In whose name, and how proceedings to
taken.
Fling of power of attorney.
Person proceed- ing without wuthority.
In what names,
Place for service,
Fecurity for vošta.
How to be wada.
Personal service.
*Other service.
90
RULES OF SUPREME COURT
XII. MISCELLANEOUS PROVISIONS.
Attorneys and Agents.
249. Every person doing any act or taking any proceeding in the Court as plaintiff, or otherwise, must do so in his own name and not otherwise, and either by himself, or by his attorney, procurator, or agent thereunto lawfully authorised in writing.
258. Where such act is done or proceeding taken by an attorney, pro- curator, or agent, the power of attorney, or instrument constituting the procurator or agent, or an 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 parti- cular 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 authen- ticated 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.
251. 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 Partnership.
252. Proceedings by or on behalf 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.
Plaintiff out of Jurisdiction.
253. Where a plaintiff, whether suing alone or suing jointly, is out of the jurisdiction of the particular Court, or is only temporarily resident within it, he must file in the Court, at or before the commencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be served on him.
He must also give security for costs and fees by deposit, or by bond in the penal sum of 500 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.
254. Service of a petition, notice, summons, decree, order, or other document of which service is required by these Rules, or according to the course of the Court, shall be made by an officer of the Court, unless in any case the Court thinks fit otherwise to direct; and service shall not be valid unless it is made under an order of the Court (in writing under the seal of the Court), which may be either indorsed on or subscribed or an- nexed to the document to be served.
255. Unless in any case the Court thinks it just and expedient other- wise to direct, service shall be personal,—that is, the document to be served shall, together with the order for service (indorsed, subscribed, or annexed), be delivered into the hands of the person to be served.
256. Where it appears to the Court (either with or without any at- tempt at personal service) that for any reason personal service cannot be conveniently 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 particular jurisdiction of the person to be served; or