Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1879-03-28

- S~v'
AN ACT to provide for obtaining Ser.
vice of -viEil process, upon foreign
corporations, and nonresident joint
stock companies, and associations.
Be it enacted By the Legislative As
sess6(y wthe Territory Of Idaho, as
foli0scs
SECTION !. The Auditor aud Re-
corder Of each county in this Territory
or in case Of bis absence, the acting de-
putty 1t the time Of service, is hereby
constituted, and shall hereafter be
deemed 70 be, the lawful and authorized
agent, Of aoy and Ill foreign corpora
tions, and non resident joint stock COM
panies, and nou-resident associations
engaged in business, or owning proper
~ in such county, in this Territory, for
I'll tie purposes Of obtaining service Of
process, upon such corporations, joint
stock companies, Of associations, in all
suits, actions, special proceedings. or
other legal proceedings, as law or in
equity, commenced or prosecuted in the
courts Of said Territory held 10 or for
such county.
SEc. 2. When no cashier or secretary
Of such foreign corporations, non-resi.
dent joint stock companies, or non resi-.
dest associations, and no superintend.
ent or managing agent, appointed by
such corporations, joint stock compan
ies or associations can be found within
the county. service Of summons upon
such corporations. joint stock companies
OF associations in all the cases mentioned
in section one OF this act, may be made
upon the Auditor and Recorder Of such
county, OF 10 the event Of his absence.
upon his acting deputy, at the time Of
service.
SEC. 8. In all cases where service Of
summons is made upon the Auditor
and Recorder, - provided in section 2
Of this act, the plaintiff in such action
or his attorney. shall cause to be at
tached TO or endorsed upon the copy Of
summons served a. aforesaid, the name
Of the town or city, state or territory
wherein tbs principal Office OF such
corporation, joint stock COMPANY or as
ISOLATION (dcfendant) il located, aud
after service ofsuch summons upon such
Auditor aud Recorder or bis deputy, i,
shall be the duty Of such Auditor aud
Recorder to record such summons in q
book Of records, to be kept for tina,
purpose and named Record Of Sum.
MONS" and to forward such copy Of
summons and the copy Of the complaint
served upon him in such action, BY mail
post paid. directed 70 the Office Of such
corporation, joint Stock company or as
ISOLATION, in the city or town aud state
or territory, where the Office Of the
said corporation, jointstock company Of
associstian is situated, in accordance
with the directions endorsed upon OF
attached to the said copy Of summons
within twenty.four hours after such
service is made and to mako record
Of the time Of service upon him, and
the time aud manner Of mailing suct
copy Of summons and complaint, ant
such Auditor and Recorder shall be en-
titled to 4 lee Of three dollars for suct
service. to be paid by The plaintiff ant
collected q costa.
SEC. 4. When service 10 obtained n
provided for ia section 8 Of this act
tho defendant must answer o. demu1
thereto, within thirty days thereafter
Sn0. 5. II Il the privilege and i
shall y lawful, for say ZACH foreig,
sorpdlAtioo, nonresident joint stoc,
oompaey. ADD nonresident association
to dssigoats h writing signed BY III
President and eountersigned BY th'
Secretary (and If By : corporation, an
dor " seal) and person, who is resi-
dent Of the county where suit i
bsoughts upoa whom service mag b
mad, d III leeal Proceedings; and tn
same may b fled with and recorded b
sAe county Recorder, In said book q
Record Of 6ummons," and from tn
time d such recording, and % long q
the perscn designated therein. she
publicly reside within such county, 40
service can % oa0 upon MIN 10 sue
county. 1t shall BE- the duty Of III
plaintiff, or the sheriff 10 all legal pr,
eeedings. to serve Summons and oths
process upon the person 20 designated
in such record, and the former section
Of this act, 90 far - they constitute Ii
county Auditor and Recorder ogeu
shall Dot apply to such corporation
joint stock eompaDiss and association
Is have complied With, and shall cor
,inue to comply With the provisions ,
chs sectioo. But If any foreign col
porations, non resident joint stock coa
pany. or non resident association, reful
or fail to comply with this section, az
30 make, and record such designation
such corporation, joint stock compau
or association shall DO deemed in Ia
and equity, 70 have ELECTED 20 sppoin
and to have chosen and constituted Il
Auditor and Recorder its agent. e
the purposes provided for 10 section