O. III, rr. 1-3. 14 Address of plaintiff and indorsed. ORDER III. INDORSEMENT OF ADDRESS. 1. The solicitor of a plaintiff suing by a solicitor shall solicitor to be indorse upon the writ and notice in lieu of service of a writ [Cf. R. 134, (O)]. the address of the plaintiff, and also his own name or firm and place of business (within the jurisdiction), which latter address shall be the place where writs, notices, pleadings, petitions, orders, summonses, warrants, and other documents, proceedings, and written communications may be left for him. O. 4, r. 1, (E), am. Address for service. 15 Address for service of 2. A plaintiff suing in person shall indorse on the writ of plaintiff suing summons or notice in lieu of service of a writ of summons, his in person. [Cf. R. 135, (0)). place of residence and occupation, and also, if his place of residence is not within the jurisdiction another place within the jurisdiction to be called his address for service, where writs, notices, pleadings, petitions, orders, summonses, warrants, and other documents, proceedings, and written communications may be left for him. O. 4, r. 2, (E), am. 16 Application of rules where proceedings not com 3. In all cases where proceedings are commenced otherwise than by writ of summons, the preceding rules of this Order shall apply to the document by which such proceedings shall [Cf. R. 136, (0)]. be originated as if it were a writ of summons. O. 4, r. 4, (E). menced by writ. 18 Writ to be signed and ORDER IV. ISSUE OF WRITS OF SUMMONS. 1. In any action the plaintiff wherever resident may issue a writ of summons in any county. O. 5, r. 1 (E). 2. Every writ of summons shall be signed and sealed by sealed. the proper officer. O. 5, r. 11, (E), am. 19 Writ to be pre- 3. Writs of summons shall be prepared by the plaintiff or pared by plaintiff or his solicitor, and shall be written or printed, or partly written. solicitor. [Cf. R. 120. (O)]. and partly printed. O. 5, r. 10, (E). current writ. CONCURRENT WRITS. Issuing of con- 1. The plaintiff in any action may, at the time of or at any (Cf. R. 129, (O)]. time during twelve months after the issuing of the original writ of summons, issue one or more concurrent writ or writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked in the margin with the word concurrent ", and the date of issuing the concurrent writ: Provided always, that such concurrent writ or writs shall only be in force for the period during which the original writ in such action shall be in force. O. 6. r. 1, (E), am. 0. V. r. 2. 21 writs for service within and without tion. 2. A writ for service within the jurisdiction may be issued Concurrent and marked as a concurrent writ with one for service, or whereof notice in lieu of service is to be given, out of the the jurisdicjurisdiction; and a writ for service or whereof notice in lieu of [Cf. R. 130, (O)]. service is to be given, out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction. O. 6, r. 2, (E). ORDER VI. DISCLOSURE BY SOLICITORS. O. VI. 22 solicitor issued by him. [C. R. 143, (0)]. Every solicitor whose name shall be indorsed on any Disclosure by writ of summons shall, on demand in writing made by or on whether writ behalf of any defendant who has been served therewith or has appeared thereto, declare forthwith in writing whether such writ has been issued by him or with his authority or privity; and if such solicitor shall declare that the writ was not issued by him or with his authority or privity, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the Court or a Judge. O. 7, r. 1, (E). ORDER VII. RENEWAL OF WRIT. O. VII, r. 1. 23 in force for [Cf. R. 132, (O)]. 1. No original writ of summons shall be in force for more Original writ than twelve months from the day of the date thereof, includ- 12 months. ing the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may, before the expiration of the twelve months, apply to the Court or a Judge for leave to renew the writ; and the Court or Judge, if Renewal, etc. satisfied that reasonable efforts have been made to serve such defendant, or for other good reason, may order that the original or concurrent writ of summons be renewed for six months from the date of such renewal inclusive, and so from time to time during the currency of the renewed writ. And the writ shall in such case be renewed by being marked by O. VII, rr. 2-3. Effect of renewal. 24 Evidence of renewal. the Court or Judge with the day, month and year of such renewal; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute 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 of summons. O. 8, r. 1, (E), um. 2. The production of a writ of summons purporting to have [Cf. R. 133, (O)]. been renewed in manner aforesaid, shall be sufficient evidence of its having been so renewed, and of the commencement of the action as of the first date of such renewed writ for all purposes. O. 8, r. 2, (E), am. 25 Lost writ. O. VIII, rr. 1--2. 26 Undertaking to accept service. [Cf. R. 145, (O)]. 27 How service effected. 3. Where a writ, of which the production is necessary, has been lost, the Court or a Judge, upon being satisfied of the loss, and of the correctness of a signed and sealed copy thereof, may order that such copy shall be served in lieu of the original writ. O. 8, r. 3, (E), am. ORDER VIII. SERVICE OF WRIT OF SUMMONS. 1. No service of writ shall be required when the defendant, by his solicitor, undertakes in writing to accept service, and enters an appearance. O. 9, r. 1, (E). 