Directory_and_Chronicle_1910 — Page 372

IN CHINA AND COREA

evidence before it that the service has come to the knowledge of the de- fendant before the return day, but no such evidence shall be necessary in the cases mentioned in Rules Nos. 109 (sections 4, 5, and 6) and

110.

Statute.

113. Whenever, by any Statute, provision is made for service of any Service in summons or other process upon any corporation, society, fellowship, or pursuance of any body or number of persons, whether corporate or otherwise, the sum- mons may be served in the manner provided.

summona lesa

405

114. When a summons has been served in one of the modes before where defen- mentioned, but is proved to have come to the knowledge of the defendant dant knows of less than five clear days before the return day, the action may, at the than five clear discretion of the Court, proceed or be adjourned, whether the defendant days before appears or not.

return day.

generally.

115. The foregoing Rules as to the mode, but not those as to the Service of time of service of summonses to appear to an action, shall apply to the suminonses mode of service of all summonses or other process whatsoever, except where otherwise directed by Statute or by these Rules.

116. No summons shall be renewed if the non-service has been caused Renewal of by the fact of the defendant having removed before the entry of the summons. action from the address given, or of the plaintiff having given a wrong or insufficient address; but in every such case a fresh action must be entered and a new summons issued.

Special Defences.

of others,

117. Where a plaintiff sues on behalf of others having the same in- Where plaintiff terest, the defendant may avail himself of any defence in respect of each sues on behalf of the persons on whose behalf the plaintiff is suing, which he would have had had such person been plaintiff.

dant desires to

others.

118.-(1.) When a defendant desires to defend on behalf of others Where defen- having the same interest, he shall, within seven clear days of the service defend on of the summons, apply to the Court for leave so to defend, and shall file behalf or an affidavit of the facts on which he relies to obtain such leave, together with the names, addresses, and occupations of such persons, and the Court may thereupon make an order for the defendant so to defend, and shall add the names to that of the defendant, and a copy of the order shall be personally served on each of such persons, and notice sent to the plaintiff.

(2.) The plaintiff, or any of the persons whose names have been so added, may at the trial object to the defendant defending on behalf of the persons included in the order, and the Court may, if it thinks fit, strike the name of all or any of such persons out of the proceedings, and order the defendant to pay such costs as it shall think fit.

special defence.

Form 46.

119.-(1.) When the defendant intends to rely upon any of the Notice of grounds of defence hereinafter mentioned, or upon any counterclaim, he shall file a notice stating therein his name and address together with a concise statement of such grounds two days before the return day of the summons; the Registrar shall thereupon send a copy of such notice and particulars to the plaintiff.

(2.) If this rule has not been complied with, and the plaintiff does not consent at the hearing to allow the defendant to avail himself of the special defence, the Court may adjourn the trial on such terms as it may think fit to enable the defendant to give the required notice.