Directory_and_Chronicle_1901 — Page 327

IN CHINA AND JAPAN

269

251. Any person doing any act or taking any proceeding in the Court Person proceed- in the name or on behalf of another person, not being lawfully authorised ing without thereunto, and knowing himself not to be so authorized, is guilty of a authority. contempt of Court.

252.-Revoked.

Plaintiff out of Jurisdiction

253. Where a plaintiff, whether suing alone or suing jointly, is out Place for of the jurisdiction of the particular Court, or is only temporarily resident service, within it, he must file in the Court, at or before the commencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be served on him.

He must also give security for costs and fees by deposit, or by bond Security for in the penal sum of 500 dollars.

The Court may at any time during the suit or proceeding, either on its own motion or on the application of any defendant, order him to give further or better security for costs and fees, and may direct proceedings to be stayed in the meanwhile.

Service

costs.

254. Service of a petition, notice, summons, decree, order, or other How to be document of which service is required by these Rules, or according to the made. 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 an- nexed to the documents to be served.

255. Unless in any case the Court thinks it just and expedient other- Personal service. wise to direct, service shall be personal,-that is, the document to be served shall, together with the order for service (indorsed, subscribed, or annexed), be delivered into the hands of the person to be served.

256. Where it appears to the Court (either with or without any at- Other service. tempt at personal service) that for any reason personal service cannot be conveniently effected, 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 ageut 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- Service out of diction, except under an order for that purpose made by the Court within jurisdiction. whose jurisdiction service is to be made, which order 1

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 Variation of respect to the mode of service directed by the order, as occasion order. requires.