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Service in case of forcible resistance.
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70. In any case where it shall appear to the assistant barrister, by examination on oath in open court, that any officer appointed to serve the process of the said civil bill court has been prevented by forcible resistance, or by reasonable apprehension of personal injury, from effecting service of any process of the said court, it shall and may be lawful for such assistant barrister in every such case to direct, by an order to be signed by him, and entered in the book of the clerk of the peace, that posting a copy of a civil bill process on the court house in which the court may be then sitting, and on the usual place for posting notices in the nearest market town to the residence of the defendant named in such process, or of one of the defendants if there be more than one, at least twenty-one days before the first day of the next sessions to be holden for the same division of the county or riding, shall be deemed good service of such process; and at foot of every such copy shall be affixed a notice that the same is so posted by order of the said assistant barrister, and that such process will be held good service thereof; and upon its being proved on oath to the satisfaction of the assistant barrister at the next sessions holden for the same division that such copy and notice have been so duly posted, it shall be lawful for such assistant barrister, and he is hereby authorized and required, to proceed to hear and determine such civil bill in all respects as if the process thereon had been personally served on the defendant or defendants named therein.
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