inserting once in the London Gazette, and once in each of the following newspapers, namely, the Times and the Daily News, an advertisement in the form set forth in the Schedule hereto be deemed good service of the said re-amended originating summons upon the Deft E. C.

Form of Advertisement of Originating Summons.

To E. C. of &c.

SCHEDULE.

Take notice that on the day of an originating summons was issued in the action of B. v. P., 1887, B. 3508, amended on the day of, 1887, and re-amended on the day of, 1887; That by such summons as re-amended A. P. and yourself, as executrix of your late husband, F. C., were required to attend at the Chambers of the Judge upon the application of the Plt R. B.; That the security by deposit of &c., and the charge by an order dated &c., made in an action of B. v. P., 1885, B. 4606, created in favour of the Plt on 500 shares of the Deft A. P. in The &c. Co. might be enforced by sale of the said shares or by foreclosure; And that all consequential directions might be given.

And take notice that by an order of Mr. Justice S., dated &c., It was ordered that the service of the said re-amended summons by leaving a copy of the same, together with a copy of the said order, at the office of Messrs. G., solrs, situate at &c., and by sending a copy of the said re-amended originating summons and a copy of the said order in a registered letter addressed to you to the care of &c., at &c., and by publication of this notice once in the London Gazette, and once in each of the following newspapers, namely, the Times and the Daily News, should be deemed good service of the said re-amended originating summons upon you.

And take notice that Mr. Justice S., the Judge to whom the said action is assigned, has fixed Tuesday, the day of, at 11.30, as the time at which the said A. P. and you are to attend at his Chambers in the Royal Courts of Justice upon such application; And that if you do not then attend either in person or by your solr such order will be made and proceedings taken as the Judge may think just and expedient; And before you can be heard in Chambers you will have to enter an appearance at the Central Office in the Royal Courts of Justice, London, and give notice of such appearance.-Bowman v. Pleydell, Stirling, J., 29 July, 1887, A. 1221.

6. Leave to Issue and Serve Concurrent Writ out of the Jurisdiction -0. 11, 4, 5; 0. vi, 1, 2; 0. xI, 5; 0. LII, 14.

For form of order, see R. S. C., App. K., No. 21. This order need not be drawn up in the Ch. D., and where leave is given by the Judge at Chambers, the following is put on the writ:

Let this writ be issued with liberty to serve it, or if a foreigner,

notice of it on the Deft at in the kingdom of -. The time for the Deft to enter an appearance is to be days after service.

Any necessary directions are at the same time inscribed on the writ: Stigand v. S., 19 Ch. D. 460; D. C. F. 150, 151; Dan. 292.

7. Leave to serve Writ or Notice out of the Jurisdiction-0.xı, 1, 4, 6.

UPON the application of &c., who alleged that, pursuant to leave granted on &c., the Plt has issued a writ of summons against the above-named Deft, and that he has a good cause of action against the said Deft, in respect of certain premises situate at (the cause of action must arise within O. XI, 1) &c., and that the said Deft is [or is not] a British subject, and is resident, or may probably be found at, in the (kingdom) of, as by the affidavit of &c. appears, and upon reading the said affidavit, It is ordered that the Plt be at liberty to serve the said writ [or, if not a British subject, notice of the said writ], together with a copy of this order, on the Deft, at or elsewhere in the said kingdom of —; and the time within which the Deft is to cause an appearance to be entered to the said writ is to be days from such service. See Pattison v. Stockwell, V.-C. M. at Chambers, 15 June, 1878, B. 1202.

For table, as settled by the Registrars, of times to be limited for entering appearance after service out of the jurisdiction of writ or notice of writ, see Ann. Pr.

As a general rule double the time ordinarily taken to reach the Deft's place of residence is allowed for appearing.

For order where Deft, ex jur. had been added in the District Registry, see Re Chambers, Hutchinson v. Town, 19 Jan. 1883, A. 382.

