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Session Laws, 1967
Volume 681, Page 1147   View pdf image (33K)
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SPIRO T. AGNEW, Governor                     1147

[(c) Without limiting any rights of attachment otherwise con-
ferred by law, if any corporation of this State or any foreign cor-
poration (1) has not a resident agent, or (2) has one or more
resident agents and unsuccessful attempts have been made on dif-
ferent business days to serve process either twice upon one resident
agent or once upon each of two resident agents, the property of
such corporation may be subjected to attachment in the same manner
as the property of an individual twice returned non est.]

[(e) An unsuccessful attempt to serve process upon a resident
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 attempt
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 serving
process shall leave a copy thereof with the person upon whom it is
served, and if such process is not served upon a resident agent, the
president, secretary or treasurer, a copy thereof shall also be left
at the principal office of the corporation 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, constable 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.]

[97. Service on Commission]

[In cases in which any corporation of this State or any foreign
corporation is presumed, as provided in this subtitle, to have desig-
nated 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 service 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 sec-
tion shall be taxed in the costs of the proceeding.]

Sec. 2. And be it further enacted, That Section 95 of Article 23,
title "Corporations," subheading "I. Stock Corporations," subtitle
"Process," be and it is hereby repealed and re-enacted with amend-

 

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Session Laws, 1967
Volume 681, Page 1147   View pdf image (33K)
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