Directory_and_Chronicle_1893 — Page 323

CODE OF CIVIL PROCEDURE-HONGKONG

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limited to a cause of action which arose within the jurisdiction, the docu- ment 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 Service out of in all cases in which the Court is satisfied by affidavit or otherwise that the the jurisdiction. suit is limited to a cause of action which arose within the jurisdiction.

make special

[See 8.8. 11 &

9. In every case in which the Court shall direct service to be made Court may out of the jurisdiction, it shall be lawful for the Court, in its discretion, Orders in to fix the time within which an appearance shall be entered by the defend- respect thereof aut, and to give any other directions with reference to such service which it 29.] may think fit, and to receive any affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

be varied.

10. Any oder for service may be varied from time to time with Orders may respect to the mode of service directed by the order, as occasion. requires.

Service.

11. Whenever the service of Process by the Sheriff shall be attended Expenses of with expense, he shall not (except by order of the Court) be bound to effect the sam, 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.

Writ of

IX. Subject to the provisions hereinafter contained a to the institu- Summons. tion of special suits and proceedings in certain cases, all suit in the Supreme Court shall be comm nced by a general writ of summons to be issued by the Registrar on the filing of præcipe for the same.

Its Contents,

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

without LeSTO.

3. Any alteration in the writ, without leave of the Court, and without Not to be altc-ed being re-sealed before service, shall render the writ voil.

Renewal of

4.In case service of the writ shall not have been effected within six Limitation and months from the date thereof, the same shall become void: Provided always writ, 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 tine.

by Petition

5.-Nothing in this section contained shall be deemed to apply to Proceedings proceedings which may now be heard on petition without preliminary ser- without Answer. vice 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.

On Summoning the Defendant.

X.-The plaintiff shall cause a copy of the writ of summons to be Service of Writ, served on the defendant, and such copy shall contain a Memorandum endorsed thereon requiring the defendant to enter an app arance 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, with such time as the Court shall have o dered, be returned into the Registrar's office with a memo- randum endorsed thereon of the date and mode of service.

Appearance.

Appearance.

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