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Session Laws, 1943
Volume 584, Page 505   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 505

tered mail summons shall constitute effective service even
though not delivered (1) if such non-delivery is caused by the
addressee or addressee's agent's refusal to accept delivery and
(2) if the clerk mails such summons to the addressee by ordi-
nary mail at least three days before the date fixed for the trial.
Notations by an authorized postal employee to the effect that
the addressee or his agent has refused delivery shall be prima
facie evidence thereof.

752B. The Judges of the People's Court may by rule pro-
vide for the service of summons in cases brought in said Court
under the provisions of Section 752 hereof by ordinary mail
special delivery, except that no money judgment shall be
entered thereon. Where service is by ordinary mail special de-
livery, the clerk shall enclose the summons in an envelope ad-
dressed to the defendant or to the occupant of the premises in
question, prepay the postage and mail the same forthwith,
noting on the records the day and hour of mailing. Said enve-
lope shall have printed thereon direction that in case of non-
delivery to the addressee or to the occupant of the premises, it
shall be returned to the Court within the time so fixed by rule
and printed on said envelope. If not returned to said Court
within said time, it shall constitute prima facie evidence of
service of said summons on the premises. If the envelope con-
taining the summons shall be returned to the Court, personal
service of such summons shall be made by constable upon said
tenant, assignee or under tenant in said premises, or upon his
or their known or authorized agent, but if, for any reason,
neither said tenant, assignee or under tenant, nor his or their
agent can be found, then said constable shall affix an attested
copy of said summons conspicuously upon said premises, and
such affixing of said summons shall, for the purpose of this
sub-division of this Article, be deemed and construed a suf-
ficient service.

752C. The Judges of the People's Court may by rule provide
for the service of summons in cases brought in said Court under
the provisions of Section 752 hereof by ordinary mail. Where
service is by ordinary mail, the clerk, shall enclose the summons
in an envelope addressed to the defendant or to the occupant
of the premises in question, prepay the postage and mail the
same forthwith, noting on the records the day and hour of
mailing. Said envelope shall have printed thereon direction
that in case of non-delivery to the addressee or to the occupant
of the premises, it shall be returned to the Court within the
time so fixed by rule and printed on said envelope. If not re-
turned to said Court within said time, it shall constitute prima
facie evidence of service of said summons on the premises. If
the envelope containing the summons shall be returned to the

 

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Session Laws, 1943
Volume 584, Page 505   View pdf image (33K)
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