And the writ shall in such case be renewed by being marked with a Renewal of seal bearing the date of the day, month, and year of such renewal; writ. such seal to be provided and kept for that purpose at the proper office, and to be impressed upon the writ by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in Form No. 18, in Appendix A., Part I., with such variations as circumstances may require; 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.

R. 2. The production of a writ of summons purporting to be marked Its production with the seal of the court, showing the same to have been renewed after renewal in manner aforesaid, shall be sufficient evidence of its having been evidence of so renewed, and of the commencement of the action as of the first same. date of such renewed writ for all purposes.

R. 3. Where a writ, of which the production is necessary, has been Lost writ. lost, the court or a judge, upon being satisfied of the loss, and of

the correctness of a copy thereof, may order that such copy shall

be sealed and served in lieu of the original writ.

Ord. IX. r. 1. No service of writ shall be required when the Mode of serdefendant, by his solicitor, undertakes in writing to accept service vice, and enters an appearance.

R. 2. When service is required the writ shall, wherever it is practicable, be served in the manner in which personal service is now made, but if it be made to appear to the court or a judge that the plaintiff is from any cause unable to effect prompt personal service, 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 may be just.

R. 3. When husband and wife are both defendants to the action, on particular they shall both be served unless the court or a judge shall otherwise defendants. order. Husband and R. 4. When an infant is a defendant to the action, service on his wife. father or guardian, or if none, then upon the person with whom Infants. 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.

R. 5. When a lunatic or person of unsound mind not so found by Lunatics. inquisition is a defendant to the action, service on the 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.

R. 6. Where persons are sued as partners in the name of their firm, On partners the writ shall be served either upon any one or more of the partners, and other or at the principal place within the jurisdiction of the business of bodies. the partnership upon any person having at the time of service the control or management of the partnership business there; and, subject to these rules, such service shall be deemed good service upon the firm.

1 For form of order for renewal of writ, see Appendix.

Mode of service.

Indorsement of service.

Substituted service.

Service out of the jurisdic

tion.

R. 7. Where one person carrying on business in the name of a firm apparently consisting of more than one person shall be sued in the firm name, the writ may be served at the principal place within the jurisdiction of the business so carried on upon any person having at the time of service the control or management of the business there; and such service, if sufficient in other respects, shall be deemed good service on the person so sued.

R. 8. In the absence of any statutory provision regulating service of process, every writ of summons issued against a corporation aggregate may be served on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation; and every writ of summons issued against the inhabitants of a hundred or other like district may be served on the high constables thereof, or any one of them, or, where there is no high constable, on any other acting chief officer of police of the county in which such hundred or district is situate; and every writ of summons issued against the inhabitants of any county of any city or town, or the inhabitants of any franchise, liberty, city, town, or place, not being a part of a hundred or other like district, on some peace officer thereof and where by any statute, provision is made for service of any writ of summons, bill, petition, summons, or other process upon any corporation, or upon any society or fellowship, or any body or number of persons, whether corporate or unincorporate, every writ of summons may be served in the manner so provided.

R. 15. The person serving a writ of summons shall, within three days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default; and every affidavit of service of such writ shall mention the day on which such indorsement was made. This rule shall apply to substituted as well as other service.

Ord. X. 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.1

Ord. XI. r. 1. Service out of the jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the court or a judge whenever, inter alia 2—

(b.) Any act, deed, will, contract, obligation or liability affecting land or hereditaments situate within the jurisdiction, is sought to be construed, rectified, set aside or enforced in the action.

When the cause of action does not appear to justify the issue of a writ out of the jurisdiction, the objection must be taken before a judge at chambers, and the defendant cannot raise it in his statement of defence; an appeal, however, lies from the decision.3

1 For form of order and affidavit,

see Appendix.

2 See also sub-ss. (c), (ƒ), and (g).

3 Preston v. Lamont, 1 Ex. D. 361.

R. 3. In probate actions service of a writ of summons or notice of a Service out of writ of summons may, by leave of the court or a judge, be allowed the jurisdicout of the jurisdiction.

Where of defendants to an action one was a foreigner, resident abroad, the President directed the issue of a concurrent writ for service out of the jurisdiction (Paris) under this order returnable in eight days, and notice of its issue to the defendant.1

tion.

R. 4. Every application for leave to serve such writ or notice on a Affidavit of defendant out of the jurisdiction shall be supported by affidavit, cause of or other evidence, stating that in the belief of the deponent the action. plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the court or judge that the case is a proper one for service out of the jurisdiction under this order.2

R. 5. Any order giving leave to effect such service or give such Form of order. notice shall limit a time after such service or notice within which

such defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served or the notice given.3

R. 6. When the defendant is neither a British subject, nor in British Where notice dominions, notice of the writ, and not the writ itself, is to be served suffices. upon him.

R. 7. Notice in lieu of service shall be given in the manner in which How to be writs of summons are served. given.

Ord. XII. r. 1. Except in the cases otherwise provided for by Appearance in these rules, a defendant shall enter his appearance in London. London. R. 2. Appearances entered in London shall be entered in the Central Office.

