Page:United States Statutes at Large Volume 31.djvu/1258

 1206 F IFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. S°"“*““g *“‘““*· Sec. 103., If any person shall secrete an infant against whom process has- issued, so as to prevent the service of such process, or shall prevent his appearance in court as aforesaid, such person shall be liable to attachment and punishment as for contempt; or if any infant shall secrete himself or evade the service of process, he may be proceeded against as if he were a nonresident. m;°§{$,$“s“°“°°mp°“ Sec. 104. Pnnsoiws Non oomros Mnnris.-—If a person non compos mentis be a party defendant in any equity Suit, the subpoena shall be served upon him, if within the District, and upon his committee, if there be one within the District, and if there be no such committee and the court shall be satisfied as to the condition of said party, it may _ _ appoint a guardian ad litem to answer and defend for him. §§§s§?€{$$§§s‘pub1i. Sec. 105. Nonnnsinnivrs.—-—Publication may be substituted for per- §g;f§g_;*€_ for ¤"'S°“**l sonal service of process upon any defendant who can not be found and who is shown by afHdavit to be a nonresident, or to have been absent from the District for at least six months, or against the unknown heirs or devisees of deceased persons, in suits for partition, divorce, by attachment, foreclosure of mortgages and deeds of trust, the establishment of title to real estate by possession, the enforcement of mechanics’ liens, and all other liens against real or personal roperty within the District, and in all actions at law and in equity which have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within · the jurisdiction of the court. `when ”u°w€d‘, Sec. 106. No order for the substitution of publication for personal service shall be made until a summons for the defendant shall have been issued and returned “Not to be found," and the nonresidence of the defendant or his absence for at least six months shall be proved by Ord f by affidavit to the satisfaction of the court. mm er °~ pu m` Sec. 107. The order of publication shall be in the following or an equivalent form: In the supreme court of the District of Columbia. A B, complainant, versus In - - - - - -. No. . C D, defendant. The object of this suit is to (state it briefly). On motion of the complainant, it is this day of , A. D. - - - -, ordered that the defendant cause his appearance to be entered herein on or before the fortieth day, exclusive of Sundays and legal holidays, occurring after the day of the first publication of this order; otherwise the cause will be proceeded with as in cause of default. E F, Justice. "‘“’“°““°“· Sec. 108. Every such O1'd€1` shall be published at least once a week for three successive weeks, or oftener, or for such further time as may said absent or nonresident defendant upon proof of notice by such pubc lication unless the complainant, plaintiff, his agent, or solicitor o1· attorney shall file in the cause an affidavit showing that at least twenty days before ap lying for such order or decree be mailed, postpaid, a copy of said adlvertisement, directed to the party therein ordered to appear, at his last known place of residence, or that he has been unable to ascertain the last place of residence of said party after diligent effort mg*{;i%m¤¤° bv da to ascertain the same. On failure of the defendant to appear in obe- ' dience to said notice within the time named therein, a decree or judg- Pr0r‘i·¥~- ment by default may be entered at the next rule day thereafter: Pro- _ \Vherc<k·fe¤<1¤¤¤tan vided, That if the said absent or nonresident defendant be an infant, mfam the court shall appoint a guardian as litem to answer and defend for him.
 * §‘;{““g °°*’Y *° be specially ordered; and no order or decree shall be passed against