Page:United States Statutes at Large Volume 76A.djvu/383

–287– -287CHAPTER 7—COMMENCEMENT OF ACTIONS; SERVICE OF PROCESS See. 161. Service on infant or incompetent person. 162. Service by publication; actions in which authorized. 163. Same; manner of publication; service outside Canal Zone. 164. Same; personal Judgment. 165. Same; default judgment 166. Relief from judgment; defendant not personally served. 167. Proof of service. 168. When Jurisdiction acquired; voluntary appearance. 169. Failure to serve all defendants. 170. Service on nonresident motorists and absent motorists. § 161. Service on infant or incompetent person (a) Service upon an infant is made by delivering a copy of the summons and of the complaint to him personally; and if he is under the age of 14 years and resides within the Canal Zone also to his father, mother, or guardian, or if there is none within the Canal Zone then to any person having the care or control of the infant, or with whom he resides, or in whose service he is employed. (b) Service upon an incompetent person is made by delivering a copy of the summons and of the complaint to him personally; and if he resides within the Canal Zone and has been judicially declared to be incapable of conducting his own affairs and a guardian has been appointed for him, also to his guardian. § 162. Service by publication; actions in which authorized The court may order that service be made by the publication of the summons when: (1) it appears by affidavit to the satisfaction of the court that the person on whom service is to be made: (A) resides out of the Canal Zone; or (B) has departed from the Zone; or (C) after due diligence cannot be found within the Zone; or (D) conceals himself to avoid the service of summons; or (E) 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 (2) it also appears by affidavit, or by the verified complaint on file, that: (A) a cause of action exists against the defendant upon whom service is to be made, or that he is a necessary or proper party to the action; or (B) it is an action which relates to or the subject of which is real or personal property in the Zone, in which the defendant person or corporation has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part in excluding the person or corporation from any interest therein. § 163. Same; manner of publication; service outside Canal Zone (a) The court by its order for publication shall prescribe the form of the summons to be published, which shall include a brief statement of the relief demanded, (b) The court shall direct the publication to be made in such newspaper or newspapers designated by the court 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. The last publication against a defendant residing out of the Canal Zone, or absent therefrom, may not be less than 40 days before the day on which the defendant is required to appear.

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