SERVICE of Writ (within the Jurisdiction) Ord. IX.—continued. r. 1). By Reg. Gen. Hil. T. 1853, r. 3, an attorney was liable to attachment for not entering an appearance in pursuance of his undertaking. (But now see Ord. 12, r. 14). In cases where personal service is required, the writ is to be served in the manner in which personal service was effected, where that is practicable; but if made to appear to Court or Judge that plaintiff is from any cause unable to effect prompt personal service, the Court or Judge may make an order for substituted or other service, or for notice (Ord. 9, r. 2). Every application for substituted service under the last-mentioned rule must be supported by affidavit, setting forth the grounds upon which the application is made (Ord. 10). ["The application," says Mr. Daniell," is made by ex parte motion, and must be supported by an affidavit, showing what efforts have been made to serve the defendant, and that all practicable means of doing so have been exhausted (Firth v. Bush, 9 Jur., N. S. 431), and how substituted service is proposed to be effected." The affidavit must also show "means of knowledge."] The person serving writ is, within 3 days thereafter, to indorse on the writ the day of the week and month of such service, otherwise the plaintiff will not be entitled to sign judgment in default; and every affidavit of service of such writ is to mention the day on which such indorsement was made (Ord. 9, r. 13). Notice in lieu of service is to be served in the same manner as writ is served (Ord. 11, r. 5). Service on husband and wife. When they are both defendants, service on husband is to be deemed good service on wife; but Court or Judge may order SERVICE of Writ (within the Jurisdiction) Ord. IX.-continued. wife to be served with or without service on husband (Ord. 9, r. 3). [Mr. Daniell says: "If the husband is abroad, and cannot be served, and the subject-matter of the suit arises in right of the wife, the plaintiff may obtain on ex parte motion, supported by affidavit, an order that service upon her alone, in the usual manner, shall be sufficient."] Service on infant. When an infant is defendant, service on (a) The father or guardian, or if none, on (b) The person with whom infant resides, or shall, unless Court or Judge otherwise orders, be deemed Service on lunatic or person of unsound mind not so found. In these cases service on (a) The committee, or (b) The person with whom such lunatic, &c. is residing, or (c) The person under whose care he or she is, shall, unless the Court or Judge otherwise orders, be deemed good service (Ord. 9, r. 5). [In Thorn v. Smith, W. N. (1879) 81, service was permitted on the keeper of an asylum.] Service on partners and other bodies. Where partners sued in name of firm, service may be on(a) Any one or more of the partners, or (b) At principal place of business within the jurisdiction, upon any person having at the time of service the control or management of the business there (Ord. 9, r. 6). When one person carrying on business in the name of SERVICE of Writ (within the Jurisdiction) Ord. IX.-continued. r. 1). By Reg. Gen. Hil. T. 1853, r. 3, an attorney was liable to attachment for not entering an appearance in pursuance of his undertaking. (But now see Ord. 12, r. 14). In cases where personal service is required, the writ is to be served in the manner in which personal service was effected, where that is practicable; but if made to appear to Court or Judge that plaintiff is from any cause unable to effect prompt personal service, the Court or Judge may make an order for substituted or other service, or for notice (Ord. 9, r. 2). Every application for substituted service under the last-mentioned rule must be supported by affidavit, setting forth the grounds upon which the application is made (Ord. 10). ["The application," says Mr. Daniell," is made by ex parte motion, and must be supported by an affidavit, showing what efforts have been made to serve the defendant, and that all practicable means of doing so have been exhausted (Firth v. Bush, 9 Jur., N. S. 431), and how substituted service is proposed to be effected." The affidavit must also show "means of knowledge."] The person serving writ is, within 3 days thereafter, to indorse on the writ the day of the week and month of such service, otherwise the plaintiff will not be entitled to sign judgment in default; and every affidavit of service of such writ is to mention the day on which such indorsement was made (Ord. 9, r. 13). Notice in lieu of service is to be served in the same manner as writ is served (Ord. 11, r. 5). Service on husband and wife. When they are both defendants, service on husband is to be deemed good service on wife; but Court or Judge may order SERVICE of Writ (within the Jurisdiction) Ord. IX.-continued. wife to be served with or without service on husband (Ord. 9, r. 3). [Mr. Daniell says: "If the husband is abroad, and cannot be served, and the subject-matter of the suit arises in right of the wife, the plaintiff may obtain on ex parte motion, supported by affidavit, an order that service upon her alone, in the usual manner, shall be sufficient."] Service on infant. When an infant is defendant, service on (a) The father or guardian, or if none, on (b) The person with whom infant resides, or shall, unless Court or Judge otherwise orders, be deemed Service on lunatic or person of unsound mind not so found. In these cases service on— (a) The committee, or (b) The person with whom such lunatic, &c. is residing, or (c) The person under whose care he or she is, shall, unless the Court or Judge otherwise orders, be deemed good service (Ord. 9, r. 5). [In Thorn v. Smith, W. N. (1879) 81, service was permitted on the keeper of an asylum.] Service on partners and other bodies. Where partners sued in name of firm, service may be on(a) Any one or more of the partners, or (b) At principal place of business within the jurisdiction, upon any person having at the time of service the control or management of the business there (Ord. 9, r. 6). When one person carrying on business in the name of SERVICE of Writ (within the Jurisdiction) Ord. IX.-continued. a firm, service may be made at the principal place of business, as above (Ord. 9, r. 6a). Service on corporations, societies, &c. Whenever by any Statute provision is made for service of any writ, bill, petition, or other process, upon any corporation, or upon any hundred, or the inhabitants of any place, or any society or fellowship, or any body or number of persons, whether corporate or otherwise, every writ may be served in the manner so provided (Ord. 9, r. 7). [As to service on a corporation. (See Common As to service on a foreign corporation. (See As to service on a hundred. (See 32 & 33 Vict. As to service on joint stock companies. (See 25 & 26 Vict. c. 89, s. 64.) See also as to railways (8 & 9 Vict. c. 20, s. 138.)] Service in Admiralty actions "in rem." The issue of a writ of summons herein must be dependent upon compliance with Ord. 5, r. 11, ss. a, b, c, d, e. Service in actions to recover land. In case of vacant possession, when it cannot otherwise be effected, service may be made by posting a copy of the writ on the door of the dwelling-house or other conspicuous part of the property (Ord. 9, r. 8). Compare the Common Law Procedure Act, 1852, s. 170. A foreclosure action is not an action "to recover land" within the R. S. C. (Tarrell v. Slate Co., W. N. (1876)). As to what may be considered "vacant possession," see Isaac v. Diamond, W. N. (1880) 75. |