278
SUMMARY JURISDICTION COURT-HONGKONG.
Summons to appear to a Plaint.
XIX.-The summons shall be dated of the day on which the plaint was entered, and the date thereof shall be the commencement of the suit.
XX.-The words specified in Schedule 3, shall be inserted at the foot of the summons as it appears in Schedule 2, annexed to Ordinance No. 7, of 1862.
XXI.-Where a summons has not been served, successive summonses may be issued without entering a new plaint, unless the non-service thereof has been caused by the fact of the defendant's having removed from the address given before the entry of the plaint, or unless the plaintiff shall have given a wrong or insufficient address, but if the bailiff shall ascertain that the defendant has removed to some other place within the colony, he shall serve the summons at such other place, indorsing on the copy thereof the new address; and the successive summons or summonses shall bear the same date and number as the summons first issued, which date and number shall be written in red ink in the clerk's book, and such summonses shall be a continuance · of the first summons.
Service of a Summons to appear to a Plaint.
XXII. -The service of the summons, except in the cases hereinafter specially provided for, shall be either personal or by delivering the same to some person apparently sixteen years old at the house or place of dwelling or place of business of the defendant; but no place of business shall be deemed the place of business of the defendant, unless he shall be the master or one of the masters thereof.
XXIII.-Where the defendant is living or serving on board of any ship or vessel, it shall be sufficient service to deliver the summons to the person on board, who is, at the time of such service, apparently in charge of such ship or vessel.
XXIV. Where the defendant is residing or quartered in any barracks and serving Her Majesty as a soldier, it shall be sufficient service to deliver the summons at the barracks to the adjutant of the corps or to any officer or serjeant of the company to which such soldier belongs.
XXV.-When a defendant is a prisoner in a gaol it shall be sufficient service to deliver the summons at the gaol to the superintendent or any person appearing to be the head officer in charge thereof.
XXVI.-Service of the summons may be effected on a banking company or other corporation by delivering the summons to a manager, secretary, or clerk of the defendant, at any bank or office of the defendant within the colony.
XXVII.-Where a defendant keeps his house or place of dwelling closed in order to prevent the bailiff from serving the summons, it shall be sufficient service to affix such summons on the door of such house or place of dwelling, or place of business.
www.
XXVIII.-Where the bailiff is prevented by the violence or threats of the defendant, or of any other person in concert with him, from personally serving such summons, it shall be sufficient service to leave such summons as near to the defendant as practicable.
XXIX.- Where the summons has not been served personally or under the provisions of the last three rules, and the defendant does not appear at the return-day, in person or by his attorney (where appearance by attorney is permitted) the cause may proceed if the judge is satisfied that service of such summons has come to the knowledge of the defendant before the return-lay, but no evidence to that effect shall be necessary in the cases specially mentioned in the last three rules.
Rules as to the Mode of Service of Svmmons to be of General Application. XXX-The above rules as to the mode of service of summons to appear to a plaint shall apply to the mode of service of all summonses whatsoever, except where otherwise directed by ordinance or by these rules.
Payment into Court.
XXXI.-Where the defendant is desirous of paying money into Court, it may be ail in at any time within twenty-four hours after the service of the summons, with Court fees proportionate to the amount paid in; and the clerk shall forthwith send to the plaintiff notice thereof, in the form specified in Schedules 4 or 5 to these orders annexed, as the case may be, provided that at any time before the return-day the defendant may pay money into Court, with such costs as aforesaid, and the clerk shalp
[