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(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. Same; personal judgment

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. Same; default judgment

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 summons 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 by 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.

(b) In case of service otherwise than by publication, the certificate or affidavit shall state the time and place of service.

§ 168. When jurisdiction acquired; voluntary appearance

From the time of the service of a copy of the summons and of the complaint 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 has jurisdiction of the parties and control of all the subsequent proceedings.

The voluntary appearance of a defendant is equivalent to personal service of a copy of the summons and of the complaint upon him. § 169. Failure to serve all defendants

If the action is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. $ 170. Service on nonresident motorists and absent motorists (a) The use or operation in the Canal Zone of a motor vehicle: (1) by a nonresident; or

(2) in the business of a nonresident; or

(3) owned by a nonresident if so used or operated with his permission, express or implied

is equivalent to an appointment by the nonresident of the executive secretary of the Canal Zone Government to be his true and lawful attorney upon whom may be served the summons in an action against him, growing out of an accident or collision in which the nonresident may be involved while using or operating the motor vehicle in the Canal Zone, or in which the motor vehicle may be involved while being used or operated in the Canal Zone in the business of the nonresident or with the permission, express or implied, of the nonresident owner. That use or operation shall be a signification of the nonresident's agreement that the summons against him which is served in the manner provided in this section shall be of the same legal force and validity as if served on him personally within the Canal Zone, and that the appointment of the executive secretary shall be irrevocable and binding on his executor or administrator.

(b) If the nonresident dies prior to the commencement of an action brought pursuant to this section, service of process shall be made on his executor or administrator in the same manner and on the same notice as is provided in the case of the nonresident himself. If an action has been duly commenced under this section by service upon a nonresident who dies thereafter, the court shall allow the action to be continued against his executor or administrator upon motion with such notice as the court deems proper.

(c) Service of the process shall be made by delivering a copy of the summons and complaint with a fee of $2 for each nonresident to be served to the executive secretary of the Canal Zone Government and such service shall be a sufficient service on the nonresident subject to compliance with subsection (d) or (e) of this section.

(d) A notice of the service on the executive secretary of the Canal Zone Government and a copy of the summons and complaint shall be forthwith sent by or on behalf of the plaintiff to the defendant by registered or certified mail with return receipt requested. The plaintiff shall file with the court the original summons, an affidavit of compliance with this section, and either a return receipt purporting to be signed by the defendant or a person qualified to receive his registered or certified mail, in accordance with postal rules and customs: or, if acceptance was refused by the defendant or his agent, the original envelope bearing a notation by the postal authorities that

receipt was refused, and an affidavit by or on behalf of the plaintiff that notice of the mailing or refusal was forthwith sent to the defendant by ordinary mail. If notice of service is mailed to a foreign country, other official proof of delivery of the mail may be filed in case the postal authorities are unable to obtain a return receipt. The foregoing papers shall be filed within 30 days after the return receipt, other official proof of delivery, or original envelope bearing a notation of refusal is received by the plaintiff. Service of process is complete 10 days after such papers are filed. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the defendant or a person qualified to receive his registered or certified mail; and the notation of refusal shall constitute presumptive evidence that the refusal was by the defendant or his agent.

(e) In lieu of the mailing required by subsection (d) of this section, a notice of service on the executive secretary of the Canal Zone Government and a copy of the summons and complaint may be served on the defendant personally outside the Canal Zone. The service may be made by a resident of the Canal Zone not interested in the action, by a duly constituted public officer qualified to serve like process in the place where the service is made, by an attorney at law duly qualified to practice in the state or country where the service is made, or by a United States marshal or his deputy. Proof of personal service outside the Canal Zone shall be filed with the court within 30 days after the service, and service of process is complete 10 days after proof thereof is filed."

(f) The court may order necessary continuances to afford the defendant reasonable opportunity to defend the action.

(g) The executive secretary shall keep a record of all process served upon him under this section and the record shall show the day and hour of service.

(h) This section also applies to a resident who departs from the Canal Zone subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether the absence is intended to be temporary or permanent, and to his executor or administrator.

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§ 201. Statute of limitations, how pleaded

In pleading the statute of limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section- -[giving the number of the section and subdivision thereof, if it is so divided, relied upon] of the title. If the allegation is controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.

§ 202. Counterclaim not barred by death or assignment

When cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.

