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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 3309   View pdf image (33K)
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THOMAS SWANN! ESQUIRE, GOVERNOR. 971

Sec. 212. And be it enacted, That if any cor-
porations or joint stock companies embraced in
the next preceding section after any liability shall
occur within this State, or after any contract shall
have been made by it with any resident of this
State, shall cease to have any agent in this State,
and no President, Director or Manager of such
corporation, or joint stock company or association,
can be found in this State, then in such case ser-
vice of any writ or process issuing from the courts
of this State, on the person who was last the agent
of such corporation or joint stock company in this
State, shall be deemed sufficient service, if a copy
of such process be served on the President or Man-
ager, or two Directors of such corporation or joint
stock company, wherever they may be found, and
an affidavit of such service be made before any per-
son authorized by the laws of this State to take the
acknowledgments of deeds.

Service on
agent.

Sec. 213. And be it enacted, That if any corpo-
ration whatever, upon which process has been
served as hereinbefore prescribed, shall fail to ap-
pear during the term, or rule day for the return of
process to which such process shall be returned, or
by the second day of the succeeding term or rule
day for the return of process, judgment by default
shall be entered against such corporation, and the
amount of the claim of the plaintiff shall be ascer-
tained by a jury of inquiry or otherwise, as in
other cases of judgment by default.

Judgment by
default.

Sec. 214. And be it enacted, That when a judg-
ment has been recovered against a corporation, and
an execution on such judgment returned nulla bona,
the person or body corporate entitled to such judg-
ment may file a bill in equity against all or any
persons who may be in any manner indebted to
said corporation, either for the stock thereof or on
any other account ; and if the court shall find such
person or persons to be indebted to said corpora-
tion, a decree shall pass directing such person so
found to be indebted to bring the money into court,
to be distributed rateably among the creditors of
such corporation, in the same manner that distri-
bution is made on a creditor's bill ; and any of the
defendants to said bill may pray a trial at law of

Bill in equity.



 

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Proceedings and Acts of the General Assembly, March 30, 1868
Volume 142, Page 3309   View pdf image (33K)
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