Directory_and_Chronicle_1877 — Page 709

Directories & Chronicles 香港指南 All

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CODE OF CIVIL PROCEDURE-HONGKONG.

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 authorise, shall be deemed guilty of a contempt of Court.

Services 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 person to be served: Provi led 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 instrument 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 so 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-house, 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.

4. When the defendant is in the service of the government, the Court may transmit a copy of the document to be served to the head officer of the department in which the defendant is employed, for the purpose of being served on him, if it sball appear to the Court that the document may be most conveniently so served.

5. When the suit is against a British Corporation, or a Company authorised to sue and be sued in the name of an officer or trustees, the document may be served by giving the same to any director, secretary, or other principal officer, or by leaving it at the office of the Corporation or Company.

6. When the suit is against a foreign Corporation or Company having an office and carrying on business within the Colony, and such suit is limited to a cause of action which arose within the jurisdiction, the document may be served by giving the same to the principal officer, or by leaving it at the office of such foreign Corporation or Company within the Colony.

7. When the suit is against a defendant residing out of the jurisdiction, but carrying on business in the Colony in his own name, or under 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 document may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.

8.-The Court may direct service to be made out of the jurisdiction 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.

9. In every case in which the Court shall direct service to be made out of the jurisdiction, it shall be lawful for the Court, in its discretion, to fix the time within which an appearance shall be entered by the defendant and to give any other directions with reference to such service which it may think fit, and to receive any

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