O. LXXIII, rr. 3-7. 940 Service where or no address for service. [Cf. R. 330, (O)]. 3. When no appearance has been entered for a party, or when a party or his solicitor, as the case may be, has omitted no appearance to give an address for service as required by Orders III. and XII., all writs, notices, pleadings, orders, summonses, warrants and other documents, proceedings, and written communications, in respect of which personal service is not requisite, may be served by filing them with the proper officer. O. 67, r. 4, (E). 941 Manner of personal service. 942 Service by mailing to solicitor. [R. 331, (O)]. 943 Substituted service. [Cf. R. 334, (O)]. 944 Service upon solicitor of party previously person. [R. 336, (O)]. 4. Where personal service of any writ, notice, pleading, order, summons, warrant or other document, proceeding, or written communication is required by these Rules or otherwise, the service shall be effected as nearly as may be in the manner prescribed for the personal service of a writ of summons. O. 67, r. 5, (E). 5. Where at the time of attendance to serve any paper or document, the office of the solicitor for the party upon whom the service is sought to be made is closed, or no one is in attendance therein for receiving papers or documents served, service of the paper or document may be effected by mailing the same at any time during the same day, addressed to the solicitor, at his office, by registered letter, postage prepaid, and the service shall be deemed to have been effected at the time of the attendance for that purpose at the office of the solicitor. 6. Where personal service of any writ, notice, pleading, summons, order, warrant, or other document, proceeding, or written communication is required by these Rules or otherwise, and it is made to appear to the Court or a Judge that prompt personal service cannot be effected, the Court or Judge may make such order for substituted or other service, or for the substitution of notice for service by letter, public advertisement, or otherwise, as may be just. O. 67, r. 6, (E). 7. Where a party having sued or appeared in person has given notice in writing to the opposite party or his solicitor, through a solicitor, that such solicitor is authorized to act in the cause or matter on his behalf, all writs, notices, pleadings, summonses, orders, warrants, and other documents, proceedings, and written communications which ought to be delivered to or served upon the party on whose behalf the notice is given shall thereafter be delivered to or served upon such solicitor. O. 67, r. 7, (E). APPLICATION OF RULES IN CROWN AND MATRIMONIAL CASES. 261 O. LXXIII, rr. 8, 9. 945 8. Where a person who is not a party appears in any proceeding, either before the Court or in Chambers, service upon Service upon the solicitor by whom such person appears, whether such solicitor of solicitor act as principal or agent, shall be deemed good service, party. except in matters requiring personal service. O. 67, r. 8, (E). 9. person not a 946 service. Affidavits of service shall state when, where, and how Affidavits of and by whom, such service was effected. O. 67, r. 9, (E). ORDER LXXIV. APPLICATION OF RULES IN CROWN AND MATRIMONIAL CASES. O. LXXIV, rr. 1-3. 947 excepted from 1. Subject to the provisions of this Order, nothing in these Proceedings Rules, save as expressly provided, shall affect the procedure or Rules. practice in any of the following causes or matters: (a). Criminal proceedings; (b). Proceedings on the Crown side of the Court; [Cf. R. 4, (O)]. 948 of certain proceedings 2. The following Orders shall, as far as they are applicable, Application apply to all civil proceedings on the Crown side of the Court, Orders to civil including mandamus and prohibition, and also to quo on Crown side warranto: namely, (a). Order XXIX. (Amendment); (b). Order XXXIV. (Special case); (c). Order XXXVII. (Affidavits); (d). Order LX. (Motions); (e). Order LXVII. (Appeals); (f). Order LXIX. (Time); (g). Order LXX. (Costs); (h). Order LXXII. (Notices, etc.); (i). Order LXXV. (Non-compliance); Provided that Order LXVII shall not apply to quo warran to. O. 68, r. 2, (E). 949 prohibition. 3. Where pleadings in prohibition are ordered, the plead- Pleadings in ings and subsequent proceedings, including judgment and assessment of damages, if any, shall be, as nearly as may be, the same as in an ordinary action for damages. O. 68, r. 3, (E). 0. LXXV, rr. 1-4. ORDER LXXV. 950 Non-compliance with Rules not to render pro [Cf. RR. 309, EFFECT OF NON-COMPLIANCE. 1. Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render ceedings void. any proceedings void unless the Court or a Judge shall so 310, (0); see O. direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court or Judge shall think fit. O. 70, r. 1, (E). 65, r. 27, ante]. 951 When application to set aside for irregularity to be made. [R. 311, (O)]. 9.52 Objections to be stated in [R. 362, (O)]. 2. No application to set aside any process or proceeding for irregularity shall be allowed unless made within reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity. O. 70, r. 2, (E), am. 3. Where an application is made to set aside proceedings summons, etc. for irregularity, the several objections intended to be insisted upon shall be stated in the summons or notice of motion. 0. 70, r. 3, (E). Costs. 953 O. LXXVI, r. 1. 954 4. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs. O. 70, r. 4, (E). ORDER LXXVI. INTERPRETATION OF TERMS. Application of 1. The provisions of the Interpretation section of the section in Act. principal Act shall apply to these Rules. Interpretation Interpretation of terms. In the construction of these Rules, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned or referred to shall have or include the meanings following: "Person" includes a body corporate or politic; "Sheriff" includes deputy-sheriff, coroner, and other person discharging the duties of sheriff in the particular case, or for the time being; "Solicitor" includes attorney; "Plaintiff," "defendant," and "party," include bodies cor- "Heretofore" means prior to the coming into force of "Receiver" includes consignee or manager appointed by or under an order of the Court; "Taxing officer" refers to and includes the Registrar and "The principal Act", or "this Act" means the Supreme am. O. LXXVI, r. 2. 955 2. In these Rules, unless repugnant to the context, the Number. singular number shall include the plural, and the plural number shall include the singular. O. 71, r. 2, (E). ORDER LXXVII. GENERAL RULES. 0. LXXVII, 956 Orders not 1. No Order or Rule annulled by any former Order shall be Repealed revived by any of these Rules, unless expressly so declared. revived. O. 72, r. 1, (E). 957 of present 2. Where no other provision is made by the principal Act Continuation or these Rules, the present procedure and practice remain in practice. force. O. 72, r. 2, (E). [R. 3, (O)]. 958 3. The Forms contained in the Appendices hereto shall be Forms. used with such variations or modifications as circumstances may require; but any variance therefrom not being in matter of substance, shall not affect their regularity. R. 1224, (O). 959 office of Chief 4. During the period of any vacancy in the office of Chief Vacancy in Justice, or, in his absence, these Rules shall operate as if the Justice. words for senior Judge of the Supreme Court of Judicature" were inserted after the words "Chief Justice" whenever used. EDWARD THE SEVENTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, &c. We command you, That within ten days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of A. B.; And take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence. N. B. This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards. |