. 9 (3.)
15.—(1.) If service of the writ has not been effected within twelve months from the date thereof, the writ shall become void: Provided that the Court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.
Duration of writ and renewal. Ib. s. 9 (4.) O. 8 r. 1.