SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 415
4. When the Defendant is in the Service of the Government, the Service on
Soldiers.
Court
may transmit a Copy of the Document to be served, to the Government Head Officer of the Department in which the Defendant is employ. Servants. ed, for the Purpose of being served on him, if it shall appear to the Court that the Document may be most conveniently so served. If the Defendant be an Officer or Soldier, the Court shall transmit Officers, and a Copy of the Document to the Commanding Officer of the Corps to which the Defendant belongs, for the Purpose of being served on him. The Officer to whom the Document is transmitted, after causing the same to be served on the Person to whom it is ad- dressed, if practicable, shall return it to the Court with the written Acknowledgment of such Person endorsed thereon. If from any Cause the Document cannot be served upon the Person to whom it is addressed, it shall be returned to the Court with Information of the Cause which has prevented the Service. In such Case, the Court shall adopt such other Means of serving the Document as it may deem proper.
and Com-
5. When the Suit is against a British Corporation, or a Company On British authorised to sue and be sued in the Name of an Officer or Trustees, Corporations the Document may be served by giving the same to any Director, Secretary, or other Principal Officer, or by leaving it at the Office panies. of the Corporation or Company.
and Coin- panies.
6. When the Suit is against a foreign Corporation or Company On foreign having an Office and carrying on Business within the Colony, and Corporations such Suit is limited to a Cause of Action which arose within the Jurisdiction, the Document may be served by giving the same to the Principal Officer, or by leaving it at the Office of such foreign Corporation or Company within the Colony.
7. When the Suit is against a Defendant residing out of the On Defendant's Jurisdiction, but carrying on Business in the Colony in his own Agent within Name, or under the Name of a Firm through a duly authorised the Colony. Agent, and such Suit is limited to a Cause of Action which arose within the Jurisdiction, the Document may be served by giving it to such Agent, and such Service shall be equivalent to personal Service on the Defendant.
8. The Court may direct Service to be made out of the Juris- Service out of diction in all Cases in which the Court is satisfied by Affidavit or the Jurisdic- otherwise that the Suit is limited to a Cause of Action which tion. arose within the Jurisdiction.
Orders in respect thereof,
9. In every Case in which the Court shall direct Service to Court may be made out of the Jurisdiction, it shall be lawful for the Court, make special in its Discretion, to fix the Time within which an Appearance shall be entered by the Defendant and to give any other Direc- [see ss. 11 tions with reference to such Service which it may think fit, and & 29.] to receive any Affidavit or Statutory Declaration of such Service having been effected as prima facie Evidence thereof.
be varied.
10. Any Order for Service may be varied from Time to Time Orders may with respect to the Mode of Service directed by the Order, as Occasion requires.
11. Whenever the Service of Process by the Sheriff shall be Expenses of attended with Expense, he shall not (except by Order of the Service. Court) be bound to effect the same, unless the reasonable Ex- penses thereof shall have been previously tendered to him by the Party requiring such Service: and such Expenses shall be Costs in the Cause.
Suits to be commenced by Writ of Summons.
IX. Subject to the Provisions hereinafter contained as to the Writ of Institution of special Suits and Proceedings in certain Cases, all Summons. Suits in the Supreme Court shall be commenced by a general Writ of Summons to be issued by the Registrar on the Filing of
a Præcipe for the same.
2. The Writ shall be prepared by the Plaintiff, or his Attorney, Its Contents and shall specify the Name, Description and Place of Abode of and by whom
prepared. the Plaintiff and of the Defendant so far as they can be ascer- tained, the Subject-matter of the Claim and the Relief sought for, and such Writ shall be tested in the Name of the Chief Justice and bear Date the Day whereon the same shall be sued
out.
3. Any Alteration in the Writ, without Leave of the Court, Not to be al- and without being re-sealed before Service, shall render the tered without. Writ void.
Leave.
4. In Case Service of the Writ shall not have been effected Limitation and within Six Months from the Date thereof, the same shall become Renewal of
Writ. void: Provided always that the Court may before the Expiration of the then current Period, in its Discretion, from Time to Time renew the "Operation of the Writ for a further Period not ex- 'ceeding Six Months at One Time.
without
5. Nothing in this Section contained shall be deemed to Proceedings apply to Proceedings which may now be heard on Petition by Petition without preliminary Service on any Party, but all Petitions Answer. shall be subject to the Rules contained in Section XXIV so far as they are applicable to the subject matter thereof,
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