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IX.
The Bailiff shall serve all Summonses and Orders, and execute all Warrants and Writs issued out of the Court, and shall keep a Book, in a form, to be approved by the Clerk, wherein an entry shall be made of all Acts done by him in relation thereto.
X.
The Bailiff shall attend for the purpose of receiving Summonses or the performance of other Duties at the Office of the Clerk at such time or times as the Clerk may deem necessary; and shall compare and examine the Copy of each Summons delivered to him by the Clerk so as to enable him to prove its correctness.
XI.
If the service of the Summons has been personal, the Bailiff who served the same shall indorse on the Summons delivered to him by the Clerk the fact and mode of such Service; and if the Service has not been personal he shall indorse on the Summons the Statement which has been made by the Person to whom the Summons was delivered or other circumstances from which it may be inferred that the Service of the Summons has come to the knowledge of the Defendant, and, if the Summons has not been served, the Bailiff shall indorse thereon the fact and the reason of such non-service, and shall deliver it to the Clerk with the List of Summonses mentioned in the next Rule.
XII.
Before the day of holding any Court the Bailiff shall deliver to the Clerk a List of all Sum- monses on Plaints before Judgment, issued to him returnable at such Court, and such return shall state the mode of Service or the cause of non-service of each Summons, and the Bailiff shall, at the same time, deliver to the Clerk all Summonses and Copies that may remain in his hands.
XIII.
Where a Summons has not been served the Bailiff shall, at the time of the making out of the List aforesaid, give notice to the Plaintiff of the fact of such non-service in the Form specified in Schedule 1 to these Orders annexed. When the Plaintiff is a Chinaman a translation of the matter of the notice into the Chinese language shall be indorsed thereon.
XIV.
In the Book required to be kept by Rule IX the Bailiff shall enter every Warrant which he has been required to execute and shall state from time to time therein what he shall have done under cach Warrant and if the same be not executed within three days from the day of its delivery to him why it was not executed; and the Bailiff shall, at all reasonable times, give to a Suitor every information that he may reasonably require as to the Execution or Non-execution of any Warrait which has been issued at his instance.
XV.
When the Bailiff shall have received any Money by virtue of any Process issuing out of the Court, he shall, as soon as possible after the receipt thereof, pay over the same to the Clerk.
Plaint.
XVI
On the Application of any Person desirous to bring a Suit, the Clerk shall enter in a Book, to be kept for this purpose, in his Office, a Plaint in writing stating the Names and the last known places of abode of the parties and the Substance of the Action intended to be brought, every one of which Plaints shall be numbered in every Year aceording to the Order in which it shall be entered; and thereupon a Suminons, stating the Substance of the Action, and bearing the Number of the Plaint on the Margin thereof, shall be issued under the Seal of the Court. When the Defendant is a Chinaman a translation of the Matter of the Summons into the Chinese language shall be indorsed on the Summons,
XVII.
No Misnomer or inaccurate description of any Person or place in any Plaint or Summons shall vitiate the same if the Person or place be therein described so as to be commonly known.
Plaint Note.
XVIII.
At the time of entering the Plaint the Clerk shall give to the Plaintiff, his Attorney or Agent 3 Note under the Seal of the Court according to the Form specified in Schedule 2 to these Orders annexed; and no Money shall be paid out of Court to the Plaintiff, his Attorney or Agent unless on production of such Note, provided that in the event of such Note being lost or destroyed no
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Money shall be paid to any Person unless it be proved to the satisfaction of the Clerk that the Person applying is the Plaintiff or his Agent authorized in that behalf. When the Plaintiff is a Chinaman a translation of the Matter of the Plaint Note into the Chinese language shall be indorsed thereon.
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 sorved, 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 I'laintiff 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.
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 day, but no evidence to that effect shall be necessary in the cases specially mentioned in the last Three Rules.
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