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Session Laws, 1970
Volume 695, Page 1459   View pdf image
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Marvin Mandel, Governor                        1459

firms, corporations, or the federal government; and the acceptance
of the rights and privileges of using the highways or the operation
of the motor vehicle by the nonresident individual, firm, or corpora-
tion, as hereinbefore provided, shall be a signification of his, their,
or its agreement that the process be of the same legal force and valid-
ity (except as hereinafter provided) as if served on him, them, or it
personally.

(b)    Service of these persons shall be made by leaving a copy of
the process with a fee of $2.00 in the hands of the Secretary of State
or in his office, or by sending a copy of the process by registered or
certified mail, return receipt requested, to the Secretary of State, for
which the clerks of courts, justices of the peace, or trial magistrates
shall collect a fee of one dollar to cover the cost of mailing, and this
service shall be sufficient service upon the said nonresident individ-
ual, firm, or corporation, and of full force and effect in any court and
before any justice of the peace or trial magistrate of this State; pro-
vided that notice of the 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 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 or trial magistrate in which the proceedings are
pending.

(c)    If the return receipt is not returned to the plaintiff or the
plaintiff's attorney, signed by the defendant, notice of the service
and a copy of the declaration, cause of action, or titling, shall be
served upon the defendant by any person authorized to serve process
under the law of the jurisdiction in which the defendant may be
found; and when a declaration, cause of action, or titling in the
action shall have been filed in court or before a justice of the peace
or trial magistrate and service of process made upon the Secretary
of State, and notice thereof and a copy of the 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 the
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 defen-
dant was found, filed with the clerk of the court or before the
justice of the peace or trial magistrate as hereinabove provided.

(d)    The defendant shall plead to said declaration, cause of action,
or titling within sixty days from the date of delivery of the notice
of service and copy of the declaration, cause of action, or titling
noted upon the return receipt, or from the date of service of process
upon the defendant by a person authorized, under the law of the
jurisdiction in which the defendant was found to serve process.

(e)    And if the defendant fails to so plead, judgment by default
shall be entered against him, by the court or clerk thereof or the
justice of the peace, or trial magistrate, upon motion in writing
made by the plaintiff or his attorney, at any time thereafter, before
the defendant has pleaded, unless the court, the justice of the peace
or trial magistrate for good reasons, has granted the defendant
further time to plead; and upon the entry of judgment, the plaintiff
may forthwith sue out his writ of inquiry, or otherwise enter up
final judgment, according to the course of the court.


 

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Session Laws, 1970
Volume 695, Page 1459   View pdf image
 Jump to  
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