Page:United States Statutes at Large Volume 31.djvu/391

 FIFTYqSIXTH oononnss. sSSS. 1. os. 786. 1900. 339 title thereof. It shall be issued by the court or the clerk thereof and directed to the defendant, and shall require him to ap ear and answer the complaint as in this section provided, or judgment for want thereof will be taken against him. The defendant shall appear and answer the complaint within thirty days from the date of the service. Sec. 44. There shall also be inserted in the summons a notice in sub- ngggggeggggoggié stance as follows: an uemenae. V P First. In any action for the recovery of money or damages only that the plaintiff will take judgment for a sum specified therein if the defendant fail to answer the complaint;. Second. In other actions, that if the defendant fail to answer the complaint the plaintiff will apply to the court for the relief demanded therein. ‘ x Sec. 45. The summons shall be served by the marshal or any deputy, m1§,>'wg;*jg¤§nd¤$;{;g}; or by a person specially alppointed by him or by the court or judge returned. thereof. The summons s all be returned to the court oreclerk thereof with whom the complaint is filed within forty days after its delivery to the officer or other person for service,with proof of such service o1· that the defendant can not be found. The marshal or other person to whom the s11mmons is delivered shall indorse thereon the date of such delive. I 0. Snoll)46. The summons shall be served by delivering a co y thereof, u,§{’,‘f,h(§,‘§ff'°d md together with a copy of the complaint iprepared and certified by the plaintiff, his agent, or attorney, or by the c erk of the court as follows: S First. If the action be againstaprivate corporation, to the president or other head of the corporation, secretary, cashier, or managing agent, or, in case none of the officers of the corporation above named shall reside or have an office in the district, then to any clerk or agent of such corporation who may reside or be found in the district, or if no such officer be found, then by leaving a copy thereof at the residence or usual. place of abode of such clerk or agent; Second. If against any incorporated town, school district, or other public corporation in the district, to the clerk of such incorporated town, school district, or other public corporation; Third. If against a minor under the age of fourteen years, to such minor personally, and also to his father, mother; or guardian, or if there be none within the district, then to any (person having the care or control of such minor, or with whom he resi es, or in whose service he is em loyed; . - Fourtlil If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and if a guardian has been a pointed, to such guardian and to the defendant personally; In all cases, to the defendant personally, or if he be not found, to some erson of the family above the agle of fourteen years at the dwellin House or usual place of abode of the defendant. Sec. 47. Wien service of the summons can not be made as prescribed ,,g§,*gggf§}${);°;‘gggin the last preceding section, and the defendant after due diligence can. ' not be found within the district, and when that fact appears by aiii- ' davit to the satisfaction of the court or judge thereof, or justice of the peace in an action in a justice’s court, and 1t also appears that a cause of action exists against the defendant, or that he is a proper arty to , an action relating to real or personal property in the district, the court or judge thereof, or a justice of the peace in an action in a justice’s court,. shall grant an order that the service be made by publication of the summons in either of the following cases: First. When the defendant is a foreign corporation, and has property within the district, or the cause of action arose therein; Second. When the defendant, being a resident of the_district, has. departed therefrom with intent to defraud his creditors or to avoid the service of the summons, or with like intent keeps himself concealed