Delaware General Assembly

CHAPTER 257.

COMMENCEMENT OF ACTIONS.

AN ACT to amend Chapter 124 of the Revised Code of the State of Delaware In relation to suits against corporations and the service of process.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That 4098. Section 14, of Chapter 124, of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out all of said Section and by inserting in lieu thereof the following, to be known as 4098, Sec. 14.

"4098. Sec. 14. SUITS AGAINST CORPORATIONS: Suits may be brought against any corporation, at law by summons, and by subpoena in Chancery. Process may be served on the President, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation; and when a cause of action arises in this State against any Corporation incorporated outside of this State, and there is no President or head officer of such corporation or any officer, director or manager thereof resident in this State, nor any certified agent thereof, for the service of process, resident in this State, process against such corporation may be served upon any Agent of such corporation then being in the State; and if such corporation shall appear, the suit shall proceed as in other cases, and if it shall not appear, the Plaintiff shall have judgment by default, or pro confesso decree, service of the process being first proved. In a suit upon the note of a Bank, payable at one of its branches, service of process upon the President, or cashier, of that branch, shall be sufficient. Copies of any rules of court, notice, proceeding, or order, may be served in the same way as original process, or upon the attorney of record.

In any suit against a corporation whose officers reside out of the State, process may be served by publishing the substance thereof in a:newspaper of this State, and of the State where the head officer resides, twenty days before the return thereof, and such service shall be sufficient.

In respect to such corporation, ten days' notice of any motion, rule, order, or other matter, or proceeding, shall be sufficient. And such notice may be served personally on the president, or any director, or manager, or on the attorney of said corporation, or by copy of the rule, or other matter, sent by mail to the president, or head officer, at his usual place of abode, or by publishing the same in a newspaper near thereto.

Service upon corporations may also be made, as provided by Section 48 of Chapter Sixty-five."

Approved April 25, A. D. 1917.