22817-1911-Supplementary-Bill-to-be-read-a-first-time--Code-of-Civil-Procedure-Amendment — Page 6

196

#P. Adds

forms to the

schedule.

(ie.) Where an official certificate or declaration, transmitted to the Supreme Court in man- ner provided in the last sub-section, certifies or declares that efforts to serve a notice of writ have been without effect, the Court or a Judge may, upon the cæ parte applica- tion of the plaintiff, order that the plaintiff' be at liberty to bespeak a request for substituted service of sneh notice. Such order shall be in form 2g in the schedule with such variations as the circumstances may require.

(r.) A request for substituted servicc of a notfee of writ under this section may be bespoken by the plaintif at the Registry upon filing a præcipe in form 2 in the schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmit- ted to the Colonial Serretary in manner aforesaid together with a request in form 27 in the schedule.

(9.) Where in any evil or commercial matter pending before a Court or Tribunal of a Foreign country a letter of request from such Court or Tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desir- able that effect should be given to the same. the following procedure shall be adopted :- (2.) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English lan- guage.

(7) Service of the process or citation shall be

effected by the bailiff.

(77.) Such service shall be effected by delivers ing to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the Court regulating service of process.

(fe.) Alter service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service veritied by notarial certificate, and particulars of charges for the east of effect- ing such service.

(r.) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Colonial Secretary,

(ri.) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a ver- tificate appended thereto duly sealed with the seal of the Court. Such certificate shall be in form 24 in the schedule. (rii.) Upon the application of the Crown So- Heitor with the consent of the Attorney General, the Cour or a Judge may make all such orders for substituted service or otherwise as may be necessary to give effect to this section.“

29. The forms in the schedule shall be added to the schedule of the Code of Civil Procedure, according to the blunders given to thư,