any doubt that constructive service is due process of law, when correctly executed, to obtain jurisdiction in rem,40 provided that it can be said to have a reasonable tendency to bring notice to the defendant corporation.41 The grounds and occasions for such service are such as the statute establishes and no other.42 It has been held a sufficient ground for such service, having regard to the phraseology of the particular statutes, that the officers and agents have all departed from the state,48 or that they evade service, or are not or cannot be found in the corporation operating a railroad within the state can be gained by service made by posting notice according to statute and mailing a copy to the president. (The court points out that persons may be served by leaving a copy at their abodes.) Nashville & C. R. Co. v. McMahon, 70 Ga. 585. Where a domestic corporation has failed to provide officers or agents upon whom any other form of service may be made, service upon it by publication, as provided by statute, will be deemed due process of law. A corporation derives its existence from the state and must necessarily be subject to such restrictions and limitations as the state may see fit to impose with respect to service of process, where the restrictions or limitations are not prohibited by the organic law of the state or by federal authority. "The fundamental object of all laws relating to service of process," said the court, "is to give that notice which will in the nature of things most likely bring the attention of the corporation to commencement of the proceedings against it, and when legislation carries out this clear design, it should not be stricken down by the courts.'' Clearwater Mercantile Co. v. Roberts, Johnson, Rand Shoe Co., 51 Fla. 176, 4 L. R. A. (N. S.) 117, 120 Am. St. Rep. 153, 40 So. 436. In the case last cited it was argued in the opinion that all service on corporations is technically "substituted or constructive''; and because jurisdic tion in personam concededly results from some service on corporations, therefore it follows that constructive service is efficacious for that purpose. The fallacy of this opinion lies in confusing the subjection of the domestic corporation to the enacted processes for obtaining the jurisdiction with the sufficiency of such processes to obtain a given kind or degree of jurisdiction. 40 Pennoyer v. Neff, 95 U. S. 714, 24 L. Ed. 565; and compare St. Clair v. Cox, 106 U. S. 350, 27 L. Ed. 222. And see also § 2977, supra. 41 A method of serving a foreign corporation must afford due process of law; hence a law for serving the secretary of state without actual designation by the corporation, and without any publication merely by deliv ery of a copy is invalid under the 14th Amendment. King Tonopah Min. Co. v. Lynch, 232 Fed. 485. 42 See generally cases cited in this and the following section. 43 A domestic corporation may be served constructively under Code Civ. Proc. § 412, as a "person" which has departed from the state, all of its officers and agents for service having departed from the state, though its technical legal residence remains. MeKendrick v. Western Zine Min. Co., 165 Cal. 24, 130 Pac. 865. 44 Substituted service is proper where corporation's place of business is at president's residence in the county and he evades service. Bentz v. state, or in the proper county,46 and if two more grounds may exist one is enough to show.47 The procedure for such Nothing short of a digest afford a full and sufficient § 3006. Application and procedure. service is wholly statutory and is strict.48 of the statutes of the several states would commentary on the procedure requisite. The local statute must be carefully consulted and followed, and it is here appropriate to say that the decisions involving constructive service on natural persons may afford many valuable precedents, depending on the similarity of the statutes governing it to those governing such service on corporations. A treatment of it as applied to foreign corporations will also be found in a subsequent chapter of this work.49 Each kind of corporation must be proceeded against, according to the mode appro Crotona Park Realty Co., 81 N. Y. For a case in which service by leaving a writ of mandamus at the residence of the absent president was held good, there being circumstances of evasion, see Bay State Gas Co. v. State, 4 Pennew. (Del.) 238, 56 Atl. 1114. 45 Where an "assistant secretary" lived in the state, it cannot be said that no officer could be found for service. Leavenworth, T. & S. W. Ry. Co. v. Stone, 60 Kan. 57, 55 Pac. 346. Publication against a domestic corporation can be made under Practice Act, par. 5, if the proper person for service cannot be found although the principal office of the corporation is known to be within the state. Nelson v. Chicago, B. & Q. R. Co., 225 Ill. 197, 8 L. R. A. (N. S.) 1186, 116 Am. St. Rep. 133, 80 N. E. 109. In the federal courts in "lien" cases, provision is made by Judicial Code, 57, for substituted or constructive service personally outside the state or by publication if that is not practicable. See § 3006, infra. 