Directory_and_Chronicle_1877 — Page 710

CODE OF CIVIL PROCEDURE-HONGKONG.

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affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

10.-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.

11.--Whenever the service of Process by the sheriff shall be attended with expense, he shall not (except by order of the Court) be bound to effect the same, unless the reasonable expenses thereof shall have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause.

Suits to be commenced by Writ of Summons.

IX.-Subject to the provisions hereinafter contained as to the institution of special suits and proceeding in certain cases, all suits in the Supreme Court shall be commenced by a general writ of summons to be issued by the Registrar on the filing of a Præcipe for the same.

2.-The writ shall be prepared by the plaintiff, or his attorney, and shall specify the name, description, and place of abode of the plaintiff and of the defendant so far as they can be ascertained, the subject matter of the claim, and the relief sought for, and such writ shall be tested in the name of the Chief-Justice, and bear date the day whereon the same shall be sued out.

3.-Any alteration in the writ, without leave of the Court, and without being re-sealed before service, shall render the writ void.

4.-In case service of the writ shall not have been effected within six months from the date thereof, the same shall become void: Provided always that the Court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.

5. Nothing in this section contained shall be deemed to apply to proceedings which may now be heard on petition without preliminary service on any party, but all petitions shall be subject to the rules contained in section XXIV., so far as they are applicable to the subject matter thereof.

Of Summoning the Defendant.

X.-The plaintiff shall cause a copy of the writ of Summons to be served on the defendant, and such copy shall contain a Memorandum endorsed thereon requiring the defendant to enter an appearance to the suit within eight days from the day of such service, or in cases of service out of the jurisdiction, within such time as the court shall have ordered; and every such writ shall, within eight days after the service thereof, or in cases of service out of the jurisdiction, within such time as the Court shall have ordered, be returned into the Registrar's office with a memorandum endorsed thereon of the date and mode of service.

Appearance.

XI.-The defendant shall within eight days from the day of service upon him of the writ of summons, or in cases of service out of the jurisdiction, within such time as the Court shall bave ordered, cause an appearance to the suit to be entered for him in the Supreme Court.

2. In all cases of service of a writ of summons out of the jurisdiction, the entry of appearance thereto shall specify the name and address of some attorney, agent, or other person within the jurisdiction on whom substituted service of all further process against the defendant in the suit may be effected while the defendant remains out of the jurisdiction, and in default thereof, the Court may proceed with the suit as if no appearance had been entered.

Consequence of Non-Appearance.

XII.-If the defendant shall fail to enter an appearance within the time hereinbefore limited in that behalf, and it shall be proved to the satisfaction of the Court that the writ was duly served, the Court may give leave to the plaintiff to proceed with the suit ex parte. The plaintiff may thereupon file his petition and apply forthwith to have the cause set down for hearing.

2.-If the defendant enter an appearance at any time before the hearing of the suit, he may, upon such terms as the Court may direct as to the payment of costs