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Session Laws, 1941
Volume 582, Page 1571   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1571

his, their or its true and lawful attorney upon whom may
be served all lawful processes in any action or proceeding
instituted, filed or pending against him, them or it, grow-
ing out of any accident or collision in which said non-
resident may be involved, while operating or causing to
be operated, a motor vehicle on such public highway and
said acceptance of the rights and privileges of using said
highways or the operation of said motor vehicle by said
non-resident individual, firm or corporation within this
State, shall be a signification of his, their or its agreement
that such process against him, them or it which is so
served shall be of the same legal force and validity (ex-
cept as hereinafter provided) as if served on him, them
or it personally. Service of such persons shall be made
by leaving a copy of the process with a fee of $2. 00 ill the
hands of the Secretary of State or in his office, and such
service shall be sufficient service upon the said non-resi-
dent individual, firm or corporation, and of full force and
effect in any court and before any Justice of the Peace
of this State; provided that notice of such service and a
copy of the declaration, cause of action or titling shall
forthwith be sent by registered mail by the plaintiff or
his attorney to the defendant and the defendant's return
receipt, and the plaintiff's or his attorney's affidavit of
compliance herewith shall be filed with the Clerk of the
Court or before the Justice of the Peace in which the said
proceedings are pending; but in the event such return re-
ceipt is not returned to the plaintiff or the plaintiff's at-
torney, signed by the defendant, then notice of such serv-
ice and a copy of the declaration, cause of action or titling,
shall be served upon the defendant by any person author-
ized to serve process under the law of the jurisdiction in
which the defendant may be found; and when a declara-
tion, cause of action or titling in any such action shall have
been filed in Court or before a Justice of the Peace and
service of process made upon the Secretary of State, and
notice thereof and a copy of said declaration, cause of
action or titling sent to the defendant, and the defendant's
return receipt, together with the affidavit of compliance,
or an affidavit by the person making the service on the
defendant, that a notice of such service and a copy of the
declaration, cause of action or titling have been served
upon the defendant by a person authorized to serve process
under the law of the jurisdiction in which the defendant
shall have been found, filed with the Clerk of the Court
or before the Justice of the Peace as hereinabove pro-
vided, the defendant shall plead to said declaration, cause
of action or titling within sixty days from the date of

 

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Session Laws, 1941
Volume 582, Page 1571   View pdf image (33K)   << PREVIOUS  NEXT >>


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