Directory_and_Chronicle_1896 — Page 334

Service out of

294

CODE OF CIVIL PROCEDURE-HONGKONG

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 the jurisdiction. in all cases in which the Court is satisfied by affidavit or otherwise that the

suit is limited to a cause of action which arose within the jurisdiction.

Court may make special Orders in

respect thereof [See 8.8. 11 &

29.]

Orders may be varied.

Expenses of Service.

Writ of Summons.

Its Contents, and by whom prepared,

Not to be altered

9. In every case in which the Court shall direct service to be made out of the jurisdiction, it shall be lawful for the Court, in its discretion, to fix the time within which an appearance shall be entered by the defend- ant, and to give any other directions with reference to such service which it may think fit, and to receive any 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 Bailiff shall be attended with expense, he shall not (except by direction of the Registrar or by order of the Court) be bound to effect the same, unless the reasonable ex- penses 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 institu- 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.

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 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 without Leave, being re-sealed before service, shall render the writ void.

Limitation and Renewal of Writ.

Proceedings

by Petition

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 tine.

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

Service of Writ,

Time for Appearance.

On 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 memo- randum 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 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.