CO129-109 - Public Offices - 1865 — Page 131

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}

Other service.

Service out of

jurisdiction.

Variation of order.

Hours for service.

Sundays and Holydays.

Bail

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256. Where it appears to the Court (either with or without any attempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either-

(1.) 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

(ii) by delivery thereof to some agent within the par- ticular jurisdiction of the person to be served, or to some other person within the particular jurisdiction through whoin 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 newspaper circulating

within the particular jurisdiction; or

(iv.) by notice put up at the Court, or at some other

place of public resort within the particular jurisdiction. 257. Ordinarily service shall not be made out of the par- ticular jurisdiction, except under an order for that purpose made by the Court within whose jurisdiction service is to be made, which order may be made on the request of any other Court, and shall in each case direct in which of the modes above-mentioned service is to be effected.

Where, however, the urgency or other peculiar circumstances of the case appear to any Court so to require (for reasons to be recorded in the minutes of proceedings), the Court may order that service be made out of the particular jurisdiction.

258. Any order for service may be varied from time to time with respect to the mode of service directed by the order, as occasion requires.

259. Service of a document not required to be served per- sonally must be made before five o'clock in the evening.

If made after that hour on any day but Saturday, it shall be considered as made on the following day.

If made after that hour on Saturday, it shall be considered as made on the following Monday.

260. No service in a civil suit shall be made on Sunday, Christmas Day, or Good Friday,

Absconding Defendant.

261. Where the Court is satisfied by evidence on oath that there is good reason to believe that a defendant means to abscond in order to avoid the process of the Court, after suit or other proceeding instituted, the Court may make an

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order to hold him to bail, and may require of him such security as seems fit for his remaining within the particular jurisdiction, and abiding and performing by any decree or order to be made in the suit or proceeding, and for costs and fees.

Costs.

262. The costs of the whole suit and of each particular Discretion of proceeding therein are in the discretion of the Court; but the Court. Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the suit generally, although the Court may order him, notwithstanding his success in the whole suit, to pay the costs occasioned by any particular proceeding therein.

263. The Court may, if in any case it seems fit, require any Security for party to any suit or proceeding, either at the commencement costs. or at any time during the progress thereof, to give security for costs to the satisfaction of the Court by deposit or otherwise.

Paupers.

264. The Court may admit any person to sue in forma Pauper pauperis on being satisfied of his poverty and that he has prima plaintiff : facie a case proper for some relief in the Court; and may admit defendant. any person to defend in formâ pauperis on being satisfied of his poverty.

pauper.

265. If in any case the Court thinks fit to assign a counsel Counsel or or attorney to assist a person admitted to sue or defend in attorney for forma pauperis, the counsel or attorney so assigned may not refuse his assistance, unless he satisfies the Court of some good reason for refusing.

266. If a pauper gives or agrees to give any fee, profit, Pauper dis- recompense, or reward for the despatch of his business in Court paupered for

he shall be deemed guilty of a contempt of Court, and he shall giving fee: also be forthwith dispaupered, and shall not be afterwards admitted again in that suit to sue or defend in forma pauperis.

267. A person admitted to sue or defend in forma pauperis or for insuffi- may be dispaupered by order of the Court, on its appearing that cient poverty. he was not when admitted, or no longer is, of sufficient poverty,

or that he is abusing his privilege by vexatious proceedings.

Computation of Time.

268. Where by these Rules, or any special order, or the course Days.

of the Court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the com- putation of such limited time does not include the day of such date or of the happening of such event, but commences at the beginning of the next following day, and the act or proceeding

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