Mar. 6.] THE NEW ZEALAND GAZETTE. 719

27. If it appears to the Judge of the Court that reasonable efforts have been made to effect service of the writ, and either that the writ has come to the knowledge of the defendant or that prompt personal service thereof cannot be effected, the Judge may order ex parte that the plaintiff be at liberty to proceed as if personal service had been effected, subject to such conditions as the Judge thinks fit to impose.

28. Where a writ has not been served on the defendant or any defendant named therein, the plaintiff may at any time before the expiration of the period of four months from the date thereof (including the day of the date thereof) apply ex parte to the Judge of the Court 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 and duplicate writs of summons be renewed for four months from the date of such renewal, and so from time to time during the currency of the renewed writ.

29. The writ and duplicate shall in such case be renewed by being rescaled and being marked with the word “Renewed” and the date of the renewal by the Clerk of Awards of the industrial district in which the writ was issued.

30. A writ 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 is limited, and for all other purposes, as from the date of the original issue of the writ.

31. A writ or duplicate writ purporting to be so marked as aforesaid, showing the same to have been renewed, shall be sufficient evidence of such renewal and of the commencement of the action as of the first date of such renewed writ for all purposes.

32. Where partners are sued as partners, but not in the name of the firm, the writ may be served on any one or more of the partners, or at the principal place in New Zealand of the business of the partnership, on any one appearing to have control of the partnership business there.

33. Where one person carrying on business in the name of a firm apparently consisting of more than one person is, or two or more persons carrying on business in the name of a firm are, sued in the name of the firm, the writ may be served on such one person, or on any one or more of such partners, or at the principal place in New Zealand of the business of the partnership on any one appearing to have control of the partnership business there.

34. Unless otherwise provided by statute, service may be effected on—

(a.) Corporations, by delivering a duplicate of the writ to the mayor, president, chairman, clerk, secretary, or treasurer of such corporation, or any one performing the duties incidental to any of those offices:

(b.) Incorporated companies, by delivering a duplicate of the writ to the president, chairman, managing director, or secretary of such company, or to any one performing the duties incidental to any of those offices, or to any one appearing to have charge of the business of the company, at its registered office or principal place of business in New Zealand.

35. Where a defendant is beyond New Zealand, and has in New Zealand an attorney or agent authorised to transact his affairs generally, or to defend actions on his behalf, the writ may, by leave of the Judge of the Court, granted on the ex parte application of the plaintiff, be served upon such attorney or agent, subject to such terms as the Judge thinks right to impose.

36. In an action against the owners or charterers of a ship the writ may (without excluding other modes of service) be served by delivering the same to the master of the ship, unless the master is himself the plaintiff, or by serving the same upon any person or company acting in New Zealand as the agent of the defendants in respect of that ship.

37. In any action the writ may be served out of New Zealand by leave of the Judge of the Court, granted on the ex parte application of the plaintiff.

38. Every application for an order for leave to serve a writ out of New Zealand shall be supported by evidence, by affidavit or otherwise, showing in what place or country the defendant is or probably may be found, and whether the defendant is a British subject or not, and the grounds on which the application is made.

39. Any order giving leave to effect service out of New Zealand shall fix the time within which the defendant is to file his statement of defence, and the writ shall be amended accordingly, so as to conform to the order in this respect.

40. In any case not provided for by these Rules service shall be effected in such manner as the Judge of the Court directs.

PLACE OF COMMENCEMENT OF ACTION.

41. Every action shall be commenced in the industrial district in which all the parties to the action reside; but if all the parties do not reside in the same industrial district, then the action shall be commenced—

(a.) In the industrial district in which the accident out of which the action arises occurred; or

(b.) If the action arises out of the incapacity or death of a worker by reason of any disease, then in the industrial district in which the worker was last employed in the employment to the nature of which the disease was due; or

(c.) If the accident out of which the action arises occurred out of New Zealand, then in any industrial district.

42. A writ shall not be invalidated or set aside because the action has been commenced in the wrong industrial district, nor shall this be any ground of defence in the action; but in any such case the Judge of the Court may, if in his discretion he thinks fit, order the action to be transferred to any other industrial district, and thereupon all subsequent proceedings in the action shall be taken in the same manner as if the writ had been issued in the industrial district to which the action has been so transferred.