700
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Date and teste of writ. H.K. Code, s. 9 (2).
Leaving of copy of writ. O. 5, r. 12.
Filing and marking of copy of writ. O. 5, r. 13.
Sealing and issue of writ. O. 5, r. 11.
Writ or notice for service out of jurisdiction. O. 2, r. 4.
Alteration in writ. H.K. Code, s. 9 (3).
Duration and renewal of writ. H.K. Code, s. 9 (4). O. 8, r. 1.
Evidence of renewal of writ. O. 8, r. 2.
9. The writ shall bear date on the day on which it is issued, and shall be tested in the name of the Chief Justice.
10.-(1) The plaintiff or his solicitor shall, on presenting the writ for sealing, leave with the Registrar a copy of the writ and all the indorsements thereon.
(2) Such copy shall be signed by or in the name of the plaintiff's solicitor or by the plaintiff if he sues in person.
11. The Registrar shall file the copy of the writ, and an entry of the filing thereof shall be made in the Cause-Book, and the action shall be distinguished by the date of the year and a number.
12. The writ shall be signed by the Registrar and sealed with the seal of the court, and shall thereupon be deemed to be issued.
13. No writ for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the court.
14. Any alteration in the writ before service, without the leave of the Registrar or of the court, shall render the writ void.
15. (1) If service of the writ has not been effected within twelve months from the date thereof, the writ shall become void: Provided that the court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.
(2) A writ so renewed shall remain in force and be available to prevent the operation of any enactment whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ.
16. The production of a writ of summons purporting to be sealed with the seal of the court, showing the same to have been renewed in manner aforesaid, shall be sufficient evidence for all purposes of its having been so renewed and of the commencement of the action as, on the date of the original issue of the writ.
700
No. 3 of 1901.,
CODE OF CIVIL PROCEDURE.
Date and
teste of writ. H.K. Code, s. 9 (2).
Leaving
of copy of writ. 0. 5, r. 12.
Filing and marking of copy of writ.
0. 5, r. 13.
Sealing and
issue of writ.
0. 5, r. 11.
Writ or notice for
service out of jurisdic- tion. 0. 2, r. 4.
Alteration
in writ.
H.K. Code, 8. 9 (3).
Duration and renewal of writ.
H.K. Code, 8. 9 (4). 0. 8, r. 1.
Evidence of renewal of writ.
0.8, r.
2.
·
9. The writ shall bear date on the day on which it is issued, and shall be tested in the name of the Chief Justice.
10.-(1) The plaintiff or his solicitor shall, on presenting the writ for sealing, leave with the Registrar a copy of the writ and all the indorsements thereon.
(2) Such copy shall be signed by or in the name of the plaintiff's solicitor or by the plaintiff if he sues in person.
11. The Registrar shall file the copy of the writ, and an entry of the filing thereof shall be made in the Cause-Book, and the action shall be distinguished by the date of the year and a number.
12. The writ shall be signed by the Registrar and sealed with the seal of the court, and shall thereupon be deemed to be issued
13. No writ for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without the leave of the court.
14. Any alteration in the writ before service, without the leave of the Registrar or of the court, shall render the writ void.
15. (1) If service of the writ has not been effected within twelve months from the date thereof, the writ shall become void: Provided that the court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.
(2) A writ so renewed shall remain in force and be available to prevent the operation of any enactment whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ.
16. The production of a writ of summons purporting to be sealed with the seal of the court, showing the same to have been renewed in manner aforesaid, shall be sufficient evidence for all purposes of its having been so renewed and of the commence- ment of the action as, on the date of the original issue of the writ.
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