The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

or from the county of his residence, with intent
TO delay dcfraud his creditors, or TO avoid the
! service Of II summons, or keeps himself concealed
therein with the like intent.
| Sec. II. Before service can be made by pub
lication, all affidavit must be filed, that service
Of u summons canr OF be made within this State,
on the defendant or dc cfendants 10 be served by
publication, and that the case is one OF those
mentioned in the proceeding section. When
such affidavit is filed, the party may proceed to
make service by publications.
Sec. ~. The publication must he made six
consecutive weeks, in some newspaper printed
in the county where the petition is filed, if there
by any printed in such comfy; and il there be
not, in some new spaper printed in this State OF
general circulation in that county 1t must con-
tain summary statement Of the obi oct and prayer
Of the petition, mention the court wherein II is
fled and notify the person or persons thl 8 to be
served, when they are required TO answer.
Sec. 13. Service by rublicaiio shall be
deemed complete, when IL shall have been made
in the manner and for the time prescribed in the
proceeding section and such service shall be
proved by the affidavit OF the printer, or his
foreman, or principal clerk, other person know
ing the same.
| Sec. IL. In all cases where service may be
made by publication, personal service OF II
' copy of the summons e. complaint may be made
A out of the State
b Sec. IS. party against whom judgment
or order has been rendered without other service
G than Dy publication in n newspaper, may, at any
time within five years after the date OF the ludg'
v ment or order, have the same opened, and be let
Il in to defend Before the judgment or order sha IL
be opened, the applicant shall give notice to the
II adverse party OF his intentions to make such an
d applcat ton, and shal, file full answer to the pc.
IS tition, pay all costs, il the court require them
r. to be paid, and make il appear 10 the satisfaction
OF the court, by affidavit, that during the pen
70 dency Of the action, he had no actual notice
is thereof, in time to appear in court aud make MS
Or defence: but the title to any property, the sub
~ ject Of the judgment or order sought TO be open
or cd, which, ny il or IN consequence of it, shal
i'd have passed to purchaser in good faith, shal
ut not be affected by any proceedings under this
" section, shall they affect title Of any prop
or erty sold before dgnent under an at tachment
The adverse party, on the hearing OF an npplica
hit ton to open judgment, or order, as provided
io by this section shall be allowed to presen
be counter afdavits to show that during the pen
dency oithe action the applicant, had notic'
be thereof in time to appear in court, and maxi
nd his defence.
re Sec. 16 In actions where il shall be necessar.
he TO make the heirs or devisees Of any deceased
person, defendants, nd it shall appear by the al
fdavit of the plaintiff annexed to his petition
that the names of such heirs or devsees, or an.
of them, and their residence, are unknown L
tie plaintiff, proceedings may be had agans
's such unknown heirs or devsees, without naming
them, and the court shall make such order res
pecting service, as may be deemed proper: /
service by publication be ordered, the publica
tion shall not be less than six weeks.
-, Sec. II. where the action is against two o
~ more defendants, and one more shall have bee
" served, but not all OF them, the plaintiff INA,
W proceed as follows:
L. IL the action be aga inst defendants iointl
~ indebted upon contract he may proceed agans
the de icndants served unless the court othcrwis
~ direct: