Page:United States Statutes at Large Volume 68 Part 1.djvu/155

 68 S T A T. ]

PUBLIC LAW 365-MAY 25, 1954

SEC. 7. SERVICE OF PROCESS ON NONRESIDENT.—The operation by a

nonresident or by his agent of a motor vehicle on any public highway of the District of Columbia shall be deemed equivalent to an appointment by such nonresident of the Commissioners or their successors in office to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against such nonresident 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 by leaving a copy of the process with a fee of $2 in the hands of the Commissioners or in their office, and such service shall be sufficient service upon the said nonresident: Provided, That the plaintiff in such action shall first file in the court in which said 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 further, That notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff, or his attorney, 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 process may be served upon the defendant in the manner provided by section 105 of the Code of Laws for the District of Columbia (31 Stat. 1206, as amended; § 13-108, D. C. Code, 1951 edition). The court in which the action is pending may 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 hereinabove provided, of a copy of the process and notice of service of said process upon the Commissioners. For the purposes of this section, the term "nonresident" shall include every person who is not a resident of the District of Columbia and any person who was a resident of the District of Columbia at the time he was involved in an accident or collision in said District, but who, subsequent to such accident or collision, became a nonresident of the District and remains a nonresident at the time the said process is sought to be served on him. SEC. 8. OPERATOR DEEMED TO BE AGENT OF OWNERS.—Whenever any

motor vehicle, after the passage of this Act, shall be operated upon the public highways of the District of Columbia by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall in case of accident, be deemed to be the agent of the owner of such motor vehicle, and the proof of the ownership of said motor vehicle shall be prima facie evidence that such person operated said motor vehicle with the consent of the owner. SEC. 9. ESTABLISHMENT OF MOTOR VEHICLE OWNERS' AND OPERATORS' FINANCIAL RESPONSIBILITY F U N D, D. C. — (a) There is hereby created

in the Treasury of the United States a special fund which shall be known as the Motor Vehicle Owners' and Operators' Financial Responsibility Fund, D. C., to which shall be deposited any funds paid to the Commissioners as security or proof in accordance with the provisions of this Act.

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