22817-1911-Supplementary-Bill-to-be-read-a-first-time--Code-of-Civil-Procedure-Amendment — Page 5

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(3.) Section 13 is repealed and replaced by the follow- 15. Amen.ts

ing -

* No writ for service out of the jurisdiction, or of which notice is to be given out of the juris- diction, shall be issued without leave of the Court.

section 13.

section 25.

(4.) Section 25 (2) is repealed and replaced by the 77, Amends following:

“A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service (or whereof notice in lien of service is to be given) out of the jurisdiction, and a writ for service (or whereof notice in lieu of service is to be given) out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction,”

(5.) In section 42, after the words "service out of the 5. Am nas jurisdiction" there shall be inserted the words "of a writ section 12. of summons ".

(6.) In section 42 (2), after the words “probably may Do. be found", there shall be inserted the words and whether such defendant is a British subject or not ",

28. The following farther paragraphs shall be added to

section 42

(6.) This section shall apply to writs of summons

in Probate actions.

(7.) The Court or a Judge may direct that any summious, order or notice shall be served on any party or person in a foreign country tand the procedure proscribed by this section with reference to giving notice of writ of summons shall apply to the service of any summons, order or notice so directed to be served.

(8.) Where leave is given to serve notice of a writ of summons, or other document, in any foreign Country to which Order XI rule S of the Rules of the Supreme Court in England has by onder of the Lord Chancellor been applied, the following procedure shall be adopted :-- (1.) The notice to be served shall be sealed with the seal of the Court and shall be forward- ed by the Judge to the Colonial Secretary, for fransmission to the Sceretary of State, gether with a copy thereof translated into the language of the country in which service is to be effected, and with a request that the necessary steps be taken for the further transmission of the same to the Government of the country in which leave 10 serve notice of the writ has been given. Such request shall be in form 2 in the schedule, with such variations as ciremu- stauces may require.

(ii) The party bespeaking a copy notice of writ for servieg under this section shall, at the time of bespeaking the same, flea præcipe in form 2 in the schedule.

(ill.) An official certificate, or declaration upon oath, or otherwise transmitted through the diplomatic channel by the Government or Court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the hotice of the writ to have been personally duly served upon the defendant in accord- ance with the law of such foreign country, or words to that offer, be deemed to be sufficient proof of such service, and shall be filed of record as, and be equivalent to, an affidavit of service within the require- ments of this section in that behall.

Do.

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