4181367312

4181367312



12 Societe des NationsRecueil des Traites. 1933

(c) In this Convention the words " subject of one (or of the other) High Contracting Party ” shall be deemed, in relation to His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, to mean all subjects of His Majesty wherever domiciled, and shall include all persons under His Majesty's protection.


Seryicf, of Judicial and Extra-Judicial Documents.

i

A tlicie 2.

When judicial or extra-judicial documents drawn up in the territory of one of the High Contracting Parties are reąuired by a judicial authority situated therein to be served on persons, partnerships, companies, societies or other corporations in the territory of the other High Contracting Party, such documents may, without prejudice to the provisions of Article 5, be served on the recipient, in either of the ways provided in Articles 3 and 4,

A tlicie 3.

(a)    A reąuest for service shall be addressed by a Consular Officer of the High Contracting Party, from whose territory the documents to be served emanate, to the competent authority of the country where the documents are to be served, reąuesting such authority to cause the documents to be served. The request shall be sent by such Consular Officer to such authority.

(b)    The request for service shall be drawn up in the language of the country where service is to be effected.

The reąuest for service shall state the fuli names and descriptions of the parties, the fuli names and address and description of the recipient, and the naturę of the document to be served, and shall enclose the documents to be served in duplicate.

(c)    The document to be served shall either be drawn up in the language of the country in which it is to be served, or be accompanied by a translation in such language. Such translation shall be certified as correct by a Consular Officer of the High Contracting Party from whose territory the document emanates.

(d)    Reąuests for service shall be addressed and sent :

In England, to the Senior Master of the Supreme Court of Judicature.

In Denmark, to the Court iq whose district the person to be served is resident or sojourning, and where such person is resident or sojouming in Copenhagen, to the Copenhagen Town Court.

If the authority to whom a reąuest for service has been sent is not competent to execute it, such authority shall of his own motion transmit the document to the competent authority of his own country.

(e)    Service shall be effected by the competent authority of the country where the document is to be served, who shall serve the document in the manner prescribed by the municipal law of such country for the service of similar documents, except that, if a wish for some special manner of service is expressed in the reąuest for service, such manner of service shall be foliowed in so far as it is not incompatible with the law of that country.

(i) The execution of the reąuest for service duły madę in accordance with the preceding provisions of this Article shall not be refused unless (1) the authenticity of the reąuest for service is not established, or (2) the High Contracting Party in whose territory it is to be effected considers that bis sovereignty or safety would be compromised thereby.

(g) The authority by whom the reąuest for service is executed shall fumish a certificate proving the service or explaining the reason which has prevented such service, and setting forth

N° 3201



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