Directory_and_Chronicle_1887 — Page 828

Service out of jurisdiction.

Variation of order.

Hours for service.

Sundays and holydays.

Bail.

Discretion of Court.

Security for costa.

Pauper plain; defendant

Counsel cr

attorney for pauper.

84

RULES OF SUPREME COURT

(ii.) by delivery thereof to some agent within the particular juris- diction 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 (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 particular juris- diction, 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 personally must be made before five o'clock in the evening.

If made after that hour on any day but Saturday, it shall be consi- dered 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 order to hold him to bail, and may require of him such security as seems fit for his remaining within the particular juris- diction, and abiding by and performing 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 proceeding therein are in the discretion of the Court; but the 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, notwith- standing 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 party to any suit or proceeding, either at the commencement 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 pauperis on being satisfied of his poverty, and that he has prima facie a cast proper for some relief in the Court; and may admit any person to defend in forma pauperis on being satisfied of his poverty.

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