May be shortened Defendants residing in different judicial districts Proviso Writ original (3) When the defendant resides in a judicial district other than that in which the writ issued the writ shall be returnable after the expiration of twenty-five days from the service thereof: Provided that the judge may by order shorten the time for the return of such writ. No. 6 of 1893, s. 21; No. 6 of 1897, s. 1 (7, 8). II. Concurrent Writ. 4. When in any action there are two or more defendants, one or more residing in the judicial district whence the writ issues and the other or others residing in another judicial district, a concurrent writ may issue for service on the defendant or defendants residing in such other judicial district and such concurrent writ shall be returnable after the expiration of twenty-five days from the service thereof: Provided that the judge may by order shorten the time for the return of such writ or may order that service of the original writ upon all the defendants shall in such case be sufficient. No. 6 of 1893, s. 21 (3); No. 6 of 1897, s. 1 (S). 5. The plaintiff in any action may at the time of or at any concurrent to time within twelve months after the issuing of the original writ of summons issue one or more concurrent writ or writs each concurrent writ to show date of the original writ and be marked with the word" concurrent " in the margin and the date of issuing the concurrent writ: Concurrent writ for service ex juris Duration of writ Application for renewal 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. (2) When after writ is issued it is made to appear that the defendant or one of several defendants is without the Territories on application as is hereafter provided for service out of the jurisdiction the judge may order a concurrent writ to issue. No. 6 of 1893, ss. 21 (4), 23. III.- Renewal. 6. No original writ of summons shall be in force for more than twelve months from the date thereof including 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 judge for leave to renew the writ and the judge if 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 (or both) 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 with the day, month and year of such renewal and shall be so marked by the clerk upon the plaintiff or his advocate filing the judge's order and presenting to him the said writ; 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 an for all other purposes from the date of the issuing of the original writ of summons. [E. 45.] No 6 of 1893, s. 24. commence 7. The production of a writ of summons purporting to have Evidence of been renewed in manner aforesaid shall be sufficient evidence renewal and of the writ having been so renewed and of the commencement ment of action of the action as of the first date of such renewed writ for all purposes. [E. 46.] No. 6 of 1893, s. 25. IV. Lost Writ be sealed 8. Where a writ of which the production is necessary has Copy may been lost the judge upon being satisfied of the loss and of the correctness of a copy thereof may order that such copy shall be sealed and used in lieu of the original writ. [E. 47.] No. 6 of 1893, s. 26, V.-Indorsement by Advocate. on writ by 9. The advocate of a plaintiff suing by an advocate shall in- Indorsement dorse on the writ the address of the plaintiff and also his own advocate name or firm and place of business and also, if his place of business shall be more than three miles from the clerk's office whence the writ issues, another proper place within such three miles to be called his "address for service," where statements of defence, notices, summonses, orders and other documents, proceedings and written communications in the suit may be left for him; and when a plaintiff sues in person he shall indorse Plaintiff suing on the writ his occupation and place of residence and if his in person residence be more than three miles from the clerk's office as aforesaid another proper place within such three miles to be called his "address for service," where statements of defence, notices, summonses, orders and other documents, proceedings. and written communications in the suit may be left for him. In case of the omission to supply an address for service as Address for aforesaid all papers requiring service may be posted in the service clerk's office and in such case be deemed good service. [E. 19 Omission to and 20.] No. 6 of 1893, s. 22. supply by advocate 10. Every advocate whose name is signed to or indorsed on Disclosure any writ of summons shall on demand in writing inade by or whose name on behalf of any defendant who has been served therewith or is indorsed has appeared thereto declare forthwith whether such writ has been issued by him or with his authority or privity and on declaration by such advocate 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 judge. No 6 of 1893, s. 27. VI.-Change of Advocate. 11. A party suing or defending by an advocate may change Notice of his advocate in any cause or matter without an order for that change of purpose upon notice of such change being filed in the clerk's advocate Employment office in which the cause or matter is proceeding; but until such notice is filed and a copy thereof served the former advocate shall be considered the advocate of the party until the final conclusion of the cause or matter. [E. 44.] No. 6 of 1893, s. 28. 12. Where a party after having sued or appeared in person has given notice in writing to the opposite party or his advocate through an advocate that such advocate is authorised 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 advocate. No. 6 of 1893, s. 29. Service by whom Fees Manner of service Personal On representative of absent defendant Corporation Partnerships ORDER III. SERVICE OF WRIT OF SUMMONS. 1.--Generally. 13. Service of a writ of summons may be made by the sheriff, his deputy or bailiff or by any literate person other than a plaintiff but except by order of a judge no fees for service shall in such latter case be allowed. No. 6 of 1893, s. 30. 