§ 203. Libel and slander; complaint

In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that it was published or spoken concerning the plaintiff. If the allegation is controverted, the plaintiff must establish on the trial that it was so published or spoken.

§ 204. Same; answer

In the actions specified by section 203 of this title the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.

Bec.

CHAPTER 11-PROVISIONAL REMEDIES

BUBCHAPTER I-CIVIL ARREST AND BAIL

241. Restriction on civil arrest.

242. Grounds for arrest.

243. Affidavit to obtain order.

244. Security by plaintiff.

245. Time order made; form.

246. Delivery of order and affidavit to marshal and defendant.

247. Arrest and custody of defendant.

248. Discharge on bail or deposit.

249. Giving of bail.

250. Surrender of defendant.

251. Arrest by bail; exoneration and liability of bail.

252. Enforcement of liability of bail.

253. Exoneration of bail.

254. Return of marshal; filing of undertaking; acceptance or rejection of ball.

255. Notice of justification of bail; new undertaking.

256. Qualifications of bail.

257. Justification of bail.

258. Allowance of bail; exoneration of marshal.

259. Cash deposit in lieu of bail.

260. Payment of deposit into court.

261. Substitution of bail for deposit.

262. Disposition of deposit.

263. Liability of marshal as bail.

264. Proceedings on judgment against marshal.

265. Vacation of order of arrest; reduction of bail.

SUBCHAPTER II-CLAIM AND DELIVERY OF PERSONAL PROPERTY

291. Claim for delivery.

292. Affidavit; contents.

293. Requisition to marshal to take property.

294. Undertaking by plaintiff; taking of property; service on defendant.

295. Exception to plaintiff's sureties; Justification.

296. Undertaking by defendant for return of property.

297. Exception to defendant's sureties; Justification.

298. Qualifications of sureties.

299. Property concealed in building or inclosure.

300. Keeping and delivery of property; fees and expenses.

301. Claims by third persons.

302. Filing and return by marshal.

303. Order protecting plaintiff in possession.

304. Affidavit stating incorrect value; judgment against officer or sureties.

SUBCHAPTER III-INJUNCTIONS

321. Injunction defined; grant and enforcement. 322. Grounds for grant or denial of injunction.

SUBCHAPTER IV-ATTACHMENT

Sec.

341. Actions in which authorized.

342. Affidavit for attachment.

343. Undertaking on attachment; exceptions to sureties.

344. Direction and command of writ; more than one defendant.

345. Property subject to attachment; sale to satisfy judgment.

346. Method of attaching real and personal property; garnishment.

347. Attachment lien on real property.

348. Garnishment; notice to garnishee.

349. Same; liability of garnishee.

350. Same; examination of garnishee and defendant; order for delivery or memorandum of property.

351. Marshal's return; inventory; memorandum of garnishee.

352. Perishable property; custody of other property; collection of debts and credits.

353. Sale of attached property.

354. Claims by third persons.

355. Satisfaction of judgment.

356. Collection of balance due; return of surplus.

357. Plaintiff's remedies if execution is unsatisfied.

358. Judgment for defendant; discharge of attachment.

359. Discharge of attachment on defendant's undertaking. 360. Requirements for defendant's undertaking.

361. Discharge of attachment irregularly issued.

362. Return of writ; filing order releasing attachment.

363. Release of real property from attachment.

364. Attachment of interest in decedent's estate.

SUBCHAPTER V-RECEIVERS

381. Appointment of receivers generally.

382. Appointment of receivers upon dissolution of corporations.
383. Qualifications of receivers; undertaking on ex parte appointment.
384. Oath and undertaking of receiver.

385. Powers of receivers.

386. Investment of funds.

387. Unclaimed funds in receiver's hands.

SUBCHAPTER VI-DEPOSITS IN COURT; HANDLING OF FUNDS BY CLERK

411. Order for deposit of money or property or delivery to another party. 412. Enforcement of order.

413. Money deposited in registry of court.

414. Deposit of sums over $200 in depositary; disbursements; records.

415. Maintenance of general deposit account; interest; commission; deposit of funds.

416. Designation of depositaries.

417. Deputy clerks and acting clerks.

418. Disposition of unclaimed funds by clerk.

Subchapter I-Civil Arrest and Bail

§ 241. Restriction on civil arrest

A person may not be arrested in a civil action, except as prescribed in this Code.

§ 242. Grounds for arrest

The defendant may be arrested:

(1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent to defraud his creditors;

(2) in an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty;

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