By statute 66 it is provided that if the defendant cannot be found, service of summons may be made by leaving such copy at the usual place of abode of such defendant in the presence of some person of suitable age who shall be informed as to its contents. This statute being in derogation of the common law is strictly construed and the officer must, if he finds anyone on the premises or in charge thereof, inform such person of the contents of the writ. Failure to do so will render it nugatory.67

Where substituted service is had, the party defendant is entitled to two full days' notice to prepare for the day of appearance, the same as in case of personal service.68

60. Folkner v. Beers, 2 Doug. p. 117.

61. Fowler v. Breedan, 98 Mich, p. 133.

62. Butler v. Bertrand, 97 Mich. p. 50.

63. Grueler v. McRoberts, 48 Mich. p. 316.

64. Dolee v. Ireland, 9 Mich, p 157.

65. Compiled Laws 1915, 13252.

66. "The officer to whom such summons shall be delivered shall serve the same at least two days before the time of appearance mentioned therein, by delivering to the defendant, if to be found within the county, a copy thereof, but if the defendant shall not be found it shall be served by leaving such copy at the usual place of abode of such defendant, in the presence of some person of suitable age who shall be informed of its contents." Section 13243, Compiled Laws 1915.

67. Knopf v. Herta, 212 Mich. 622.

68. Zimmerman v. May, 208 Mich. 55.

If the defendant does not appear and personal service is not obtained, in land contract cases it is thought to be the better practice not to take or enter a judgment against the defendant until personal service upon him can be had.69