Page:United States Statutes at Large Volume 31.djvu/392

 34:0 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. therein, or has departed from the district and remained absent therefrom six consecut1ve weeks; Third. When the defendant is not a resident of the district, but has property therein, and the court has jurisdiction of the subject of the action; ‘ Fourth. When an action is to have a marriage declared void, or for a divorce in the cases prescribed by law; Fifth. When the subject of the action is personal property in the u district, and the defendant has a claim or lien, of interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest or lien therein; Sixth. When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in said district, or satisfy or redeem from the same. The summons published shall contain the name of the court and the title of the cause, a succinct statement of the relief demanded, the date of the order for service by publication, and the timewithin which the defendant is required to »_. _ answer the complaint. mxgliggsgpm QQ; Sec. 48. The order shall direct the publication to be made in a news- to give notice to the person to be served, and for such length of time as may be deemed reasonable, not less than once a week for six weeks. In case of publication, the court or judge shall also direct a copy of the summons and complaint to be forthwith deposited in the postoffice, directed to the defendant at his place of residence, unless it shall appear that such residence is neither known to the party making the application nor can with reasonable diligence be ascertained by him. When publication is ordered, personal service of a copy of the summons and complaint out of the district shall be equivalent to publication and depositin the post-omce. In either case, the defendant shall appear and answer within thirty days after the completion of such period of publication. In case of personal service out of the district, the summons shall specify the time prescribed in the order for publication. · m;g}§’§a§§v§gg‘§0“§eE Sec. 49. The defendant against whom publication is ordered, or his fend nfterjudgment. personal representatives, on application and sufficient cause shown, at any time before judgment sha be allowed to defend the action; and the defendant against whom publication is ordered, or his representatives, may in like manner, upon good cause shown, and upon such terms as may be proper, be allowed to defend after judgment and within one year after the entry of such judgment on such terms as may be just; and if the defense be successful, and the judgment or any part thereof have been collected or otherwise enforced, such restitution may thereupon be compelled as the court shall direct., But the title to property sold upon execution issued on such judgment to a purchaser in ood faith shall not be thereby affected. . is¥g1§rg1;§,¢;,;;¤}¤bmu;¤&¤ Sec. 50. Whenever it shall appear by the return of the marshal, his howplaintiifmayproi deputy, or the person appointe to serve a summons that the defend- °°°"· _ ant is not found, the laintiff may deliver another summons to be served, and so on, untilpservice be had; or the plaintiE may proceed  by publication, as in this chapter provided, at his election. m‘r‘$gd¤¤g§1*¤;;¤€,§g gg? Sec. 51. When the action is against two or more defendants, and means. the summons is served on one or more but not all of them, the plaintiff may proceed as follows: · First. If the action be against defendants jointly indebted upon a contract, he may proceed against the defendants served, unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted-»so· far only as that it may be enforced against the joint property of all and the separate property of the defdendant served, and 1f they are subject to arrest, against the persons of the defendants served; or,
 * ice min of the district. paper to be designated by the court or judge or clerk as the most likely