Page:United States Statutes at Large Volume 76A.djvu/384

–288– -288(c) In case of publication, if the residence of the nonresident or absent defendant is known, the court shall direct a copy of the summons and complaint to be forthwith deposited by the clerk in the post office, directed to the person to be served, at his place of residence. If the residence of the defendant is unknown, it shall be directed to his last known place of residence with the request to forward if not called for in five days. (d) Upon application of the plaintiff in a case where service by publication may be ordered, the court shall authorize personal service upon the defendant outside the Canal Zone by delivery to him in person of a true copy of the summons and the complaint, by any person not a party to or otherwise interested in the subject matter in controversy. That service has only the effect of service of summons by publication. Return on that service shall be made under oath, with a notation of the time and place of service. § 164. S a m e; personal j u d g m e n t Except as provided by a statute of the United States other than sections 162 and 163 of this title, if jurisdiction is acquired over a person who is outside the Canal Zone by publication of summons or by service outside the Canal Zone, the court may render a personal judgment against him only if he was personally served with a copy of the summons and complaint, and was a resident of the Canal Zone (1) at the time of the commencement of the action, or (2) at the time that the cause of action arose, or (3) at the time of service. § 165. S a m e; default j u d g m e n t If the defendant fails to answer the complaint in an action where the service of the summons was by publication or where the summons was served outside the Canal Zone, the plaintiff, upon the expiration of the time for answering, may, upon proof of the publication or service, and that no answer has been filed, apply for judgment. The court shall thereupon require proof to be made of the allegations of the complaint; and require the plaintiff, or his agent, to be examined, on oath, respecting any payments that have been made to the plaintiff, or to anyone for his use, on account of any demand mentioned in the complaint, and may render judgment for the amount which he is entitled to recover. In actions involving merely the possession of real property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property involved, either by accession, transfer, will, or succession but only the possession thereof, the court may render judgment upon proof of occupancy by plaintiff and ouster by defendant. § 166. Relief from judgment; defendant not personally served If the siunmons in an action has not been personally served on the defendant, the court, on such terms as may be just, may allow the defendant or his legal representative, at any time within one year after the rendition of any judgment in the action, to answer to the merits of the original action. § 167. Proof of service (a) Proof of the service of summons and complaint is as follows: (1) if served by the marshal or deputy, his certificate thereof; (2) if bj' any other person, his affidavit thereof; (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 and complaint in the post office, if the same has been deposited; or (4) the written admission of the defendant.

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