When, by the return of any officer of process issued to answer any appeal, writ of error or supersedeas pending in the Supreme Court of Appeals of this state, or when, from affidavit filed with the clerk of said court, it shall appear that any appellee or defendant in error therein is a foreign corporation for which no statutory attorney-in-fact, officer, director or agent is found in this state upon whom service may be had, or is not a resideent of this state, or that the name or place of residence of such party is unknown, so that process cannot be served upon him it shall be the duty of such clerk, upon application, to rtake and issue, on the first Monday in any month, an order of publication against such absent or unknown party or foreign corporation, requiring him or it to appear on a day to be designated in such order, to answer such appeal, writ of error or supersedeas and to have a rehearing of the whole matter therein contained. t
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