Directory_and_Chronicle_1901 — Page 367

CODE OF CIVIL PROCEDURE-HONGKONG

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4.-The authority, whether general or special, must be distinct and Terms of clear, so as to satisfy the Court that the person professing to act thereon Authority. has such authority as be claims to exercise.

Authority.

5.-Any person doing any act or taking ary proceeding in the Court Proceeding in the name or on behalf of another person, not being lawfully authorised without thereunto, and knowing himself not to be so authorised, shall be deemed guilty of contempt of Court.

Service of Process

VIII. No service in a Civil Suit shall be made ou Sunday, Christmas Dies non. day, or Good Friday.

Service.

2. Unless in any case the Court think it just and expedient other- Personal wise to direct, service shall he personal, that is, the document to be served shall be delivered into the hands of the person to be served: Provided always that where the duly authorised attorney of the person to be served shall undertake to accept service on behalf of his client, service upon such Service on attorney shall be equivalent to personal service on the client, and all Attorney. further service in the suit or proceeding may be made by delivering the instrument to be served to such attorney, or by leaving the same at his place of business.

of Service.

3. Where it appears to the Court that for any reason personal service Other Modes of a writ, petition, notice, summons, decree, order, or other document of which service is required cannot be conveniently effected, the Court may order that service be effected either:

(a.) By delivery of the document to be served, together with the On Inmate of

order for service, to some adult inmate at the usual or last Abode, &c. known place of abode or business within the Colony of the person to be served; or,

Service.

(b.) By delivery thereof to some agent within the Colony of the Substituted

person to be served, or to some other person within the Colony 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, (c.) By advertisement in some newspaper circulating within the Advertisement.

Colony; or,

(d.) By notice put up at the Court-House, or at some other place Notice affixed.

of public resort, or at the usual or last known place of abode or business of the person to be served, within the Colony.

Government

4.—When the defendant is in the service of the Government the Court Service on may transmit a copy of the document to be served to the head officer of the servants. department in which the defendant is employed, for the purpose of being served on him, if it shall appear to the Court that the document may be most conveniently so served.

Corporations

5. When the suit is against a British Corporation, or a Company on British authorised to sue and be sued in the name of an officer or trustees, the and Companies. document may be served by giving the same to any director, secretary, or other principal officer, or by leaving it at the office of the Corporation or Company.

6. When the suit is against a foreign Corporation or Company On Foreign having an office and carrying on business within the Colony, and such and Companies. suit is limited to a cause of action which arose within the jurisdiction, the document may be served by giving the same to the principal officer, or by leaving it at the office of such foreign Corporation or Company within the Colony.

Corporations

7.--When the suit is against a defendant residing out of the jurisdic- On Defendant's- tion, but carrying on business in the Colony in his own name, or under Agent within the name of a firm through a duly authorised agent, and such suit is

the Colony.