R. 3. In probate and admiralty actions notice of appearances entered shall forthwith be given by the Central Office to the probate and admiralty registries respectively.

R. 8. A defendant shall enter his appearance to a writ of summons by delivering to the proper officer a memorandum in writing dated on

1 Beddington v. B. 1 P. D. 426. 2 For form, see Appendix. Evidence of a cause of action within the jurisdiction must found the application, and the affidavit must be complete. See Great Australian Company v. Martin, 5 Ch. D. 1-C. A.

D.

3 See Appendix.

As to the right to administer interrogatories and to an injunction in such a case, see Young v. Brassy, 1 Ch. D. 277.

4 For form of notice, see Appendix.

BB

Entry in Central Office. Notice to probate regis

try.

Memorandum on appear

ance.

Appearance

in London.

Notice on appearance.

By a solicitor.

In person.

Erroneous notice.

Form of

the day of its delivery, and containing the name of the defendant's solicitor, or stating that the defendant defends in person. He shall at the same time deliver to the officer a duplicate of the memorandum, which the officer shall seal with the official seal, showing the date on which it is sealed, and then return it to the person entering the appearance, and the duplicate memorandum so sealed shall be a certificate that the appearance was entered on the day indicated by the seal.1

9. A defendant shall, on the day on which he enters an appearance to a writ of summons, give notice of his appearance (Form No. 2 in Appendix A., Part II.) to the plaintiff's solicitor, or, if the plaintiff sues in person, to the plaintiff himself. The notice may be given either by notice in writing served in the ordinary way at the address for service, or by prepaid letter directed to that address and posted on the day of entering appearance in due course of post, and shall in either case be accompanied by the sealed duplicate memorandum.

10. The solicitor of a defendant appearing by a solicitor shall state in such memorandum his place of business, and, if the appearance is entered in the Central Office, a place, to be called his address for service, which shall not be more than three miles from the principal entrance of the Central Hall at the Royal Courts of Justice; and where any such solicitor is only agent of another solicitor, he shall add to his own name or firm and place of business the name or firm and place of business of the principal solicitor.

11. A defendant appearing in person shall state in such memorandum his address, and, if the appearance is entered in the Central Office, a place, to be called his address for service, which shall not be more than three miles from the principal entrance of the Central Hall at the Royal Courts of Justice.

12. If the memorandum does not contain such address it shall not be received; and if any such address shall be illusory or fictitious, the appearance may be set aside by the court or a judge, on the application of the plaintiff.

13. The memorandum of appearance shall be in the Form No. 1 memorandum. in Appendix A., Part II., with such variations as circumstances may require.

Entry of appearance. Persons sued as partners.

Persons trading as firms.

Two defendants.

14. Upon receipt of a memorandum of appearance, the officer shall forthwith enter the appearance in the cause book.

15. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names: but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

16. Where any person carrying on business in the name of a firm apparently consisting of more than one person shall be sued in the name of the firm, he shall appear in his own name; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

17. If two or more defendants in the same action shall appear by the same solicitor and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum.

1 For form, see Appendix. See Johnson v. Whitehead, W. N. 1876,

10; and Smith v. Dobbin, ibid. 255, on appeal.

22. A defendant may appear at any time before judgment. If Appearance he appear at any time after the time limited by the writ for in London. appearance, he shall not, unless the court or a judge shall otherwise Appearance order, be entitled to any further time for delivering his defence, or may be any for any other purpose than if he had appeared according to the writ. time before 23. In probate actions any person not named in the writ may judgment. intervene and appear in the action as heretofore, on filing an Intervention. affidavit showing how he is interested in the estate of the deceased.1

30. A defendant before appearing shall be at liberty, without Notice to set obtaining an order to enter or entering a conditional appearance, aside service to serve notice of motion to set aside the service upon him of the of writ. writ or of notice of the writ, or to discharge the order authorising such service.

Ord. XIII. r. 1. Where no appearance has been entered to a writ of Default of summons for a defendant who is an infant or a person of unsound appearance. mind not so found by inquisition, the plaintiff shall, before further Infants and proceeding with the action against the defendant, apply to the court lunatics. or a judge for an order that some proper person be assigned guardian of such defendant, by whom he may appear and defend the action. But no such order shall be made unless it appears on the hearing of such application that the writ of summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing the application, served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of serving such writ of summons, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian, if any, of such infant, unless the court or judge at the time of hearing such application shall dispense with such last-mentioned service.

2. Where any defendant fails to appear to a writ of summons, Procedure on and the plaintiff is desirous of proceeding upon default of appear- default. ance under any of the following Rules of this Order, or under For forms, see Order XV. Rule 1, he shall, before taking such proceeding upon Appendix. default, file an affidavit of service, or of notice in lieu of service, as the case may be.

Affidavits of service and non-appearance should state the action to which they apply, the date of search for appearance, and the result as regards all the parties to whom they apply. Hence, as has already been pointed out, too much care cannot be taken to render affidavits fully complete and yet concise.2

When those interested under a will or codicil did not, on citation, appear and propound it, the court has granted

1 Jones v. Williams, 34 L. J., Prob. 102.

50.

2 Harenc v. Dawson, 3 Sw. & Tr.