1901_CODE_OF_CIVIL_PROCEDURE — Page 10

A.D. 1901.]

CODE OF CIVIL PROCEDURE.

[No. 3.

infant.

39. When the action or other proceeding is against an infant, the Service on document may be served on his father or guardian or, if there is no 0.9.4. father or guardian, then on the person with whom the infant resides or under whose care he is: Provided that the Court may order that service made or to be made on the infant shall be deemed good service.

661

etc.:

40. When the action or other proceeding is against a lunatic or Service on person of unsound mind not so found by inquisition, the document may, lunatic, unless the Court otherwise orders, be served on the committee of the lunatic or on the person with whom the person of unsound mind resides or under whose care he is.

defendant

41. When the action or other proceeding is against a person residing Service on out of the jurisdiction, but carrying on business in the Colony in his residing own name or under the name of a firm through a duly authorized agent, out of the document may be served by giving it to such agent, and such etc.

jurisdiction, service shall be equivalent to personal service on the defendant.

42.-(1.) Service out of the jurisdiction may be allowed by the Service out (vd.36/1$ 25 (2)

of the Jurisdiction

Court whenever----

ervice out

H. K. Code,

s. 8 (7.)

tion.

Schedule:

(a.) the whole subject-matter of the action is immovable property 0.11 r. 1.

situate within the jurisdiction (with or without rents or profits); Forms Nos.

or

(5.) any act, deed, will, contract, obligation, or liability affecting immovable property situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action; or (c.) any relief is sought against any person domiciled or ordinarily

resident within the jurisdiction; or

(d.) the action is for the administration 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

(e.) the action is on a contract and the cause of action has arisen

within the jurisdiction; or

(f) 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

(g.) 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 jurisdiction.

7. and 8.

(2.) Every application for leave to serve a writ of summons on a 1b. r. 4. defendant out of the jurisdiction shall be supported by affidavit or other.

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