2. (1) When service is required the writ shall, wherever [Cf. R. 146, (0)]. it is practicable, be served in the manner in which personal service is now made. 28 Service on defendant's wife or on adult inmate. (2) In case the defendant has a known place of abode within the jurisdiction, a writ of summons may be served at such place of abode by delivering a copy thereof to the wife of the defendant, or to an adult person residing in the house and being an inmate of the family of the defendant; provided that such last mentioned service shall not be deemed good without the order of the Court or a Judge to be made upon affidavit, showing the circumstances of such service, and that the place where such writ was served was at the time of such service the usual place of abode of such defendant, and that he was at the time of the service within the jurisdiction of the Court, according to the belief of the person serving such summons, stating his reasons for such belief. C. S. 1903, c. 111, s. 44. O. VIII, rr. 3-4. in business. (3) Where service of writ of summons out of the jurisdiction may be allowed under Order XI., r. 1 (1), and the defendant Service on whether a British subject or not, is carrying on business agent or clerk within the jurisdiction, but has no place of residence therein, [Cf. R. 147, (O)). service of such writ may be effected by leaving a copy of the same at the place of business of the defendant, with an agent or clerk, or other adult person in the employment of the defendant or defendants in such business, and known to the person serving the same as being an agent, clerk or person in the employment of the defendant in such business: Provided that no such service shall be deemed good Perfecting of without the order of a Judge, on satisfactory proof by affidavit of the nature and place of business carried on by the defendant within the Province, and the particular nature of the agency or employment of the person with whom the copy of process was left, and that the action is in respect of a matter or matters for which service of a writ of summons may be allowed under Order XI., r. 1 (1). See C. S. 1903, c. 111, s. 46, am. service. stituted (4) If it is made to appear to the Court or a Judge on Order for subaffidavit that the plaintiff is from any cause unable to effect service. [Cf. R. 146, (O)]. prompt personal service, or is unable to effect service under the provisions of either of the preceding sub-rules 2 and 3, the Court or Judge may make such order for substituted or other service, or for the substitution for service, of notice by advertisement or otherwise as seems just. See O. 9, r. 2, (E), am. 29 husband and 3. When husband and wife are both defendants to the Service on action they shall both be served unless the Court or a Judge wife. shall otherwise order. O. 9, r. 3, (E). [Cf. R. 151, (O)]. infant. 30 4. (1) When an infant is a defendant to the action, service Service on on his father or guardian, or if none, then upon the person [Cf. R. 152, (0)]. with whom the infant resides or under whose care he is, shall, unless the Court or a Judge otherwise orders, be deemed good service on the infant; provided that the Court or Judge may order that service made or to be made on the infant shall be deemed good service. O. 9. r. 4, (E). (2) Where the action is against an infant in respect of a personal tort, or for the recovery of money only, personal service upon the infant as in the case of an adult defendant shall be deemed good service. R. 154, (O), am. O. VIII, rr. 5-8. 31 Service on lunatic. 5. When a lunatic or person of unsound mind not so found by inquisition, is a defendant to the action, service on the [Cf. R. 157, (0)]. committee of the lunatic, or on the person with whom the person of unsound mind resides or under whose care he is, shall, unless the Court or a Judge otherwise orders, be deemed good service on such defendant. O. 9, r. 5, (E). 32 Service on corporation. (E)]. 6. When a corporation is a defendant to the action, service (Cf. O. 9, r. 8, shall, unless the Court or a Judge otherwise orders, be deemed good service if made upon the Mayor, Warden, President or other head officer, or on the Cashier, Treasurer, Manager, Secretary, Clerk or Agent of such corporation or of any branch or agency thereof in this Province; and any other person who within this Province manages, transacts or carries on any of the business of, or any business for any corporation whose chief place of business is without the limits of the Province, shall, for the purpose of being served as aforesaid be deemed an agent thereof. See R. 159, (O); C. S. 1903, c. 111, s. 45. 33 Service in action for re Service of a writ of summons in an action to recover covery of land. land may, in case of vacant possession, when it cannot otherwise be effected, be made by posting a copy of the writ upon the door of the dwelling-house or other conspicuous part of the property. O. 9, r. 9, (E). Indorsement on writ and affidavit of service by Sheriff. 8. Upon the delivery of a writ of summons at the office of any Sheriff, he or his deputy or clerk, shall indorse thereon Cr. R. 148, (0)1. the day it was so delivered, and shall immediately on the service thereof, return the same with an affidavit of service to the plaintiff's solicitor. C. S. 1903, c. 111, s. 48. O. IX. 35 Substituted service. 0. X. 36 Writ to be returned ORDER IX. SUBSTITUTED SERVICE. Every application to the Court or a Judge for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made. O. 10, (E). ORDER X. RETURN OF WRIT THROUGH SHERIFF'S OFFICE. Every writ of summons or process, whether served by the through Sher Sheriff or his deputy, or by any other person, shall be returned through the office of the Sheriff of the county in which iff's office. |