1929_public laws_76_2
CHAPTER 75 AN ACT TO PROVIDE FOR SERVICE OF PROCESS IN CIVIL SUITS UPON NON-RESIDENT OWNERS AND OPERATORS OF MOTOR VEHICLES IN ACTIONS OR PROCEEDINGS GROWING OUT OF ACCIDENTS OR COLLISIONS IN WHICH SUCH MOTOR VEHICLE OWN. ERS OR OPERATORS MAY BE INVOLVED. The General Assembly of North Carolina do enact:
That the acceptance by a non-resident of the rights and privileges conferred by the laws now or hereafter in force in this state permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways of this state, or the operation by such non-resident of a motor vehicle on the public highways of the state other than as.so permitted or regulated, shall be deemed equivalent to the appointment by such non-resident of the Commissioner of Revenue, or of his successor in office, to be his TRUE and lawful attorney upon whom may be served all summonses or other lawful process in any action or proceeding against him, growing out of any accident or collision in which said non-resident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on such public highway of this State, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally. Service of such process shall be made by leaving a copy thereof, with a fee of one dollar, in the hands of said Commissioner of Revenue, or in his office, and such service shall be sufficient service upon the said non-resident: Provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or the Commissioner of Revenue to the defendant and the defendants return receipt and the plaintiffs affidavit of compliance herewith are appended to the summons or other process and filed with said summons, complaint and other papers in the cause. The court in which the action is pending shall order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.