(Received the assent of the Governor-General on the 2nd March 1866.)
An Act to extend to the Court of Judicature of Prince of Wales' Island, Singapore and Malacca Act No. XXIII of 1840 (for executing within the local limits of the jurisdiction of Her Majesty's Courts legal process issued by Authorities in the Mofussil).
PREAMBLE
Whereas it is expedient to extend to the Court of Judicature of Prince of Wales' Island, Singapore and Malacca, the provisions of Act No. XXIII of 1840 (for executing within the local limits of the jurisdiction of Her Majesty's Courts legal process issued by Authorities in the Mofussil); It is enacted as follows:
The said Act No. XXIII of 1840 shall he read as if the words Supreme Courts of Calcutta, Madras, and Bombay included Act the Court of Judicature of Prince of Wales' Island, Singapore and Malacca:
Proviso. Provided that no writ, warrant, or other process shall be endorsed under the said Act by such Court so as to compel the attendance beyond the limits of its jurisdiction of any person living within such limits, unless special grounds be proved to the satisfaction of the Judge of such Court to whom such endorsement shall be applied for in support of the application, which grounds shall be recorded in the endorsement of the writ, warrant or other process.
Any summons or other process issued to commence a suit by any High Court, may be served within the local jurisdiction of the said Court of Judicature of Prince of Wales' Island, Singapore and Malacca, if endorsed for service by a Judge of such Court of Judicature as hereinafter provided, and any summons or other process issued to commence a suit or action by the same Court of Judicature may be served within the local jurisdiction of any High Court, if endorsed for service service by a Judge of such. High Court as hereinafter provided. The summons or other process intended for service shall be accompanied by a certificate annexed thereto, signed by a Judge of the Court from which the same is issued, stating some special cause why such summons or other process should be served within the jurisdiction of the High Court or Court of Judicature, as the case may be, and application shall be made to a Judge of such Court, on production of such summons or other process, and of such certificate, prior to such service thereof. On such application being made, it shall be in the discretion of such Judge to require proof by affidavit or otherwise that it is proper to allow such service, and on hearing such proof such Judge shall either endorse the summons or other process for service, or shall endorse thereon the reason for not ordering, the service thereof. If such summons or other process be not endorsed for service as aforesaid, it shall not be served under this Act. When endorsed for service it shall be served in the same manner as if it had originally issued out of the Court in which such endorsement is made.