5110-1906-Bills-read-a-first-time--Code-of-Civil-Procedure-Amendment- — Page 3

THE HONGKONG GOVERNMENT GAZETTE, SEPT. 7, 1906.

(c.) any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or

(d.) the action is for the admimistration of the personal estate of any deceased person who at the time of his death was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, which ought to be executed according to the law of the Colony; or (c) the action is founded on any breach or alleged breach within the jurisdiction of any contract wherever made, which, according to the torms thereof, ought to be performed within the jurisdiction; or () any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof; or (.) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdie-

tion.

(2.) Every application for leave to serve such 0. XI. r. 4.

writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the applica- tion is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this section.

N

(3.) Any order giving leave to effect such service O. XI, r. 5,

or give such notice shall limit a time after such service ΟΡ notice within which such defendant is to enter an appearance, such time to depend on the place and country where or within which the writ is to be served or the notice given.

(4.) When the defendant is neither a British_0. XI. n.

subject nor in British dominions, notice of

the writ, and not the writ itself, is to be served upon him.

(5.) Where leave is to be given under sub-sections 0. XI. r. 7.

(1.) and (4.) of this section to serve notice of a

writ of summons out of the jurisdiction, such notice shall be served in the manner in which writs of summons are served.

(6) Writs of summons in Probate Actious, [0. XI. v. 3. Öriginating Summonses, and any other initial Irish Judi- proceeding, may be served, or notice thereof cature Act given, as the case may require, out of the 1877: jurisdiction by leave of the Court, and the provisions of the articles of the Code dealing with service of writs out of the jurisdiction shall apply thereto in so far as

may be necessary."

40&41 Vict. c. 57 s. 33.

7. The following section shall be added to the Principal Service Code, and shall be numbered 42a :--

"12A.—Where leave is given to serve noties of a writ of summons or other document, in any foreign country to which Order XI, Rule 8 of the Orders and Rules of the High Court of Judicature in England known as Rules of The Supreme Court 1883 has by order of the Lord

abroad. 0. XI. r. S.

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