698533-1873-Code-of-Civil-Procedure- — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

PART I.

FROM THE INSTITUTION OF A SUIT TO

THE HEARING.

CHAPTER I.

Register of Suits,

By whom Proceedings may be instituted.

Court may

THE

NSTITUTION OF SUITS.

Register of Civil Suits.

VI. The Registrar shall keep a Book called the Register of Civil Suits, which shall be in the Form contained in the Schedule to this Code, or as near thereto as Circumstances permit, and shall contain the Entries specified in the said Form, and every Suit or Proceeding, however instituted under the Provi- sions of this Code, shall be numbered in each Year according to the Order in which the same shall be commenced.

Attorneys and Agents.

VII. Every Person doing any Act, or taking any Proceeding in the Court as Plaintiff, or otherwise, must do so in his own Name and not otherwise, and either by himself or by his Attorney, Procurator, or Agent thereunto lawfully authorised in writing.

2. Where such Act is done, or Proceeding taken by an Attorney, order Autho- Procurator, or Agent, the Court may order that the Power of Copy thereof, Attorney, or Instrument constituting the Procurator or Agent, or an authenticated Copy thereof, be filed in the Court before or at the Commencement of, or during the Proceedings.

rity to sue, or

to be filed.

When the Original must be filed,

Terms of Authority.

Proceeding without Authority.

Dies non.

Personal Service.

Service on Attorney.

Other Modes of Service.

On Inmate of Abode, &c.

Substituted Service.

3. Where the Authority is special and has Reference only to the particular Proceeding to be taken, the Original Document itself must be filed; but where the Authority is general or has Reference to other Matters in which the Attorney, Procurator, or Agent is empowered to act, an authenticated Copy of such Docu- ment may be filed.

4. The Authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the Person professing to act thercon has such Authority as he claims to exercise.

5. Any Person doing any Act or taking any Proceeding in the Court in the Name or on behalf of another Person, not being law- fully authorised thereunto, and knowing himself not to be so authorised, shall be deemed guilty of a Contempt of Court.

Service of Process.

VIII. No Service in a Civil Suit shall be made on Sunday, Christmas Day, or Good Friday.

2. Unless in any Case the Court thinks it just and expedient otherwise to direct, Service shall be personal, that is, the Docu- ment to be served shall be delivered into the Hands of the Person to be served: Provided always, that where the duly authorised Attorney of the Person to be served shall undertake to accept Service on behalf of his Client, Service upon such Attorney shall be equivalent to personal Service on the Client, and all further Service in the Suit or Proceeding, may be made by delivering the Instrument to be served to such Attorney, or by leaving the same at his Place of Business.

3. Where it appears to the Court that for any Reason personal Service of a Writ, Petition, Notice, Summons, Decree, Order, or other Document of which Service is required cannot be conve- niently effected, the Court may order that Service be effected either :-

(a.) By Delivery of the Document to be served, together with the Order for Service, to some Adult Inmate at the usual or last known Place of Abode or Business within the Colony of the Person to be served; or

(b.) By Delivery thereof to some Agent within the Colony of the Person to be served, or to some other Person within the Colony through whom it appears to the