CAP. 187]
Originally
22 of 1917. Fraser
22 of 1917.
Short title.
5 & 6 Geo. 5, c. 36, s. 5.
Interpretation.
6
Legal Proceedings against Enemies.
CHAPTER 187.
LEGAL PROCEEDINGS AGAINST ENEMIES.
To facilitate legal proceedings against enemies in certain
cases.
[5th October, 1917.]
1. This Ordinance may
be cited as the Legal Proceedings against Enemies Ordinance.
2. In this Ordinance-
5 & 6 Geo. 5, "British subject" includes a corporation incorporated in
c. 36, s. 2.
Provision
with respect
to writs
issued against enemy in
certain cases
c. 86, s. 1.
His Majesty's dominions;
"enemy" means any person or body of persons of whatever nationality resident or carrying on business in enemy territory, but does not include persons of enemy nationality who are neither resident nor carrying on business in enemy territory;
"enemy territory" means any area which is under the sovereignty of, or in the occupation of, a power with whom His Majesty is at war, not being an area in the occupation of His Majesty or of a power allied with His Majesty;
"outbreak of war" shall, as respects any enemy, be
construed as referring to the date of the outbreak of war between His Majesty and the power exercising sovereignty over, or occupying, the territory in which the enemy is resident or carrying on business; "war" means any war between His Majesty and any foreign
state.
3. (1) Leave may be given to issue a writ of summons in the Supreme Court for service on an enemy out of the jurisdiction or of which notice is to be given to an enemy out of the jurisdiction if the court is satisfied that the case is a case to which this section applies, and the court may, on application made at the time leave is so given or at any subsequent time, if satisfied that the writ cannot promptly be served or brought to the notice of the enemy defendant by any of the usual means, make an order (in this Ordinance referred to as an enemy service order) directing substituted or other service of the writ or the substitution of notice for service by means of advertisement
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