Directory_and_Chronicle_1894 — Page 318

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 ag nt, 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.

[860 s.s. 11 &

9. In every case in which the Court stall direct service to be made Court may

make special 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 ant, and to give any other directions with reference to such service which it 29.] may think fit, and to receive any affi lavit or statutory declaration of such service having been «ffected as prima facie evidence thereof.

be varied.

10.—Any o der 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.

Summoss.

Suits to be commenced by Writ of Summons. IX.-Subject to the provisions hereinafter contained as to the institu- Writ of tion of special suits and proceedings 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 præcipe for the same.

and by whom

2.-The writ shall be prepared by the p'aintiff, or his attorney, and Its Contents, 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 shall be attested 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 Not to be altered being re-sealed before service, shall render the writ void.

without LearO,

Writ.

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 e

Renewal of that the Court may, before the expiration of the then current period, in its disc etion, 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 neard on peti ion 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 appearance to the suit within eight days from the day of such s rvice, or, in cases of service out of the jurisdiction, within such time as the Cou t 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 sha'l 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 ap appearance to the suit to be entered for him in the Supreme Court.