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Session Laws, 1951
Volume 603, Page 345   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 345

(e) An unsuccessful attempt to serve process upon a resi-
dent agent shall be deemed to have been made if an attempt
to serve such process has been made during usual business
hours at the address certified to the Commission as the post
office address of such resident agent, and such place is closed
or there is no resident agent of such corporation at such
address.

(f) The return of the officer making an unsuccessful at-
tempt to serve process as aforesaid shall set forth the date
and hour when such service of process was attempted and
other facts meeting the conditions hereinabove provided.

(g) In all cases mentioned in this section the officer serv-
ing process shall leave a copy thereof with the person upon
whom it is served, and if such process is not served upon a resi-
dent agent, the president, secretary or treasurer, a copy
thereof shall also be left at the principal office of the corpo-
ration in this State, if any.

(h) Process issued out of any court or by any justice of
the peace of this State against any corporation of this State
or any foreign corporation may be directed to the sheriff, con-
stable or other proper officer of any county, returnable to the
clerk of the court out of which, or to the justice of the peace
by whom, the same was issued.

(i) Nothing in this section shall prevent service of process
in the manner permitted by the motor vehicle laws of this
State against a foreign corporation in an action arising out
of an accident or collision in which such foreign corporation
was involved if such foreign corporation has no resident agent.

93. (Service on Commission. ) In cases in which any
corporation of this State or any foreign corporation is pre-
sumed, as provided in this sub-title, to have designated the
Commission as its true and lawful attorney authorized to
accept on its behalf service of process, service of such process
may be made by leaving two copies of the process, with the fee
required by law, in the office of the Commission with any
member of the Commission or with its Secretary. Such serv-
ice shall be sufficient service upon such corporation and of
full force and effect in any court and before any justice of the
peace of this State.

The fee so paid by the plaintiff to the Commission at the
time of service of process in accordance with the provisions
of this section shall be taxed in the costs of the proceeding.

94. (Duties of Commission. ) When service of process upon
any corporation of this State or upon any foreign corporation


 

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Session Laws, 1951
Volume 603, Page 345   View pdf image (33K)
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