Any circus or other traveling show exhibiting under canvas or outdoors for gain shall, before or at the time it is licensed to show in any county, appoint in writing the clerk of court of such county, and his successors in office, as its proper and official agent or attorney upon whom any process in any action or proceeding against it shall be served and in such writing shall agree that any process against it which is served upon such agent or attorney shall be of the same legal force and validity as if served upon it personally. Such authority shall continue in force so long as any liability remains outstanding in the State. Such power of attorney shall also show:
(1) The name and post-office address of such circus or traveling show; and
(2) Its nature, that is whether it be a person, firm, partnership, association or corporation and, in the case of a partnership, the individual names and addresses of the partners thereof.
Copies of such appointment certified by the clerk of court shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof.
In the event that any such circus or traveling show undertakes to show for gain in any county of this State without complying with the provisions of this section, such act on its part shall be deemed to constitute the clerk of the court of such county its official agent and attorney upon whom any legal process may be served.
The method of service provided for herein shall not be deemed exclusive but cumulative to any other method provided for by law.
HISTORY: 1962 Code Section 5-18; 1952 Code Section 5-18; 1942 Code Section 6335; 1939 (41) 102.