Directory_and_Chronicle_1917 — Page 467

RULES OF SUPREME COURT IN CHINA

resides, or under whose care he is. But the Court may order the service on the infant himself shall be good service.

(2) A lunatic-service shall be effected by delivering the summons to his committee, if he has one, or, if not, to the person with whom he resides or under whose care he is.

(3) Partners sued in the name of their firm-service shall be effected either upon any one or more of the partners, or by delivering the sum- mons to any person at the principal place of business of the partnership, who, at the time of the service, apparently has the control or management of the partnership business there; but if the partnership has to the knowledge of the plaintiff been dissolved before the commencement of the action, service must be effected upon every person within the juris- diction sought to be made liable.

(4) A person living or serving on board any ship, or vessel, or hulk— service shall be effected by delivering the summons to any person on board, who, at the time of service, is apparently in charge of the ship, vessel, or hulk.

(5) A prisoner in gaol-service shall be effected by delivering the summons to the Governor, or any person appearing to be head officer in charge.

(6) A corporation-service shall be effected by delivering the sum- mons to a secretary or clerk of the defendants within the ordinary juris- diction of the Court.

110.-(1) When a defendant keeps his house or place of dwelling when service or of business closed in order to prevent the service of the summons, it prevented. shall be sufficient service to affix the summons on the door of the house or place of dwelling or of business.

(2) When the Marshal is prevented by the violence or threats of the defendant, or of any other persons in concert with him, from person- ally serving the summons, it shall be sufficient service to leave the sum- mous as near to the defendant as practicable.

111. Where it appears to the Court (either after or without an substituted attempt at personal service) that for any reason personal service cannot Service. be conveniently effected, the Court may order that service be effected, Forms 43-45. either-

(a) By delivery of the summons to some adult inmate at the usual or last known place of abode or business of the person to be served; or

(b) By delivery thereof to some person being an agent of the person to be served or to some other person within the jurisdiction of the Court on its being proved that there is reasonable probability that the document will, through that agent or other person, come to the knowledge of the person to be served; or

(c) By advertisement in such newspaper as the Court may order; or (d) By notice put up at the Court or at some other place of public resort within the jurisdiction of the Court.

Provided that where the person to be served is not within the limits of the Principal Order, an order under this Rule shall not be made by a Provincial Court, except such order as is authorized by paragraph (b).

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112. When the summons, though not served personally, has been where service delivered at the house or place of dwelling or business of the defendant, has not been and he does not appear in person or by his legal practitioner or agent on the return day, the action may proceed, if the Court is satisfied on the

personal.

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