Filing of power of attorney. Person proceeding without authority. In what names. In what cases certain members of or agent for any co-partnership may be sued. Effect of judgment in such cases. Security for costs. Where personal service cannot be effected. Service out of jurisdiction. How to be effected.
258. Where such act done or proceeding taken by an attorney, procurator, or agent, the power of attorney, or instrument constituting the procurator or agent, or any authenticated copy thereof, must be filed in the Court before or at the commencement of the proceedings.
Where the authority is special and has reference only to the particular proceeding to be taken, the original document itself must be filed.
Where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.
The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.
259. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.
Proceedings by or against Partnerships or Agents.
260. Proceedings by or on behalf of or against a partnership solely or jointly must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise.
261. In the following cases, namely:-
1. Where some of the members of a co-partnership carrying on business within the Colony are unknown;
2. Where some of the members of such co-partnership are absent from the Colony;
3. Where business is carried on in the Colony by an agent on behalf of any person or persons who is or are out of the jurisdiction;
Every such partnership may be sued in the name of any one or more members thereof within the jurisdiction or in the name of such agent as aforesaid.
262. Every judgment obtained or order made in any such action as last aforesaid shall have the same effect and operation upon the persons and property both real and personal of such co-partnership and of the several members thereof, whether such property be joint or separate, as if every member of such co-partnership had been actually and in fact a defendant in the action, and every such judgment or order may be enforced against all such property as in ordinary cases of the like nature.
Plaintiff out of Jurisdiction.
263. Where a plaintiff, whether suing alone or suing jointly, is out of the jurisdiction of the Court, or is only temporarily resident within it, he must give security for costs and fees by deposit, or by bond in the penal sum of Five hundred Dollars.
The Court may at any time during the suit or proceeding either on its own motion or on the application of any defendant order him to give further or better security for costs and fees, and may direct proceedings to be stayed in the meanwhile.
Service.
264. Where it appears to the Court that for any reason service of a petition, notice, summons, decree, order or other document of which service is required cannot be effected, the Court may order that service be effected either:
(i) By delivery of the document to be served, together with the order for service, to some adult inmate at the usual or last known place of abode or business within the jurisdiction of the person to be served; or
(ii) By delivery thereof to some agent within the jurisdiction of the person to be served, or to some other person within the jurisdiction through whom it appears to the Court there is a reasonable probability that the document and order served will come to the knowledge of the person to be served; or
(iii) By advertisement in some newspapers circulating within the jurisdiction; or
(iv) By notice put up at the Court, or at some other place of public resort within the jurisdiction.
265. The Court may direct service to be made out of the jurisdiction in the following cases--
(i) Where the Court is satisfied by affidavit or otherwise that the cause of action arose within the jurisdiction;
(ii) Where before the commencement of this Ordinance, parties to a suit in equity might have been served out of the jurisdiction.
266. It shall be lawful for the Court to order that such service may be effected through the medium of the Post Office, or otherwise to fix the time within which an appearance shall be entered by the defendant, and to give any other directions with reference to such service which it may think fit.
No service in a civil suit shall be made on Sunday, Christmas Day, or Good Friday.
Page 57