46 The corporation can be sued on constructive service only when its located office is, and when the officers ordinarily to be served are not found there (construing Comp. Laws, § 4835). People v. Saginaw Circuit Judge, 23 Mich. 491. A suit on an insurance policy may be brought where the property lies, and the fact that there is no agent in such county makes publication proper, although defendant is also a bank and if sued as such another venue might have been necessary. Wytheville Ins. Co. v. Stultz, 87 Va. 629, 13 S. E. 77. 47 Prior to 1889 a domestic corporation could not be served by publication except in the instances of concealment or fraud named in Code, $ 218 (2) (4), but in that year an amendment authorized such service if "no officer or agent" to serve be found" by due diligence. Intent to defraud or to evade service is not necessary. Bernhardt v. Brown, 118 N. C. 700, 36 L. R. A. 402, 24 S. E. 527, 715. can 48 John McMenamy Investment & Real Estate Co. v. Stillwell Catering Co., 267 Mo. 340, 184 S. W. 467, rev'g on dissenting opinion below, 175 Mo. App. 668, 158 S. W. 427. 49 See the local statutes and standard treatises on practice. See also chapter on Foreign Corporations, infra. priate to it.50 It must be at a county where the action may lawfully be brought.51 Application for an order for such service must be seasonably made 52 and accompanied by a sufficient showing by affidavit or otherwise of all necessary or prerequisite facts, including inability to make ordinary personal service.53 The order must with 50 In the case of expired corporations continued by the statute for three years, the service in default of any of the officers named should be substituted in the same manner as going corporations. Merrill v. Montgomery, 25 Mich. 73. Substituted service on the insurance superintendent can only be made under a complaint and a writ showing defendant to be of the class of corporations subject thereto. Webster v. Iowa State Traveling Men's Ass'n, 165 Fed. 367. 51 Where its located office is situate. People v. Saginaw Circuit Judge, 23 Mich. 491. See also § 2978 et seq., supra. Under Practice Act, c. 110, §§ 4 and 2. the corporation can be served by publication only where it has a residence. The principal place of business is such a residence and there may be others where other business is carried cn. Mt. Olive Coal Co. v. Hughes, 45 Ill. App. 566. 52 Long delay (five terms of court) after a return non est inventus will bar an application for published service, especially where it would substantially evade the bar of limitations. Branch v. Mechanics' Bank, 50 Ga. 413. 53 Where the affidavit makes out a distinct and independent ground for publication, the insufficiency of a showing as to due diligence to find them is not material. McKendrick v. Western Zinc Min. Co., 165 Cal. 24, 130 Pac. 865. The Practice Act, par. 5, enables service by publication to be made if the proper persons for service cannot be found in the county, notwithstanding the principal office of the corporation is known to be within the state. Nelson v. Chicago, B. & Q. R. Co., 225 Ill. 197, 8 L. R. A. (N. S.) 1186, 116 Am. St. Rep. 133, 80 N. E. 109. Accordingly, where the statute provided for publication as in chancery cases (Chancery Act, §§ 12, 13), which requires affidavit that defendant could not be found, or resides out of or has gone out of the state, this is to be construed with the other statute; and in the case of a corporation the inconsistent averments should be omitted. Id. Personal service beyond the state by unofficial persons without any serv ice within the state will not give jurisdiction of a forfeiture suit, although no officer for service has been found within the state. There must be a sheriff's return to support it. Eel River R. Co. v. State, 143 Ind. 231, 42 N. E. 617. Affidavit must state according to statute that officers "'cannot be found." That plaintiff is unable to find them is not the same. Leavenworth, T. & S. W. Ry. Co. v. Stone, 60 Kan. 57, 55 Pac. 346. A statement that none resides in the county is bad (so held where corporation was continued after expiration by statute). Merrill v. Montgomery, 25 Mich. 73. Substituted service is allowable only when a return clearly shows that ordinary service on an agent cannot be made (foreign corporation). Buckingham & Hecht v. North German Fire Ins. Co. of New York, 149 Fed. 622. [§ 3007 out material misnomer describe the defendant 54 and run against those which are to be so served,55 directing the manner of service, if that is left to the court.56 In the case of service on a public officer in default of corporate officers or agents, or under the statute as a substitute for them, all necessary acts, such as the mailing by him of the required notice, must be done before the service is complete.57 Mailing not required as part of the process may, it is held, be presumed.58 § 3007. Place for service-In general. The ordinary place for service of natural persons will apply to