Page:United States Statutes at Large Volume 47 Part 1.djvu/951

 72d C ONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933 . 927 CRoss REFERENCE Proof of servic e in divo rce actio ns, see s ection 12 6. SEC. 124. WH EN JURISDICTION OF ACTION IS ACQUIRED.-From the When jurisdiction of time of the service of the summons and of a copy of the complaint action is acquired. in a civil action, where service of a copy of the complaint is required, or of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of the parties, and to have control of all the subsequent proceedings. In all cases where a corporation has forfeited its right to do business in the Canal Zone, the persons who become the trustees of the cor- porati on an d of its st ockho lders or me mbers may be sued in the corporate name of such corporation in like manner as if no forfeiture had occurred and from the time of service of the summons and of a copy of the complaint in a civil action, upon one of said trustees, or of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of all said trustees, and to have control of all the subsequ ent proceedings. The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him. PROCESS IN DIVORCE ACTIONS Process in divorce acti ons. SEC. 125 . PROCESS IN DIVORCE ACT IO NS IN GENERAL .-The process In general. and prac tice und er proce edings f or divor ce shall be the s ame as i n other cases in chancery except as otherwise provided in sections 112, 126, 127, 147, and 1224 of this code or in chapter 5 of the Civil Code. 113 oat, pp. 932, 1121 (Act Cong . Sept . 21, 1922, C. 370, „ 16, 42 Stat. 1010 ; Act Cong . Vol. 42, p. 1010; Vol. Dec. 29,1926, C. 19, „ 4,44 Stat. 926.) 44,p.926. SEC. 126 . SAME ;; PROCESS AND SERVICE, PERSONAL AND B Y PUBLICA - Process and service, personal and by Publi• TION .-(a) Upon the filing of a complaint for divorce and the affi- cation davit required by subdivision (b), of section 91 of the Civil Code, the clerk of the district court shall issue a summons requiring the defendant to appear and answer. If the defendant can be found in the Canal Zone, such summons shall be served by delivering to the defendant in person a true copy thereof and a copy of the complaint for divorce. If the defendant can not be found in the Canal Zone, the summons shall be returned to such clerk with an indorsement thereon showing such fact. (b) Upon applicatio n of the plainti ff, accompanied by the affidavit required by subdivision (c), if the summons has not been served as provided in subd ivision (a), the court, or the Judge thereof, shall enter an order d irecting service of a su mmons by publicat ion if i t appears to the satisfaction of such court or judge- ( (1) That the defendant can not be found in the Canal Zone ; and (2 That a proper cause for divorce is alleged in favor of the plaintiff ; and (3) Either (A) that the husband and wife have resided together in the Canal Zone and that the defendant has gone cut of the Canal Zone and willfully refuses to return, so that process can not be personally served upon such defendant ; or (B) that the marriage was celebrated in the Canal Zone and that the defendant has aban- doned th e plaint iff and gone out of the Canal Zon e in dis regard o f his or her marital obligations. (c) The plaintif f shall file, wi th the a pplicatio n for an order directing service of summons by publication, an affidavit stating the present address of the defendant, except that if such address is not known to the plaintiff such affidavit shall state the last known address of the defendant, and that, after the exercise of due diligence, the
 * p.1135.