5110-1906-Bills-read-a-first-time--Code-of-Civil-Procedure-Amendment- — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, SEPT. 7, 1906.

Repeal of

Chancellor been applied, the following procedure shall be adopted :

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(1.) The notice to be served shall be sealed with the seal of the Supreme Court for use out of the jurisdiction, and shall be forwarded by the Judge to the Colonial Secretary, for transmis- sion to His Majesty's Principal Seere- tary of State for the Colonies, together 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 to serve notice of the writ has been given. Such request shall be in such form as may hereafter be prescribed. (2.) The party bespeaking a copy notice of writ for service under this section shall, at the time of bespeaking the same, file a præcipe in such form as may hereafter be prescribed.

(3.) An official certificate or declaration upon oath, or otherwise transmitted through the diplomatic channel by the Govern- ment or Court of a foreign country to which this section applies, to the Supreme Court of Hongkong shall, provided that it certifies or declares the notice of the writ to have been personally served, or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, 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 Code in that behalf.

(4.) Where an official certificate or declara- tion, transmitted to the Supreme Court of Hongkong in manner provided in sub-section (3) of this section certifies or declares that efforts to serve a notice of writ have been without effect, the Court may, upon the ex parte appli- cation of the plaintiff, order that the plaintiff be as liberty to bespeak a request for substituted service of such notice. Such order shall be in such form as may hereafter be prescribed. (5.) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry of the Supreme Court, upon filing a præcipe in form to be here- after prescribed, and the notice of writ and copy of the same, and the order shall be scaled and transmitted to the Colonial Secretary in manner aforesaid together with a request in form to be hereafter prescribed.”

8. Section 45 of the Principal Code is hereby repealed section 45 of and the following section is substituted instead thereof :-

the Principal

Code and new

section sub-

stituted therefor.

Service and return of writ. 11. K. Code s. 45 verbally amended.

45.-(1.) The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a memorandum indorsed thercon requiring the defendant to enter an appearance to the action within eight days from the day of such service, or, in the case of a writ for service, or whereof notice in lien of service is to be given, out of the jurisdie-

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