CODE OF CIVIL PROCEDURE-HONGKONG.
105
Agent within
7. When the suit is against a defendant residing out of the jurisdic- On Defendant's tion, but carrying on business in the Colony in his own name, or under the Colony. the name of a firm through a duly authorised agent, and such suit is limited to a cause of action which arose within the jurisdiction, the docu- ment may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.
the Jurisdiction,
8.-The Court may direct service to be made out of the jurisdiction Service out of in all cases in which the Court is satisfied by affidavit or otherwise that the suit is limited to a cause of action which arose within the jurisdiction.
[See ss. 11 &
9.-In every case in which the Court shall direct service to be made Court may
make special out of the jurisdiction, it shall be lawful for the Court, in its discretion, orders in to fix the time within which an appearance shall be entered by the defend- respect thereof ant, and to give any other directions with reference to such service which it 29.7 may think fit, and to receive any affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.
be vuried.
10. Any order for service may be varied from time to time with Orders may respect to the mode of service directed by the order, as occasion requires.
Service.
11.-Whenever the service of Process by the Sheriff shall be attended Expenses of with expense, he shall not (except by order of the Court) be bound to effect the same, unless the reasonable expenses thereof shall have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause.
-
Suits to be commenced by Writ of Summons.
Summons.
IX. Subject to the provisions hereinafter contained as to the institu- Writ of tion of special suits and proceedings in certain cases, all suits in the Supreme Court shall be commenced by a general writ of summons to be issued by the Registrar on the filing of a præcipe for the same.
1211
and by
2. The writ shall be prepared by the plaintiff, or his attorney, and Its Contents shall specify the name, description, and place of abode of the plaintiff and prepare hom of the defendant so far as they can be ascertaine 1, the subject matter of the claim, and the relief sought for, and such writ shall be attested in the name of the Chief Justice, and bear date the day whereon the same shall be sued out.
3. Any alteration in the writ, without leave of the Court, and without being re-sealed before service, shall render the writ void.
Not to be altered
without Leave.
Renewal of
4.-In case service of the writ shall not have been effected within six Limitation and months from the date thereof, the same shall become void: Provided always writ. that the Court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.
by Petition
5.--Nothing in this section contained shall be deemed to apply to Proceedings proceedings which may now be heard on petition without preliminary without answer, service on any party, but all petitions shall be subject to the rules contained in Section XXIV., so far as they are applicable to the subject matter thereof.
On Summoning the Defendant.
X.-The plaintiff shall cause a copy of the writ of summons to be Service of Writ. served on the defendant, and such copy shall contain a Memoran lum endorsed thereon requiring the defendant to enter an appearance to the suit within eight day's from the day of such servie, or, in cases of service out of the juris liction, within such time as the Court shall have ordere:l; and every such writ shall, within eight days after the service thereof, or in cases of service out of the jurisdiction, within such time as the Curt shall have ordered, be returned into the Registrar's office with a memɔ- randum endorsed thereon of the date and mode of service.
: