22817-1911-Supplementary-Bill-to-be-read-a-first-time--Code-of-Civil-Procedure-Amendment — Page 10

500

FORM No. 2g.

ÖRDER TO BESPEAK REQUEST FOR SERVICE ABROAD. (Title, $e.)

Upon reading the [certificate, declaration, or, as the case may be, describing the sume.]

It is ordered that the plaintiff be ar Eberty to bespeak a request for substituted service of notee of the writ of summons herein on the defendant

"

at

or elsewhere in the [name of country] and that the said defendant have

days after such substituted service within which to enter appearance.

Dated this

day of

FORM No. 24.

10

CERTIFICATE OF SERVICE OF FOREIGN PROCESS.

Master of the Supreme Court o Judicature in Eugland hereby certify that the documents annexed hereto are as follows :--

(1) The original letter of request for service of process received from the Court or Tribunal

in the

at

the matter of

Persus

f

in

and:

(2) The process received with such letter of request.

and:

(3.) The evidence of service upon

the

person named in such letter of request, together with the verification of a Notary Public,

And I Certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the English Supreme Court regulating the service of English legal process in England, and the proof thereof.

And I Certify that the cost of effecting such service, as duly certified by the Taxing of the English Supreme Court, amounts to the sum of

Dated this

day of

199

Objects and Reasons,

Clanse 2 authorises a verbal alteration which does not affect the legal meaning. Clause 3 amends section 4 of the Principal Ordinance which is in the following terms; "In all cases in respect to which no provision is made by this Code, the Rules of Practice for the time being in force in the Supreme Court in England shall be deemed to be in force in the Court, subject to their applicability and with sneh modifications as the circumstances may require." The principal object of the amendment is to give the Legislative Council a greater measure of control than they have at present over the introduction into the Code (which is a legislative patchwork of the English Practice and the old repealed Hongkong Code) of new English rules of procedure, Clause 4 carries out the evident intention of section 36, not effected owing to an error in drafting. Companies registered in Great Britain are foreigu so far as Hongkong is concerned and are dealt with by section 37, and companies like the Basel Mission (see Ordinance No. 2 of 1896) are clearly intended to be governed by the procedure under section 36. Clause 5 substitutes procedure by sumunons for procedure by motion in applications to set aside writs and thereby saves costs. Clause 6 authorises the deletion of muneccssary words without effecting a change in the law. Clause 7 gives the word “estate the meaning assigned to it by the

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