Page:United States Statutes at Large Volume 42 Part 1.djvu/1037

 SIXTY-SEVENTH ooncanss. sm. 11. ca. evo. 1922. 1009 (b) No person shall be entitled to a divorce in msuance of the Mm '°°*‘“‘°° °' provisions of this Act who has not actually residiid on the Canal onoymmuku one continuouslyiduring the whole ear next before the filing of his or her petition, w ch residence shall he duly proven by the petitioner to the satisfaction of the court by at least two witnesses who are residents of the Canal Zone; and the petitioner shall file with the mé{§§,P,{‘{)°§,‘é°fl° °° petition his or her ownaffidavit, in which he or she shall state the ` ength of time the petitioner has resided on the Canal Zone, the place or places where he or she has resided for the last preceding year, and his or her office or occupation. Sec. 14. Wmm Nor onarrrnn ron anm.·rnar.———Divorces shall not g,$,§§,}}_";2,’,,{Y§,,’}.‘§Y be granted for adultery when (1) the offense has been committed with the consent or connivance of the party seeking the divorce; or (2) when the party seeking the divorce has vohmtarily cohabited with the other with knowledge that the offense has been committed; or (3) when the party seeking the divorce has also been ilty of adultery under such circumstances as would have entitled 5; other party, if innocent, to a divorce. Sec. 15. PROCESS-—SEBVICE—NUHCE nr PUBLICATION.——(8.) The S°"‘°"°'P'°°°’*· clerk of the district court shall issue a summons for the defendant to appear and answer, which simmons shall be ersonally served on the P¤r¤¤¤¤¤1y· de endant, if the defendant is found on the Cpanal Zone, by delivering a true copy thereof to the defendant in erson. H (b) When any petitioner shall file in the office of the clerk of the Bypub °°°i°n' district court an affidavit showin — (1) That the husband and wife have their legal domicile in the mum"` Canal Zone and that the defendant has gone out of the Canal Zone and willfully refuses to return, so that process can not be personally served upon him or her; or (2) That the marriage was celebrated in the Canal Zone and the wife, being the petitioner, continues to reside therein, and the husband, being the defendant, has abandoned his wife and gone out of the Cana Zone to avoid his marital obligations; or (3) That the marriage was celebrated in the Canal Zone and the husband, being etitioner, continues to reside therein and was abandoned by his wiiii, the defendant, who has gone out of the Canal Zone in disregard of her marriage obligation; and In cmu Zim mm When such affidavit states the resent place of residence of the paper. defendant, if known, or that upon diligent inquiry his or her pfnesent place of residence can not be ascertained, and stating the last own place of residence of the defendant, the clerk shall cause publication Nwmw m Pm to be made in some newspaper published in the Canal Zone, and if ma. there is no newspaper plubhshed in the Canal Zone, then in the nearest reliable newspaper wit. a (general circulation published in the Republic of Panama, and printe in English or having an English section or edition, containing notice of the dpendency of such suit, the names of the parties thereto, the time an place of return of the summons in Cop, ,,,,,,,,,1 to ,,d_ the case; and he shall also, within ten days after the first qpblication d*°S$°*·i°‘¤¤<*=*¤*· of such notice, send a copy thereof by mail addressed to the defendant at the last known place of residence stated in the affidavit. The certincate of the clerk that he has sent such notice shall be evidence thereoi If defendant not (c) The notice by publication required herein may be given at any found in cami zqae, time after the commencement of the suit and after summons has §§,,§ ‘",§§},§’,Y been returned showin that the defendant was not found on the ¢¤¤¤¤· Canal Zone, and shall ie ublished at least once each week for three successive weeks, and no d)efault or (proceeding shall be taken against any defendant not personally serve with summons and not appearing, unless ninety days shall intervene between the first publication as aforesaid and the date at which such default or proceeding is proposed 42150°—23——-64