The defendant, who was resident in London, executed a mortgage in London over land in Victoria to a company called Chaffey Bros. Limited. In the mortgage the mortgagees were thus described “Chaffey Brothers Limited, a corporation having its registered office situate at Chaffey’s Irrigation Offices, Swanston-street, in the city of Melbourne, hereinafter called the said mortgagee.” The defendant covenanted to pay the principal money and interest “to the said mortgagee.” The instrument of mortgage purported to be made under the Transfer of Land, Act 1890. Chaffey Brothers Limited had an office in London, and all payments had been made by the defendant to the company at such London office. Subsequently the company transferred the mortgage to the plaintiff, and the transfer was duly registered in the colony, and notice given to the defendant. The plaintiff had a branch office in London, but its heal office was in Melbourne. Upon default being made in payment the plaintiff sued the defendant by a specially endorsed writ, which was served out of the jurisdiction upon the defendant in London. Upon a notice to set aside the service,