Acceptance Of Service

Acceptance of service of writ of summons by solicitor in lieu of personal service on defendant. See R. S. C., Ord. IX., r. 1. Where with the authority of the defendant his solicitor accepts service of a writ and gives a written undertaking to 'enter an appearance in due course,' that undertaking is unconditional and must be performed forthwith, and at the instance of the plaintiff it can be enforced by attachment of the solicitor under R. S. C., Ord. XII., r. 18 [In re Kerly, (1901) 1 Ch 467]. It is necessary for the solicitor to have his client's authority [Re Gray, (1891) 65 LT 743]; and unless an undertaking to appear is given, personal service cannot be dispensed with [The Anna, (1891) 64 LT 332]; personal service also is requisite in divorce proceedings, De Niceville v. De Niceville, (1877) 37 LJ Mat 43.