1128
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Schedule. Form No. 8d.
Service of process for foreign court: letter of request.
O. 11, r. 9.
Schedule. Form No. 8f. O. 11, r. 10.
Secretary in manner aforesaid together with a request in Form No. 8d in the Schedule, with such variations as circumstances may require.
Service of process for foreign tribunals.
42A. Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted :--
(i) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English language.
(ii) Service of the process or citation shall be effected by the bailiff.
(iii) Such service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the court regulating service of process.
(iv) After service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service verified by notarial certificate, and particulars of charges for the cost of effecting such service.
(v) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Colonial Secretary.
(vi) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a certificate appended thereto duly sealed with the seal of the court. Such certificate shall be in Form No. 8f in the Schedule.
(vii) Upon the application of the Crown Solicitor with the consent of the Attorney General, the court or a judge may make all such orders for substituted service or otherwise as may be necessary to give effect to this section.
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Page 16
1128
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Schedule. Form No. 8d.
Service of
process for foreign
court: letter of request.
0. 11, r. 9.
Schedule. Form No. 8f. O. 11, r. 10.
Secretary in manner aforesaid together with a request in Form No. 8d in the Schedule, with such variations as circumstances may require.
Service of process for foreign tribunals.
42A. Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted :--
(i) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English language.
(ii) Service of the process or citation shall be effected by the bailiff.
(iii) Such service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the court regulating service of process.
(iv) After service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service verified by notarial certificate, and particulars of charges for the cost of effecting such service.
(v) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges and certificate shall be forwarded to the Colonial Secretary.
(vi) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a certificate ap- pended thereto duly sealed with the seal of the court. Such certificate shall be in Form No. 8f in the Schedule.
(vii) Upon the application of the Crown Solicitor with the consent of the Attorney General, the court or a judge may make all such orders for substituted service or otherwise as may be necessary to give effect to this section.
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