854
THE NEW ZEALAND GAZETTE.
[No. 44

affidavit showing grounds shall be in the Form No. 22, or to the like effect. When personal service is dispensed with, a sealed duplicate of the order for substituted service shall be served with the summons.

19. Service in Particular Cases.

The following are regulations for service in the particular cases referred to in the last paragraph of section 79 of the Act:—
(a.) When husband and wife are defendants to an action, personal service on the husband shall be deemed good service on the wife, except,—
(1.) The action affects the separate estate of the wife;
(2.) The husband and wife have been judicially separated by decree, or have entered into a deed of separation;
(3.) The wife has obtained a protection or other similar order under any Act for the time being in force affecting married women.

The Court, however, at any stage in the action, may order that the wife shall be separately served.

(b.) When an infant is a defendant, personal service on his or her father or guardian, or, if none, then upon the person with whom the infant resides, or under whose care he or she is, shall, unless the Court otherwise order, be deemed good service on the infant: Provided that the Court may order what service made or to be made upon an infant shall be deemed good service.

(c.) When a lunatic is a defendant, service on the committee of the lunatic, if one has been appointed, or on the person with whom such defendant resides, or under whose care he or she is, shall, unless the Court otherwise order, be deemed good service on the lunatic.

(d.) When a defendant is living or serving on board any ship or vessel it shall be sufficient service to deliver the duplicate summons to the person on board who apparently has at the time of such service charge of such ship or vessel.

(e.) Where a defendant is a prisoner, it shall be sufficient service to deliver the duplicate summons to the gaoler or any officer apparently in charge at the prison in which he is confined, who shall deal therewith in accordance with the prison regulations.

(f.) Where a defendant is working in a mine or other works underground, it shall be sufficient service to deliver the duplicate summons at such mine or works to the engine-man, banks-man, or any person apparently in charge of the mine or works.

(g.) Where a defendant is employed and dwells in any lunatic asylum, or in any prison, industrial school, or other similar place, it shall be sufficient service to deliver the duplicate to the keeper, or to any person apparently in charge of such place.

(h.) Unless otherwise provided by statute or charter, service may be effected on,—
(1.) Corporations, by delivering a copy of the summons to the Mayor, President, Chairman, Town Clerk, Secretary, or Treasurer of such Corporation, or any one performing the duties incidental to any of those offices.
(2.) Incorporated companies, by delivering a copy of the summons to the president, chairman, managing director, manager, or secretary of such company, or to any one performing the duties incidental to any of those offices, or to any one purporting to have charge of the business of the company at its registered office or principal place of business in the colony.

(i.) When a defendant is beyond the limits of the colony, if he have an attorney or agent authorised to transact his affairs generally, and to defend actions on his behalf, the summons may, by leave of the Court, be served on such attorney or agent, subject to such terms as the Court may think fit to impose.

(j.) In all cases not provided for by the Act or these rules, service may be effected in such manner, and subject to such conditions, as the Court may direct by writing indorsed on the summons.

(k.) In any case a solicitor duly authorised may accept service on behalf of the defendant, and the solicitor shall in any such case indorse on the Court-copy of the summons a certificate that he accepts service, and shall sign and date such certificate.

20. Clerk may enlarge Time of Hearing.

Whenever a summons shall not have been served in time for the sitting of the Court, the Clerk may, on the application of the plaintiff, enlarge the time of hearing to some convenient day being a day appointed for the Court to sit. This he shall do by striking out the original date of hearing, inserting the new date, and placing his initials in the margin opposite the alteration, or he may issue a new summons bearing the same date as the original one.