8. Leave to serve Writ in Scotland or Ireland-0. x1, 2, 4, 5.

UPON the application of &c. [usual allegation that Plt has a good cause of action (Form 7), and that Deft is a British subject, and resident in Scotland or Ireland], and it appearing to the Judge that there is no convenient remedy in Scotland (or Ireland) [or that although there is a concurrent remedy in Scotland (or Ireland), yet having regard to the comparative cost and convenience of proceedings in England or in Scotland (or Ireland) (under the provisions of the statutes establishing or regulating the Sheriffs' Courts or Small Debts Courts in Scotland or in Ireland under the Civil Bill Courts), it will be for the benefit of all parties that this action should proceed in this Court], Let the Plt be at liberty to serve the said writ, together with a copy of this order, on the Deft at &c.; And the time within which the Deft is to cause an appearance to be entered to the said writ is to be days from such service.

The words in the last round brackets are to be used only in actions for small demands.

9. Notice of Proceedings to be served Abroad.

UPON motion &c. by counsel for A. B. & Co., who alleged that C. D., who is to be served with notice of motion for an order directing the Comptroller-General of Patents, Designs, and Trade Marks, to proceed in due course with the above-mentioned application for registration &c., is resident at &c., Let notice of the proceedings for registration of the trade mark, No. &c., be sent by post in a registered letter to the said C. D. at &c., And let the said motion stand over until &c., in order that C. D. may appear and apply to be heard on the said motion should he think fit.-Re Bancroft, &c. Trade Mark, Stirling, J., 16 Dec. 1887, A. 1809.

10. Order for Service on Infant Defendant-0. Ix, 4.

UPON the application [or upon motion] &c., It is ordered that service of the writ of summons in this action by delivering a copy thereof, together with a copy of this order, to the Deft B., who is an infant of the age of years and upwards, be deemed good service on the said infant.

11. Service effected on Infant Defendant to be deemed good Service

on the age of

O. IX, 4.

UPON the application [or upon motion] &c., and it appearing by the affidavit of &c. that a copy of the writ of summons in this action was, day of, delivered to the Deft B., who is an infant of the years and upwards, It is ordered that the service of the said writ so effected be deemed good service on the said infant Deft, and that a copy of this order be forthwith served on the said infant Deft, and the time for entering an appearance is to be eight days after such service.

For forms of summons, &c. see D. C. F. 53, 54.

12. Leave to issue Third-party Notice of Claim to be indemnifiedO. XVI, 48.

UPON the application of the Defts H. and E., and upon hearing the solrs for the applicants and for the Plts, and upon reading the writ issued in this action on &c., the statement of claim and the statement of defence of the Deft F., It is ordered that the Defts H. and E. be at liberty to issue a notice claiming to be indemnified by T. and E., pursuant to O. XVI, 48, of the Rules of the Supreme Court.— Fothergill v. Hankey, V.-C. M. at Chambers, 17 Dec. 1877, A. 2133.

For further forms, v. inf. Vol. III. pp. 2142, 2143.

For subsequent order allowing T. to defend the action, see inf. Chap. III., Form 3.

For order giving leave to a third party to serve notice on other persons, see Williams v. Vane, Fry, J., 28 W. R. 276, 812; and that Plt will not be ordered to pay the costs of third and fourth parties, S, C., H, L. 32 W. R,

13. Substituted Service of Petition-O. LXVII, 6.

UPON motion &c., by counsel for A. &c. [petitioners], and upon reading &c. [evidence of grounds of application], This Court doth order that service of the petition on the day of -, preferred unto this Court by the said, having the order of this Court thereon, that all parties should attend the Court on the said petition, on the day of -, by delivering a copy thereof, together with a copy of this order, to &c., at &c. [state mode of service to be adopted], be deemed good service of the said petition on C. &c. [respondents] in the petition named.

14. Petition to stand over, with Leave to amend by adding Respondent and to effect substituted Service on him.

THE petition of A. &c. standing this day in the paper for hearing, and the Petr by his counsel applying for leave to amend the said petition by adding B. as a party respondent thereto, and upon reading an affidavit of &c. [grounds of application for substituted service], This Court doth order that the said petition be amended accordingly: And it is ordered that the said petition do stand over till the day of And it is ordered that service of the said petition as so amended, by leaving a copy thereof, together with a copy of this order, with &c., at &c., be deemed good service upon the said B.

15. The like, adding Respondent out of Jurisdiction. [Proceed as in last form], and it appearing by the affidavit of &c., filed &c., that the said B. is now resident at in the (kingdom) of and upon reading the said affidavit, This Court doth order that the said. petition be amended accordingly; And it is ordered that the hearing thereof stand over until the

day of

-.

