Page:United States Statutes at Large Volume 47 Part 1.djvu/949

 72d C ONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933 . 925 complaint is filed, the defendant may, in writing, or by appearing and answering or demu rring, waive the issuing of summons ; or, if the action be brought upon a joint contract of two or more defend- ants, and one of them has appeared within the year, the other or others may be served or appear after the year at any time before trial. SEC. 116. SUMMONS, HOW ISSUED, DIRECTED, AND WHAT TO CONTAIN, slS dum m ted ow~s Ix GENERAL.-The summons must be directed to the defendant, signed tents. by the clerk, and issued under the seal of the court, and must contain 1 . The names of the parties to the action, the court in which it is brought, and the division in which the complaint is filed ; 2. A d irec tion that the defendant app ear and answer the com- plaint within ten days, if the summons is served within the Canal Zone ; within forty days, if served outside of the Canal Zone ; 3 . A notice that, unless the defendant so appears and answers, the plaintiff will take judgment for any money or damages demanded in the complaint as arising upon contract, or will apply to the court for an other relief demanded in the complaint. Eo. 117. ALI AS SUM MON S .--If the s ummons is returned witho ut Ali as 10 f- being served on any or all of the defendants, or if it has been lost, the clerk, upon the demand of the plaintiff, may issue an alias sum- mons in the same form as the original, and within such time as the original might have been served if it had not been lost or returned. SEC. 118. SUMMONS, HOW SERVED AND RETURNED, IN GENERAL .-The Service, return of. summons may be served by the marshal, or by any other person over the age of eighteen, not a party to the action. A copy of the com - plaint must be served, with the summons, upon each of the defendants. When the summons is s erved by the marshal, it must be returned, with his certificate of its service and of the service of any copy of the complaint, where such copy is served, to the office of the clerk from which it issued. When it is served by any other person, it must be returned to the same place, with an affidavit of such person of its service, and of the service o f a copy of the complaint, where such copy is served. S EC. 119 . SERVICE OF SU MMO NS, IN GENERAL.-The summons must service of sum mons. be served by delivering a copy thereof as follows : 1. If suit is again st a for eign cor poration, or a n onresiden t joint stock company or association doing business within the Canal Zone To a managing or business agent, cashier or secretary, if such there be within the Canal Zone ; or to any agent authorized to accept service for it. 2 . If against a minor, under the age of fourteen years, residing within the Canal Zone : To such minor, personally, and also to his father, mother, or guardian ; or if there be none within the Canal Zone, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. 3. If against a person residing within the Canal Zone who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed : To such person, and also to his guardian. 4 . In all cases where a corporation has forfeited its right to do business in the Canal Zone, by delivering a copy thereof to one of the persons who have become the trustees of the corporation and of its stockholders or members. 5 . In all other cases to the defendant personally. SEC. 120. PROCEEDINGS WHERE THERE ARE SEVERAL DEFENDANTS, AND Pr oceeding s agains t s ever al defe nda nts PART ONLY ARE SERVED .-When the action is against two or more when not all are served. defe ndants j ointly or several ly liabl e on a c ontract, and the summons is served on one or more, but not on all of them, the plaintiff may