Page:United States Statutes at Large Volume 47 Part 1.djvu/952

 928 72d C ONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933 . plaintiff has been unable to ascertain such present address. Such affidavit shall contain such other information as the court, or the judge thereof, may require. (d) Upon entry of an order directing service of a summons by publication the clerk of the court shall cause such summons to be published at least once each week for three successive weeks in the newspaper designated in such order. Th e co urt, or the jud ge thereof, shal l desi gnate a news paper printed and p ublish ed in the Canal Zon e and of general c irculatio n therein, or a ne wspaper p rinted in English or having an English section or edition and published in the Republic of Panama and having a general circulation in the Canal Zon e, which, in the o pinion of the cour t or judg e, will b e most likely to give not ice to th e defenda nt. The clerk of the court shall mail a copy of the summon s and a copy of the compl aint, not la ter than ten days after the first publication of the summons, addressed to the defendant at his or her last known place of residence. The court is authorized to adopt rules prescribing the form of such summons. (e ) The cle rk of the court, a fterkhe l ast publ ication o f a summo ns, shall make certificate that the summons has been published and that a copy of the summons and complaint has been mailed as required in sub div isi on (d), and a copy of such summons as published shall be attached to such certificate. Such certificate and copy shall be evidence of such publication and mailing. (f) In any case where service by publication may be ordered the court, or the judg e thereof, upon ap plication of the p laintiff, shall authorize personal service upon the defendant outside the Canal Zone. Such service shall be made by delivering to the defendant in person a true copy of the summo ns and a copy of th e comp laint for divorce, and may be made by any person not a party to or otherwise interested in the subject matter in controversy. Such service shall have only the effect of service of summons by publication. Return of such summons shall be made with a notation of the time and place of servic e and the fact tha t the def endant se rved is a nonresid ent of the C anal Zone. Such return shall be made under oath. The cost of making such service shall be borne by the party at whose instance the same was made, except that if made by any officer authorized to serve pro cess, the actual c ost of su ch servic e shall b e include d as a part of the cost of the case. (g) All the facts relating to the service of summons, whether made personally or by publication, must be established to the satis- faction of the court, or the judge thereof, before any decree is 44, P. Vol 42, p. 1009; Vol, entered pursu ant to a com plaint for d ivorce. (Act Cong . Sept . 21, 1922, C. 370, „ 15, 42 Stat. 1009; Act Cong. Dec. 29, 1926, C. 19, „ 3, 44 Stat. 924.) CROSS Ri crs Post, p. 1136. Additional notice to defendant may be ordered in case of default, see section 95 of the Civil Code. Post, p. 1137. No judgment for alimony unless defendant is personally served or appears, see section 101 of the Civil Code. Post, p .1135. Resi dence defin ed,' see s ection 91 of the Civil Code. Time for appearance SEc. 127. TIME FOR APPEARANCE AND ANSWER IN SUITS FOR DIVORCE : and answer. In no d ivorce proce edings - shall the cause st and for t rial befo re the expiration of the time allowed for the defendant to appear and answer. A summons issued or published under section 126 shall require the defendant to appear and answer- (1) Within ten days after personal service thereof if such serv- ice is had in the Canal Zone;