196373-1933-Order-made-by-the-Chief-Justice-under-section-709-2-of-the-Code-of-Civil-Procedure — Page 1

28 THE HONG KONG GOVERNMENT GAZETTE, JANUARY 20, 1933.

NOTICES.

No. 46.

Order made by the Chief Justice under section 709 (2) of the Code of Civil Procedure on the 20th day of January, 1933.

1. The following forms in the Schedule to the Code of Civil Procedure are amended by the deletion in each case of the words "inclusive of the day of such service" and the substitution therefor of the words "exclusive of the day of such service":

Form No. 1.

Writ of summons.

Specially indorsed writ of summons

Form No. 2.

Form No. 3.

Originating summons inter partes.

Form No. 4.

Originating summons not inter

partes.

Form No. 7.

Writ of summons for service out of

the jurisdiction.

Form No. 8. Specially indorsed writ of summons for service out of the jurisdiction.

2. The following form in the said Schedule is amended by the deletion of the words "inclusive of the day of such receipt" and the substitution therefor of the words "exclusive of the day of such receipt":

Form No Sa

Notice of writ in lieu of service to

be given out of the jurisdiction.

Courts of Justice,. Hong Kong,

(Sd.) J. H. KEMP,

Chief Justice.

the 20th day of January, 1933.

NOTE:--Section 46 of the Code gives a defendant "8 days from the day of service" to enter an appearance. This means 8 clear days, i.e., 8 days exclusive of the day of service: see section 701 (1). The forms of writ in the Schedule, however, contain the words "inclusive of the day of such service." This is in accordance with the English practice but is in conflict with the above section of the Code.

In 0. J. 231 of 1928 the writ a specially indorsed writ, was served on the 30th August, 1928. Judgment in default of appearance was obtained on the 7th September, the eight days from service being taken as being eight days inclusive of the day of service, in accordance with the wording of the writ. This judgment was set aside on the 14th September, 1928, on the ground that it had been obtained before the expiration of the time limited for appearance by the defendants.

Forms Nos. 1 and 2 in the Schedule are therefore being amended by the deletion of the words "inclusive of the day of such service,' and the substitution therefor of the words "exclusive of the day of such service."

There is no such conflict in the case of the other forms dealt with in this order, but it is thought advisable to make the method of computation of the days for appearance uniform throughout the forms scheduled in the Code. It is not overlooked that in Admiralty Jurisdiction the time for appearance is one week after the service of the writ, exclusive of the day of such service, and that in Probate