712
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power to vary order for service.
H.K. Code, s. 8 (10). Expenses of service by the bailiff.
H.K. Code, s. 8 (11).
Service and return of writ.
H.K. Code, s. 10.
O. 9, r. 15.
H.K. Code, s. 10.
copy of the translation, to the party or person to be served in person by the bailiff.
(ii) No court fees shall be charged in respect of the service. The particulars of charges of the bailiff shall be submitted to the Registrar who shall certify the amount properly payable in respect thereof.
(iii) The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of the service in person, or indicating the reasons for which it has not been possible to effect it, and at the same time shall notify to the said consular or other authority the amount of the charges certified under paragraph (ii) hereof.
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.
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.
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.
(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.
(3) The writ shall, within eight days after the service thereof or, in case of service out of the jurisdiction, within such
3
712
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power to vary order for service.
H.K. Code, s. 8 (10). Exponses of service by the bailiff.
H.K. Code, s. 8 (11).
Service
and return
of writ.
H.K. Code, s. 10.
O. 9, r. 15.
H.K. Code,
s. 10.
copy of the translation, to the party or person to be served in person by the bailiff.
(ii) No court fees shall be charged in respect of the service. The particulars of charges of the bailiff shall be submitted to the Registrar who shall certify the amount properly payable in respect thereof.
(iii) The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of the service in person, or indicating the reasons for which it has not been possible to effect it, and at the same time shall notify to the said consular or other authority the amount of the charges certified under paragraph (ii) hereof.
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.
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.
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.
(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.
(3) The writ shall, within eight days after the service thereof or, in case of service out of the jurisdiction, within such
3
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