CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1129
Variation of order for service, etc.
43. Any order for service may be varied by the court with respect to the mode of service directed by the order, as occasion may require.
H. K. Code, s. 8 (10).
44. Where the service of process by the bailiff will be attended with expense, he shall not (except by direction of the Registrar or by order of the court) be bound to effect the same, unless the reasonable expenses thereof have been previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause or matter.
H. K. Code, s. 8 (11).
Summoning defendant.
45.-(1) The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to enter an appearance to the action within eight days from the day of such service, or, in case of service out of the jurisdiction, within such time as the court may have ordered.
H. K. Code, s. 10.
(2) The person serving the writ shall, within three days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default; and every affidavit of service of the writ shall mention the day on which the indorsement was made. This sub-section shall apply to substituted as well as other service.
O. 9, r. 15.
(3) The writ shall, within eight days after the service thereof, or, in case of service out of the jurisdiction, within such time as the court may have ordered, be returned into the Registry and filed therein.
H. K. Code, s. 10.
Appearance of defendant.
46. The defendant shall, within eight days from the day of service on him of the writ of summons or, in case of service out of the jurisdiction, within such time as the court may have ordered, cause an appearance to the action to be entered for him in the Registry.
H. K. Code, s. 11. Schedule. Form No. 9.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1129
Variation of order for service, etc.
vary order
43. Any order for service may be varied by the court Power to with respect to the mode of service directed by the order, as for service. occasion may require.
H. K. Code, s. 8 (10).
bailiff.
44. Where the service of process by the bailiff will be Expenses of attended with expense, he shall not (except by direction of service by the the Registrar or by order of the court) be bound to effect H. K. Code, the same, unless the reasonable expenses thereof have been $.8 (11). previously tendered to him by the party requiring such service; and such expenses shall be costs in the cause or
matter.
Summoning defendant.
return of writ.
s.
45.-(1) The plaintiff shall cause a copy of the writ of Service and summons to be served on the defendant, and such contain a memorandum indorsed thereon requiring the H. K. Code,
shall copy defendant to enter an appearance to the action within eight . 10. days from the day of such service, or, in case of service out of the jurisdiction, within such time as the court may have ordered.
(2) The person serving the writ shall, within three days 0.9, r. 15. at most after such service, inderse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default; and every affidavit of service of the writ shall mention the day on which the indorsement was made. This sub-section shall apply to substituted as well as other service.
(3) The writ shall, within eight days after the service H. K. Code, thereof, or, in case of service out of the jurisdiction, within 8. 10. such time as the court may have ordered, be returned into the Registry and filed therein.
Appearance of defendant.
H. K. Code,
46. The defendant shall, within eight days from the day Appearance of service on him of the writ of summons or, in case of in general. service out of the jurisdiction, within such time as the court s. 11. may have ordered, cause an appearance to the action to be Schedule. entered for him in the Registry.
Form No. 9.
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