698533-1873-Code-of-Civil-Procedure- — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

Court there is a reasonable Probability that the Docu-

ment and Order served will come to the Knowledge of

the Person to be served; or

(e.) By Advertisement in some Newspaper circulating with- Advertisement..

in the Colony; or

(d.) By Notice put up at the Court House, or at some other Notice affixed.

Place of public Resort, or at the usual or last known

Place of Abode or Business of the Person to be served, within the Colony.

Servants.

4. When the Defendant is in the Service of the Government, the Service on Court may transmit a Copy of the Document to be served, to the Government Head Officer of the Departinent in which the Defendant is employ- 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.

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, and Con-.

panies. Secretary, or other Principal Officer, or by leaving it at the Office of the Corporation or Company.

and Com- 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 Aetion 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 20.1 to receive any Affidavit or Statutory Declaration of such Service having been effected as primâ 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) he 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 ses, all Summons.. Suits in the Supreme Court shall be commenced by a general Writ of Summons to be issued by the Registrar on the Fling 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. the Plaintiff and of the Defendant so far as they can be ascer- prepared. tained, the Subject Matter of the Claim and the Relief sought for, and such Writ shall be tested in the Name of the Cliief Justice and bear Date the Day whereon the same shall be sued

o it.

3. Any Alteration in the Writ, without Leave of the Court, Not to be nl- and without being re-sealed before Service, shall render the tered without Writ void.

Leave.

Writ.

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 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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