Chap. 127.—An ACT to Amend and Re-enact Section 12, Chapter 170 of
the Code, as Amended by the Act passed January 8th, 1867, in relation
to the Time when a Case may be Tried after Order of Publication.

Approved March 8, 1873.

1. Be it enacted by the general assembly, That section
twelve, chapter one hundred and seventy of the Code, as
amended and re-enacted by the act passed January eighth,
eighteen hundred and sixty-seven, entitled an act to amend and
re-enact the twelfth section of the one hundred and seventieth
chapter of the Code, be amended and re-enacted so as to read
as follows:

§ 12. When such order shall have been so posted and pub-
lished, if the defendants against whom it is entered, or the
unknown parties, shall not appear within one month after such
publication is completed, the case may be tried or heard as to
therm, and no other publication shall be thereafter required in
any proceeding in court, or before a commissioner, or for the
purpose of taking depositions, unless specially ordered by the
court as to such defendants or uaknown parties. Personal
service of the summons, scire facias, or notice, may be made
by any person not a party to or otherwise interested in the
subject matter in controversy, on a non-resident defendant out
of this state, which service shall have the same effect, and no
other, as an order of publication duly posted and published
against him. In such case the return must be made under
oath, and must show the time and place of such service, and
that the defendant so served is a non-resident of this state.
Upon any trial or hearing under this section, such judgment,
decree or order shall be entered as may appear just. .

2. This act shall be in force from its passage.