CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1145

equivalent to, an affidavit of service within the requirements of this section in that behalf.

(iv) Where an official certificate or declaration, transmitted to the Supreme Court in manner provided in the last sub-section, certifies or declares that efforts to serve a notice of writ have been without effect, the Court or a Judge may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such notice. Such order shall be in form 8e in the schedule with such variations as circumstances may require.

(v) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in form 8c in the schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmitted to the Colonial Secretary in manner aforesaid together with request in form 8d in the schedule, with such variations as circumstances may require.

Service of Process for Foreign Tribunals.

42a. Where in any civil or commercial matter pending before a Court or Tribunal of a foreign country a letter of request from such Court or Tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted :-

(i) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English language.

(ii) Service of the process or citation shall be effected by the bailiff.

(iii) Such service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the Court regulating service of process.

(iv) After service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service verified by notarial certificate, and particulars of charges for the cost of effecting such service.

* As amended by No. 36 of 1911 and No. 8 of 1912.

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