Page:United States Statutes at Large Volume 47 Part 1.djvu/950

 926 72d CONGR ESS. SESS. II. CH. 127 . FEB RUARY 27, 1933 . proceed against the defendants served in the same manner as if they were the only defendants. Service by publics- SEC. 121. CAS ES IN WHI CH SE RVI CE OF SUMMONS MAY BE BY PUBLI- tion, in general. C ATI ON, IN GENERAL:Where the person on whom service is to be made resides out of the Canal Zone ; or has departed from the Zone ; or can not, after due diligence, be found within the Zone ; or conceals himself to avoid the service of summons ; or is a corporation having no officer or other person upon whom summons may be served, who, after due diligence, can be found within the Zone, and the fact appears by affidavit to the satisfaction of the court, or the judge thereof ; and it also appears b y such a ffidavit, or by the veri fied compla int on file, tha t a cause of act ion exists again st the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action ; or when it appears by such affidavit, or by the complaint on file, that it is an action which relates to or the subject of which is real or personal property in the Zone, in which such person defendant or corp orati on def endan t has or cl aims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or corporation from any interest therein, such court or judge may make an ord er that the serv ice be made by t he publication o f the summons. CROSS P.E FEB P NcE Pod, p. 927. Divorce actions, service by publication, see section 126. Manner of publics- SEC. 12 2. MANNER OF PUBLICATION IN GENERAL.-The order mus t lio n. di rect the publica tion to be made in such newspape r or new spapers, to be designated by the judge, as is, or are most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week for three consecutive weeks ; but the last publication against a defendant residing out of the Zone, or absent therefrom, must not be less than forty days before the day on which the defendant is required to appear. In case of publica- tion, where the residence of a nonresident or absent defendant is known the judge must direct a copy of the summons and complaint to be ...orthwith deposited by the clerk in the postoffice, directed to the person to be served, at his place of residence. If the residence of the defendant is un known, then to h is last known pl ace of residence wit h the request to forward if not called for in fi ve days. In any case where service by publication may be ordered, the court or judge, upon application of the plaintiff, shall authorize personal service upon the defendant outside of the Canal Zone. Such service shall be made by delivering to the defendant in person a true copy of the summons and the complaint, and may be made by any person not a party to or otherwise interested in the subject matter in con- troversy. Such service shall have only the effect of service of sum- mons by publication. Return on such service shall be made under oath, with a notation of the time and place of service. Proof of service, how SEC. 123 . PROOF OF SERVICE, HOW MADE, IN GENERAL.-Proof of the made' service of summons and complaint must be as follows 1 . If served by the marshal or deputy, his cert ificate thereof ; 2 . If by any other person, his affidavit thereof ; or, 3. In case of publication, the certificate of the clerk of the court to which a copy of the publication shall be attached ; and a certificate of the clerk showing the deposit of a copy of the summons in the post office, if the same has been deposited ; or, 4 . The written admission of the defendant. In case of service otherwise than by publication, the certificate or affidavit must state the time and place of service.