CHAPTER 432

An Act to amend and reenact §§ 8-38 and 8-59 of the Code of Virginia,
relating to venue, and the service of process on domestic corporations;
to amend and reenact effective July 1, 1958, §§ 8-60 and 8-65 of the
Code of Virginia, relating to the service of process on a foreign corpo-
ration; and to repeal effective July 1, 1958, §§ 8-61 and 8-62 relating
to the service of process on cooperative non-profit life benefit corpo-
rations.

(S 17]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 8-38 of the Code of Virginia is hereby amended and reenacted
as follows:

§ 8-38. Venue Generally.—Any action at law or suit in equity, except
where it is otherwise especially provided, may be brought in any county
or corporation:

(1) Wherein any of the defendants may reside;

(2) If a corporation be a defendant, wherein its principal office or
registered office is, or wherein its mayor, rector, president, or other chief
officer resides;

(8a) If it be to recover indemnity under a policy of accident and health
insurance, either or both, wherein (a) the policyholder resided at the time
of the happening for which indemnity is sought, or (b) where the policy-
holder resided at the date of the policy;

(4) If it be to recover land or to subject it to a debt, wherein such
land or part of it may be;

(5) If it be a suit to construe a will or for the direction of the court
in the administration of the estate of a deceased person, or a suit or action
against a personal representative, curator, committee, guardian or other
fiduciary, in the county or corporation wherein the will was admitted to
probate, or such fiduciary qualified ;

6) If it be against a foreign corporation, wherein its statutory
agent resides, or its registered office is situated or, in case of withdrawal
from the State, where its last statutory agent resided or its last registered
office was situated or where it has any estate or debts owing to it within
this State;

(6a) If it be against a nonresident and the cause of action arose
because of the operation of a motor vehicle on the highways of this State,
wherein the plaintiff resides, or wherein the cause of action or any part
thereof arose;

(7) If it be against a defendant who resides without this State,
wherein he may be found and served with process, or may have estate
or debts due him, provided, however, that nothing contained in this section
shall be so construed as to permit the joining of a domestic corporation
or resident individual as codefendant with a foreign corporation or non-
resident individual in a jurisdiction where such domestic corporation or
resident individual could not he sued;

(8) If it be on behalf of the Commonwealth, whether in the name of
the Attorney General or otherwise, it may be in the city of Richmond;

(9) If it be an action or a suit in which it is necessary or proper to
make any of the following public officers a party defendant, to-wit, the
Governor, Attorney General, State Treasurer, Secretary of the Common-
wealth, Comptroller, Superintendent of Public Instruction, or Commis-
sioner of Agriculture and Immigration; or in which it may be necessary
or proper to make a party defendant the State Board of Education, or
608 ACTS OF ASSEMBLY [va., 1956

other public corporation composed of officers of government, of the funds
and property of which the Commonwealth is sole owner; or in which it
shall be attempted to enjoin or otherwise suspend or affect any judgment
or decree on behalf of the Commonwealth, or any execution issued on
such judgment or decree, it shall be only in the city of Richmond; and

(10) If any judge of a circuit or corporation court be interested in
a case which, but for such interest would be proper for the jurisdiction
of his court, the action or suit may be brought in any court in an adjoining
circuit or corporation. Any such action or suit brought in any county or
corporation within the territorial limits of the jurisdiction of such judge
shall, on motion of any party thereto, be removed to the circuit or corpora-
tion court of a county or corporation in an adjoining circuit.

2. That § 8-59 of the Code of Virginia is hereby amended and reenacted
as follows:

§ 8-59. How process served on domestic corporations.—Process
against, or notice to, a domestic corporation, may, unless otherwise pro-
vided, be served as follows: If the case be against a city or town, on its
mayor, recorder, or any alderman, councilman, or trustee of such city or
town; if it be against any other corporation created by the laws of this
State, on its president or other chief officer, or on its vice-president,
cashier, treasurer, secretary, general superintendent, general manager, or
any one of its directors, or any agent of such corporation, or any person
declared by the laws of this State to be such agent, if any such officer or
agent be found in the city or county in which the suit, action or proceeding
is commenced, and, whether any such officer or agent be so found or not,
it may be sent to the county or city in which is located the principal* or
registered office of such company and be there served on the registered
agent or on any officer or agent of such company found in such county
or city. If, however, the case be against an insurance, guaranty, trust,
indemnity, fidelity, or security company, created by the laws of this State,
the process or notice shall be executed only within the county or city
wherein the chief office of such company is located unless it has designated
its registered office elsewhere.

8. That § 8-60 of the Code of Virginia is hereby amended and reenacted
as follows, such amendment and reenactment to be effective on July 1, 1958:

§ 8-60. How process served on a foreign corporation.—*If a foreign
corporation authorized to issue stock that transacts business in this State
or a foreign corporation not authorized to issue stock that conducts affairs
in this State has a registered agent in this State, process or notice may be
served on such registered agent or the clerk of the State Corporation
Commission in the manner prescribed in § 18.1-111. If a foreign corpora-
tion doing business in this State or a foreign corporation transacting
affairs in this State has no registered agent in this State, process or notice
may be served on any * agent of such corporation in the city or county
in which he resides or in which his place of business is or on the clerk of
the State Corporation Commission. Service, * when duly made, shall con-
stitute sufficient foundation for a personal judgment against such corpora-
tion when other requisites exist. If * service may not be had as aforesaid,
then on affidavit of that fact an order or publication may be awarded as
provided by § 8-71 and § 8-72.

4. That § 8.65 of the Code of Virginia is hereby amended and reenacted
Be such amendment and reenactment to be effective on July 1,
1 :

§ 8-65. How Served; What Return to Show; What Term “Agent”
Includes.—Service on any person other than the clerk of the State Corpora-
tion Commission under any of the * preceding sections of this chapter shall
be by delivering to him a copy of the process or notice in the county or
city wherein he resides or his place of business is, or the principal office
of the corporation is located; and the return shall show this, and state on
whom and when the service was; otherwise, it shall not be valid. The
term “agent”, as employed in any of the * preceding sections, shall be
construed to include a depot or station agent of a railroad company, a
telegraph or telephone operator of a telegraph, telephone or railroad com-
pany, and a tollgatherer of a canal company.

5. That §§ 8-61 and 8-62 of the Code of Virginia are hereby repealed,
effective July 1, 1958.

6. That the provisions hereof shall become effective January one, nine-
teen hundred fifty-seven.