A day must be fixed which will allow a sufficient interval before the day to which the petition is adjourned.

As to service of petition out of the jurisdiction, see notes, inf. p. 18.

In Re British Imperial Co., V.-C. H., 15 May, 1877, A. 83; 5 Ch. D. 749, leave was given to serve a summons in a winding-up matter out of the jurisdiction, and a time was fixed for appearance as on the like service of a writ of summons. See also Hunter v. Brooke, V.-C. H. at Chambers, 16 Feb. 1875, A. 223.

16. Leave to serve Writ issued in the Chancery of the County Palatine of Lancaster out of the Jurisdiction of that Court-17 & 18 V. c. 82, 8. 8.

UPON motion &c. by counsel for the Plt, who alleged that the Plt, on the day of -, pursuant to leave granted, issued a writ of summons out of the Court of Chancery of the County Palatine of Lancaster against the Defts P., B., and C., and that the said Defts P. and B. reside at in the county of, and that the said Deft C. resides at B. in the county of both of which places are out of the jurisdiction of the said Court, as by the affidavit &c. appears, and upon reading the said affidavit, This Court doth order that the Plts be at liberty to serve a copy of the said writ, together with a copy of this order, upon the said Defts P. and B.

at

aforesaid, and upon the said Deft C. at aforesaid, or elsewhere in England; and the time within which the said Defts are to appear to the said writ is to be eight days after service on them respectively. See Bostock v. Pearson, C. A., 29 Jan. 1879, B. 177; Thorn v. Taylor, C. A., 9 Nov. 1888, B. 1324.

Leave must first be obtained from the Vice-Chancellor of the Palatine Court to issue the writ for service ex jur.: Walker v. Dodds, 37 Ch. D. 188, C. A.

17. Service of Order of Palatine Court out of the Jurisdiction of that Court.

UPON motion &c. by counsel for the Plt, who alleged that, by an order dated &c., made in the Chancery of the County Palatine of Lancaster, It was ordered &c., that the said A. B. resides at &c. out of the jurisdiction of the said Court, Let the Plt be at liberty to serve the said order dated &c., together with a copy of this order, upon the said A. B., at &c.-Re Grant, Wales v. Jeffreys, C. A., 23 Dec. 1886,

A. 1763.

These orders, Forms 16 and 17, are obtained from the Court of Appeal under Jud. Act, 1873, s. 18 (2), by which are transferred all jurisdiction and powers of the Court of Appeal in Chancery of the County Palatine.

18. Substituted Service of Subpoena to name a New Solicitor in place of one Struck off the Rolls-O. LXVII, 2, 6.

UPON motion &c., and upon reading an affidavit of &c., Let service of a writ of subpoena to name a solr in the room of W. of &c., formerly solr to the Deft, but who was struck off the roll of solrs of the Supreme Court on &c. by an order dated &c., by leaving a copy of the said writ of subpoena, and of notice to the effect that in default of the Deft naming a solr in the room of the said W. the Plts will, without further notice, move for judgment in accordance with such notice, together with a copy of this order, with the Deft's wife at his residence at &c., and also by sending another copy of the said writ of subpoena, of the said notice, and of this order, through the post in a prepaid letter addressed to the Deft at &c., be deemed good service of the said writ of subpoena, and of the said notice of motion for judgment respectively upon the Deft.-Re Freeman, Hamilton v. Thomas, Chitty, J., 20 February, 1883, A. 266; W. N. (83) 31.

NOTES.

SERVICE GENERALLY.

Service must be personal, unless substituted or other service has been ordered under O. 1x, 2, except in the cases mentioned in rr. 3, 8, and 9 of that order, and O. XLVIIIA, 6, 7; and see Dan. 39, 40, 280 et seq.

The original writ need not be produced unless demanded, but if not shown on demand, the proceedings under it may be set aside: Phillipson v. Emanuel, 56 L. T. 858.

The mere handing of a writ in an envelope to a person who is not informed as to the nature of the document is not good personal service: Banque Russe v. Clarke, W. N. (94) 203; Dan. 281.

A writ of summons, though specially indorsed, is not a pleading within O. LXIV, 11, and may be served at any hour of the day: Murray v. Stephenson, 19 Q. B. D. 60.