5110-1906-Bills-read-a-first-time--Code-of-Civil-Procedure-Amendment- — Page 2

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1558

THE HONGKONG GOVERNMENT GAZETTE, SEPT. 7, 1906.

Short title.

Construction.

Repeal of section 4 of the Principal Code and new section substituted therefor.

Fuglish Rules of Practice to apply in

certain cases.

l'epeal of

section 18

of the

Principal

Code and new

section sub-

A BILL

ENTITLED

An Ordinance to amend the Code of Civil

Procedure.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Code of Civil Procedure (Amendment).

2. This Ordinance and the Code of Civil Procedure hereinafter called the Principal Code shall be read and construed together as one Ordinance,

3. Section 4 of the Code of Civil Procedure hereinafter called the Principal Code is hereby repealed and the follow- ing section is substituted instead thereof :--

which Ho

"4. In all eases with respect to

provision is made by this Code, and in every ense where the provision made is inadequate, 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 such modification as the circumstances may require.”

4. Section 13 of the Principal Code is hereby repealed and the following section is substituted instead thereof :-

stituted

therefor.

Writ for service out of jurisdic- tion.

0. H. v. 4.

Repeal of sub-section

"13.-No writ of summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the Court."

5. Section 25 sub-section (2.) of the Principal Code is hereby repealed and the following section is substituted (2.) of section instead thereof :-

25 of the

Principal

Code and

new sub-

section sub-

stitnted

therefor.

Concurrent

wait for

service out within and with t jurisjetion. O. VI. r..

Repeal of

25.- (2.) A writ for service within the juris- diction may be issued and marked as a con- current writ with one for service, or whereof notice in lieu 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."

6. Section 42 of the Principal Code is hereby repealed seerim 42 of and the following section is substituted instead thereof :---

the Principal

Code and

new section substituted therefor.

Service out of jurisdie tion.

Q. XI. P. 1.

42.-(1.) Service out of the jurisdiction of a writ of summons, or notice of a writ of summons, may be allowed by the Court, unless the case falls within the provisions of Ordinance No. 1 of 1851, whenever,-

() the whole subject-matter of the action is immovable property situate within the jurisdiction (with or without rents or profits); or

(6.) any act, deed, will, contract, obligation, or liability affecting immovable pro- perty situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action; or