corporations as a corollary to the rule that they are to be sued as are natural persons, and accordingly the limitary restrictions on the power of courts to send. their process to another county or of the officer or server to make service in another county than the one whence process comes must be considered as an unwritten part of the subject-matter of this section. The statutes must be examined not only to see how and where process against corporations may or must be served, but also to see how and where ordinary process for commencing a suit may or must be served. Only those cases which exhibit some peculiar law of corporations are here considered. Service in personam must be within the state and within the county or counties thereof to which the process of the court can lawfully run, this being especially true of 54 Publication against the "Farmers' Loan & Trust Co.," a name commonly used and correct except for omission of the words, "of Kansas," is good. King v. Wilson, 86 Kan. 227, Ann. Cas. 1913 B 1246, 120 Pac. 342. 55 Where a sufficient affidavit was made but the order for publication ran against other defendants only and not against the corporation, it was not good as to it. Styles v. Laurel Fork Oil & Coal Co., 45 W. Va. 374, 32 S. E. 227. 56 In a lien case under Act of March 3, 1875, § 8 (Judicial Code, § 57), service must and can be made on an absent domestic corporation only in the prescribed way. Mere service in a foreign state on the president by order of the judge is bad. Kent v. Honsinger, 167 Fed. 619. But under that statute the order for service should be for actual service if practicable and for publication only when impracticability of actual service appears. Hicks v. Crawford Coal & Iron Co., 190 Fed. 334. Service in Illinois on an officer of an Iowa corporation on process out of a federal court of Florida, held bad. Ellsworth Trust Co. v. Parramore, 108 Fed. 906. 57 Where the insurance commissioner failed to forward the copy of summons by mail to the company, the service is incomplete. Chicago Life Ins. Co. v. Robertson, 147 Ky. 61, 143 S. W. 740. Mailing copies to persons not shown by affidavit or on the record to have had any connection with defendant does not satisfy statute. Scorpion Silver Min. Co. v. Marsano, 10 Nev. 370. 58 Mailing of copy by insurance com inferior tribunals,59 and within that county or counties, or lesser divisions to which the serving officer's authority may be limited. Personal service beyond the state, as already stated, is inefficient to give jurisdiction in personam but may be due process in rem.60 In addition to these limitations, which are common to all process, there are many statutes requiring that the service must be made at a particular county or may be made in any county, or in any where there is a place of business, or an agency,61 or along the line of defendant's railroad.62 Thus it is enacted in numerous states that the officer or agent must be served in the county where he resides, or where the agency or place of business is, or where the cause arose; such a limitation forbids service on the same agent or officer at another place. On the other hand, if it is permissive, then he may be served there or at some other lawful place.63 more The statute (Rev. § 1447) prohibiting a justice from sending process to another county unless one or bona fide defendants reside within and one or more without the county, does not apply where defendant is a foreign corporation, it being governed by section 1448 which permits it to be sent to the county where defendant's process agent resides. Allen-Fleming Co. v. Southern R. Co., 145 N. C. 37, 58 S. E. 793. Where a justice has jurisdiction, the statute adopting the practice of county courts, "which are in their nature applicable," enables service to be had outside of the justice's county. Western Paving Co. v. Binion, — Okla. 150 Pac. 898. Summons from county court may be served in another county when jurisdiction is based on defendant's residence, i. e., its road being in the county. Code Civ. Proc. § 347. Johnson v. Manhattan & Queens Traction Corporation, 162 N. Y. App. Div. 753, 147 N. Y. Supp. 965. It has already been stated that extraterritorial service is effectual only for jurisdiction in rem such as publication would give. There are, however, a few decisions to the effect that service beyond the state on a domestic corporation is good service in perSee §§ 2977, 3005, supra. 60 See §§ 2977, 3005, supra. 61 For statutes construing the words "place of business," " "agency," " and the like as contained in statutes fixing the venue or place for trial, see §§ 2979, 2981, supra. sonam. 62 A conductor on an interurban electric railway line may be served "along the line of or at the end of the railroad" though that be in a city (Pub. Acts 1901, Act No. 208), and the proviso that the statute shall not apply to electric railways operating within cities means wholly within their limits. Halladay v. Detroit United Ry., 155 Mich. 436, 119 N. W. 445, 15 Det. L. N. 1050. 63 Georgia. Service upon the gen |