Page:United States Statutes at Large Volume 77.djvu/546

 514

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

(b) When a foreign corporation transacts business in the District without having a place of business or resident agent therein, service upon any officer or a^ent or employee of the corporation in the District is effectual as to actions growing out of contracts entered into or to be performed, in whole or in part, in the District of Columbia or growing out of any tort committed in the District. § 13-335. Service by publication on domestic or foreign corporations In an action specified by section 13-336, when process can not be served upon a domestic or foreign corporation, the corporation may be proceeded against as a nonresident defendant, by notice by publication. § 13-336. Service by publication on nonresidents, absent defendants, and unknown heirs or devisees (a) I n actions specified by subsection (b) of this section, publication may be substituted for personal service of process upon a defendant who can not be found and who is shown by affidavit to be a nonresident, or to have been absent from the District for at least six months, or against the unknown heirs or devisees of deceased persons. (b) This section applies only to: (1) actions for partition; (2) actions for divorce or annulment; (3) actions by attachment; (4) actions for foreclosure of mortgages and deeds of trust; (5) actions for the establishment of title to real estate by possession; (6) actions for the enforcement of mechanics' liens, and other liens against real or personal property within the District; and (7) actions that have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court. § 13-337. Personal service outside District in lieu of publication (a) I n actions specified by section 13-336, personal service of process may be made on a nonresident defendant out of the District, and the service has the same effect, and no other, as an order of publication duly executed. (b) The service may be made by any person not a party to or otherwise interested in the subject-matter in controversy. The return shall be made under oath in the District of Columbia, unless the person making the service is a sheriff, deputy sheriff, marshal, or deputy marshal, authorized to serve process where service is made. The return must show the time and place of service and that the defendant so served is a nonresident of the District of Columbia. (c) The cost and expense of such service of process out of the District shall be borne by the party at whose instance it is made and may not be taxed as part of the costs in the case; but where the service of process is made by an authorized officer of the law specified by this section, the actual and usual cost of the service of process shall be taxed as a part of the costs in the case. § 13-338. Prerequisites for order of publication An order for the substitution of publication for personal service may not be made until: (1) a summons for the defendant has been issued and returned "Not to be found," and

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