Page:United States Statutes at Large Volume 49 Part 1.djvu/214

 74 TH CONGRESS. SESS. I. CH. 89. MAY 3, 1935. 169 The operation by a nonresident or by his agent of a motor vehicle service o t process, on a ny public highw ay of the Distr ict of Columbi a shall be deem ed etc. equivalent to an appointment by such nonresident of the director of vehicles and traffic or his successor in office to be his true and lawful attorney upon whom may be served all lawful processes in any action or proce edings against such nonreside nt growing out of any accident or collision in which said nonresident or his agent may be involved while operating a motor vehicle on any such public highway, and said operation shall be a signification of his agreement that any such process against him, which is so served, shall be of the same legal force and validity as if served upon him personally in the District of Columbia. Service of such process shall be made Method, fe e, e tc. by leaving a copy of the process with a fee of $2 in the hands of the director of vehicles and traffic or in his office, and such service shall be sufficient service upon the said nonresident : Provided, That Provisos. Form, etc ., of under- the plaintiff in such action shall first file in the court in which said taking ; expenses. action is commenced an undertaking in form and amount, and with one or more sureties, approved by said court, to reimburse the defendant, on the failure of the plaintiff to prevail in the action, for the expenses necessarily incurred by the defendant, including a reasonable attorney's fee in an amount to be fixed by the said court, in defending the action in the District of Columbia : And provided f urther, That not ice of such ser vice and a cop y of the proces s are Plaintiff to serve forthwith sent by registered mail by the plaintiff, or his attorney, toe dma. ' by re gis- to the defendant, and the defendant's return receipt appended to the writ and entered with the declaration, or such notice of such service and a copy of the p rocess may be s erved upon the defendant in t he manner provided by section 105 of the Code of Laws for the Dis- trict of Columbia. The court in which the action is pending may Continuances. order such continuances as may be necessary to afford the defendant a reasonable opportunity to defend the action, and no judgment by default in any such action shall be granted until at least twenty days shall have elapsed after service upon the defendant, as herein- above provided, of a copy of the process and notice of service of said process upon the director of vehicles and traffic. SE c. 4 . Pr oof of ability to respond in d amages when re quired by respond n ability to this Act may be evidenced by the written certificate or certificates of any insurance carrier, duly authorized to do business within the District of Columbia, or in the case of a nonresident by an insurance insurance certificates. carrier authorized to transact business in any of the several States, that it has issued to or for the benefit of the person named therein a motor-vehicle liability policy or policies as defined in this Act which, at the date of said certificate or certificates, is in full force and effect and designating therein by explicit description or by other appro- priate reference all motor vehicles with respect to which coverage is gr anted by the policy certi fied t o. The said Commis sioners or thei r designated agent shall not accept any certificate or certificates unless the same shall cover all motor vehicles registered in the name of the person furnishing such proof. Additional certificates as aforesaid shall be required as a condition precedent to the registration of any additional motor vehicle or motor vehicles in the name of such person required to furnish proof as aforesaid. Said certificate or certifi- cates shall certify that the motor-vehicle liability policy or policies therein cited shall not be canceled except upon ten days' prior written notice thereof to the said Commissioners or their designated agent. Such proof may be the bond of a surety company duly authorized B-118- to do business within the District of Columbia or a bond with at least two individual sureties, each owning unencumbered real estate in the District of Columbia, approved by a judge of a court of