Page:United States Statutes at Large Volume 77.djvu/547

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

(2) the nonresidence of the defendant or his absence for at least six months is proved by affidavit to the satisfaction of the court. §13-339. Form of order of publication An order of publication shall be in the following or an equivalent form: United States District Court for the District of Columbia. AB, plaintiff, versus In . No. CD, defendant. The object of this action is to (state it briefly). On motion of the plaintiflP, it is this day of, A. D. -, ordered before the fortieth day, his appearance to be entered herein on or that the defendant causeexclusive of Sundays and legal holidays, occurring after the day of the first publication of this order; otherwise the cause will be proceeded with as in cause of default. Judge. §13^40. Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney (a) An order of publication shall be published at least once a week for three successive weeks, or oftener, or for such further time as the court orders. (b) An order, judgment or decree may not be entered against an absent or nonresident defendant upon proof of notice by publication, unless the plaintiff, his agent, or attorney files in the action an affidavit showing that at least twenty days before applying for the order, judgment or decree he mailed, postpaid, a copy of the advertisement, directed to the party therein ordered to appear, at his last known place of residence, or that after diligent effort he has been unable to ascer tain the last place of residence of the party. (c) On failure of the defendant to appear in obedience to the notice within the time stated therein, a judgment or decree by default may be entered. (d) If the absent or nonresident defendant is an infant, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court may assign counsel to represent ihe infant in the manner provided by subsection (a) of section 13-332. (e) If the absent or nonresident defendant is non compos mentis, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court shall assign an attorney to represent the defendant, whose compensation shall be paid by the plaintiff, or out of the estate of the defendant, at the discretion of the court. § 13-341. Service by publication on persons unknown to be living or dead and on unknown heirs and devisees (a) When a person would be a proper party to a judicial proceeding if living, and upon allegation under oath and proof satisfactory to the court that it is unknown whether he is living or dead, he may be proceeded against as if he were living, and with like effect, if a representative of or claimant under him does not intervene in the action before final determination thereof, after notice by publication as in the case of nonresident parties. (b) When a person who would have been a proper party to a judicial proceeding is dead, and it is unknown whether he died testate or left heirs, or his heirs and devisees are unknown, the unknown persons

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