An act supplemental to an act concerning Justices of the pease & constables approved February 3. 18271

Sec[Section] 1. Any constable being directed to serve a summons after having made due search & not finding the defendant named in such summons may serve the same by leaving a writen copy thereof with any white person over twelve years of age belonging to the family where such defendant resides, or by posting the same in some conspicuous place in the dwelling house where the defendant may reside, & the constable serving the same shall endorse on the back of said summons the manner in which it was served and the date thereof.3

Sec 2. If the defendant in such summons shall not appear at the time assigned for trial, the Justice issuing the same shall proceed to the trial of the cause and render judgment and issue execution in the same manner as if such summons had been served on the defendant by reading.4

Sec 3. If the defendant against whom such Judgment has been rendered shall appear before the justice rendering the same, within days after such judgment was rendered and make oath that he had in no way come to the knowledge of the servise of such summons by copy as aforesaid within the time prescribed by law, then in such case the the said justice shall grant to the defendant a new trial and all proceedings on execution (if any has been issued) shall be staid and and returned to the justice issuing the same and the said justice shall cause a writen notice to be served on the plaintiff of the time of such new trial.5

Sec 4 This act to take effect from & after its passage.