14. Service of writ of summons shall be effected by copy as follows: 1. By personal service anywhere in the Territories; 2. In case any defendant is out of the Territories but has an agent, managing clerk or other representative resident and carrying on his business within the same service of the writ of summons may be made on such agent, managing clerk or other representative; 3. Every writ of summons issued against a corporation and all other proceedings in an action against a corporation may be served on the president or other head officer or on the cashier, manager, treasurer, secretary, clerk, agent or other representative by whatsoever name or title he be known of such corporation or of any branch or agency thereof in the Territories; and every person who within the said Territories transacts or carries on any business of or for any corporation whose chief place of business is without the said Territories shall for the purpose of being served with a writ of summons or any other proceedings as aforesaid in an action against or at the suit of such corporation be deemed the agent thereof; 4. Where persons are sued as partners in the name of their firm the writ shall be served either upon any one or more of the partners or at the principal place within the Territories of the business of the partnership upon any person having at the time of service the control or management of the partnership business there and such service shall be deemed good service upon the firm; [E. 53.] business under 5. Where one person carrying on business in the name of a Defendant firm apparently consisting of more than one person shall be carrying on sued in the firm name the writ may be served at the principal a firm name place within the Territories 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 whether any of the members thereof are out of the jurisdiction or not and no leave to issue a writ against them shall be necessary; [E. 54.] of land possession 6. Service of a writ of summons in an action to recover Recovery possession of land may, in case of vacant possession, when it cannot be otherwise effected, by leave of the judge be made by Vacant posting a copy of the writ and statement of claim upon the door of the dwelling house or other conspicuous part of the premises; [E. 56.] 7. When husband and wife are both defendants to the action Husband they shall both be served unless the judge shall otherwise and wife order; defendant 8. When an infant is a defendant to the action service on Infant his father or guardian or if none then upon the person with whom the infant resides or under whose care he is shall unless the judge otherwise orders be deemed good service on the infant: Provided that the judge may order that service made or to be made on the infant shall be deemed good service; 9. When a lunatic or person of unsound mind is a defendant Lunatic to the action service may be made as the judge may order. No. 6 of 1893, s. 31. II. Substitutional Service. service 15. In any case if it be made to appear to a judge that the Substitutional plaintiff is from any cause unable to effect prompt personal service the judge may make such order for substituted or other service by advertisement or otherwise as may be just. No. 6 of 1893, s, 31, (4). served instead 16. In any case if it be made to appear to a judge that the Original writ original writ has been served upon the defendant instead of copy of a copy he inay order that such service be good service and may in such order dispense with the production of such original. No. 6 of 1893, s. 31, (11). III.-Indorsement of Service Unnecessary. of service 17. It shall not be necessary for the person serving a writ of Indorsement summons to indorse on the writ the day of the week and month unnecessary of such service but the writ and statement of claim shall each be marked as an exhibit to the affidavit of service by the person administering the oath. No. 6 of 1897, s. 1 (10). ORDER IV. Service out of jurisdiction, SERVICE OUT OF THE JURISDICTION. 18. Service of a writ of summons on a defendant out of the when allowed Territories may be allowed by a judge whenever Application for leave 1. The whole subject matter of the action is land situate within the judicial district in which the action is to be brought (with or without rents or profits); or 2. Any act, deed, will, contract, obligation or liability affecting land or hereditaments situate within the judicial district the action is to be commenced in is sought to be construed, rectified, set aside or enforced in the action; or 3. Any relief is sought against any person domiciled or ordinarily resident within the jurisdiction; or 4. The action is for the administration of the estate of any deceased person who at the time of his death was domiciled within the judicial district or for the execution (as to property the whole or some part of which is within such district) of the trusts of any written instrument of which the person to be served is a trustee which ought to be executed according to the laws of the Territories; or 5. The action is for the recovery of any debt contracted within the jurisdiction or is founded on any breach or alleged breach within the jurisdiction of any contract wherever made which according to the terms thereof ought to be performed within such jurisdiction or is founded on a tort committed within the jurisdiction; or (6) An injunction is sought as to anything to be done within the jurisdiction or any nuisance within the jurisdiction is sought to be prevented or removed whether damages are or are not also sought in respect thereof; or (7) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction; or (8) The action is upon a foreign judgment and it is proved to the satisfaction of a judge that the defendant has assets within the North-West Territories. No 6 of 1893, s. 32; No. 21 of 1896, s. 1. 19. Every application for leave to serve such writ of summons on a defendant out of the jurisdiction shall be before writ issued except as hereinbefore provided for and supported by affidavit stating that in the belief of the deponent the plaintiff has a good cause of action and showing in what place or country the defendant is or probably may be found and the |