Directory_and_Chronicle_1906 — Page 412

336

Person proceed- ing without authority.

Place for Bervice.

Security for

costa.

How to be made,

Personal service.

Other service.

Service out of jurisdiction.

Variation of order.

RULES OF SUPREME COURT

251. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorised thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

252.-Revoked.

Plaintiff out of Jurisdiction

253. Where a plaintiff, whether suing alone or suing jointly, is out of the jurisdiction of the particular Court, or is only temporarily resident 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 an i fees by deposit, or by bond 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

254. Service of a petition, notice, summons, decree, order, or other document of which service is required by these Rules, or according to the 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- 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- tempt at personal service) that for any reasou personal service cannot be conveniently effected, the Court may order that service be effected either—

(i) by delivery of the document to be servel, 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 agent 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- diction, except under an order for that purpose made by the Court within whose jurisdiction service is to be made, which order may 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 respect to the mode of service directed by the order, as occasion requires.