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A History of Matrimonial Institutions, Vol. 3 of 3

Note 580 — Chapter XVII · A CENTURY AND A QUARTER OF DIVORCE LEGISLATION IN THE UNITED STATES, 1776-1903 (continued 3)

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In New York, for instance, the order for publication must direct that the summons be published "in two newspapers, designated in the order as most likely to give notice to the defendant, for a specified time, which the judge deems reasonable, not less than once a week for six successive weeks;" and unless the judge is satisfied from affidavits presented that the defendant's residence is unknown, it must also require that copies of the summons, complaint, and order be mailed to him at a specified place: Birdseye, Rev. Stat. (1896), I, 18. The laws of Ohio and Kansas are similar: Bates, Ann. Rev. Stat. of Ohio (1897), II, 2805; Laws of Kan. (1897), II, 273. By the statute of Pennsylvania, if the adverse party is not found, the court may issue an alias subpoena, and trial may be set for a later term. If a second time personal service cannot be had, notice must be "published in one or more newspapers printed within or nearest to the said county for four weeks successively" prior to the first day of the next term: Pepper and Lewis, Digest (1896), I, 1642. Colorado has a careful provision. See also Civil Laws of the Hawaiian Islands (1897), 716-18; and the new law of New Jersey: Acts (1903), 122, 123.

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