Directory_and_Chronicle_1882 — Page 653

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How to be made.

Personal service.

Other service.

Service out of

urisdiction.

Variation of order,

Hours for service.

Sundays and holydays.

Bail.

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RULES OF SUPREME COURT

Service.

254. Service of a petition, notice, summons, decree, order, or other document of which service is required by these Rules, or according to the course of the Court, shall be made by an officer of the Court, unless in any case the Court thinks fit otherwise to direct; and service shall not be valid unless it is made under an order of the Court (in writing under the seal of the Court), which may be either indorsed on or subscribed or annexed to the document to be served.

255. 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, t gether with the order of service (indorsed, subscribed, or annexed), be delivered into the bands of the person to be served.

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

(i.) 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 particular jurisdiction of the person to be served, or to some other person within the particular jurisdiction 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

(ii) 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

pubic resort within the particular jurisdiction.

257. Ordinarily serv ce shall not be made out of the particular jurisdiction, except under an order for that purpose made by the Court within whose juris liction 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 minuts 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 r. quires.

259. Service of a document not required to be served personally 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.

It made after that hour on Saturday, it shall be considered as made on the flowing Monday.

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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 Cour, after suit or other proceeding instituted, the Court may make an order to hold bim to bail, and may