1146
No. 3 of 1901.
form 8f.
0. 11 r. 10.
Power to vary order for service.
H. K. Code, s. 8 (10).
*
Expenses of service by bailiff. [ib. s. 8 (11).]
Service and return of writ.
[ib. s. 10.]
0.9 r. 15.
CODE OF CIVIL PROCEDURE.
(v) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Colonial Secretary.
(vi) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a certificate appended thereto duly sealed with the seal of the Court. Such certificate shall be in form 8f in the schedule.
(vii) Upon the application of the Crown Solicitor with the consent of the Attorney General, the Court or a Judge may make all such orders for substituted service or otherwise as may be necessary to give effect to this section.
Variation of Order for Service, etc.
43. Any order for service may be varied by the Court with respect to the mode of service directed by the order, as occasion may require.
44. Where the service of process by the bailiff will be attended with expense, he shall not (except by direction of the Registrar or by order of the Court) be bound to effect the same, unless the reasonable expenses thereof have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause or matter.
Summoning Defendant.
45.-(1) The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to enter an appearance to the action within 8 days from the day of such service, or, in case of service out of the jurisdiction, within such time as the Court may have ordered.
(2) The person serving the writ shall, within 3 days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default; and every affidavit of service of the writ shall mention the day on which the indorsement was made. This sub-section shall apply to substituted as well as other service.
* As amended by No. 50 of 1911.
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