CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1125
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.
40. When the action or other proceeding is against a lunatic or person of unsound mind not so found by inquisition, the document may, 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.
41. When the action or other proceeding is against a person residing out of the jurisdiction, but carrying on business in the Colony in his own name or under the name of a firm through a duly authorised agent, the document may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.
Service out of the jurisdiction.
H. K. Code,
42.-(1) Service out of the jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the court whenever-
(a) the whole subject-matter of the action is immovable property situate within the jurisdiction (with or without rents or profits); or
(b) 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
* As amended by Law Rev. Ord., 1924.
1
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1125
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.
40. When the action or other proceeding is against a Service on lunatic or person of unsound mind not so found by inquisition, lunatic. the document may, 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 Service on person residing out of the jurisdiction, but carrying on agent of business in the Colony in his own name or under the name out of of a firm through a duly authorised agent, the document jurisdiction. may be served by giving it to such agent, and such service s. 8 (7). shall be equivalent to personal service on the defendant.
Service out of the jurisdiction.
H. K. Code,
42.-(1) Service out of the jurisdiction of a writ of Service out summons or notice of a writ of summons may be allowed by of the the court whenever-
jurisdiction. O. 11, r. I. Schedule.
7, 8.
(a) the whole subject-matter of the action is immovable Forms Nos. property situate within the jurisdiction (with or without rents or profits); or
(b) 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
(e) 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
* As amended by Law Rev. Ord., 1924.
*
K
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