CO129-164 - Sir Kennedy - 1873 [7-9] — Page 39

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I. C. 38.

S.R. 249-951.

S. R. 200.

S. R. 253.

S. R. 256.

CHAPTER I.

THE INSTITUTION OF SUITS.

Register of Civil Suits.

VI. The Registrar shall keep a book called the Register of Civil Suits, which shall be in the form contained in the first Schedule to this Code, or as near thereto as circumstances permit, and shall contain the entries specified in the said form, and every suit or proceeding however instituted under the Provisions of this Code, shall be num- bered in each year according to the order in which the same shall be commenced.

Attorneys and Agents.

VII. 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. 2. Where such act done or proceeding taken by an attorney, procurator, or agent, the Court may order that the power of attorney, or instrument constituting the pro- curator or agent, or any authenticated copy thereof, be filed in the Court before or at the commencement of, or during the proceedings.

3. Where the authority is special and has reference only to the particular proceed- ing to be taken, the original document itself must be filed; but where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

4. 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.

5. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorised thereunto, and knowing himself not to be so authorised, is guilty of a contempt of Court.

Service of Process.

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

2. Unless in any case the Court thinks it just and expedient otherwise to direct, service shall be personal, that is, the document to be served shall be delivered into the hands of the person to be served: Provided always, that where the duly authorised attorney of the person to be served shall undertake to accept service on behalf of his client, service upon such attorney shall be equivalent to personal service on the client, and all further service in the suit or proceeding, may be made by delivering the instru- ment to be served to such attorney or by leaving the same at his place of business.

3. Where it appears to the Court that for any reason personal service of a writ, petition, notice, summons, decree, order, or other document of which service is required cannot be conveniently effected, the Court may order that service be effected either:

(a) 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 Colony of the person to be served; or

(b.) By delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom 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

(c) By advertisement in some newspaper circulating within the Colony; or (d) By notice put up at the Court, or at some other place of public resort, or at the usual or last known place of abode or business of the person to be served, within the Colony.

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