§ 429. Id.; when delivery of copy to lunatic dispensed with. Where the defendant has been judicially declared to be incompetent to manage his affairs, in consequence of lunacy, and it appears satisfactorily to the court, by affidavit, that the delivery of a copy of the summons to him, in person, will tend to aggravate his disorder, or to lessen the probability of his recovery, the court may make an order, dispensing with such delivery. In that case, a delivery of a copy of the summons, to a committee duly appointed for him, is sufficient personal service upon the defendant. § 430. Designation, by a resident, of a person upon whom to serve a summons, during his absence; effect and revocation thereof. A resident of the state. of full age, may execute, under his hand, and acknowledge, in the manner required by law to entitle a deed to be recorded, a written designation of another resident of the state, as a person upon whom to serve a summons, or any process or other paper for the commencement of a civil special proceeding, in any court or before any officer, during the absence from the state of New York of the person making the designation; and may file the same, with the written consent of the person so designated, executed and acknowledged in the same manner, in the office of the clerk of the county, where the person making the designation resides. The designation must specify the occupation, or other proper addition, and the residence of the person making it, and also of the person designated; and it remains in force during the period specified therein, if any; or, if no period is specified for that purpose, for three years after the filing thereof. But it is revoked earlier, by the death or legal incompetency of either of the parties thereto; or by the filing of a revocation thereof, or of the consent, executed and acknowledged in like manner. The clerk must file and record such a designation, consent, or revocation; and must note, upon the record of the original designation, the filing and recording of a revocation. While the designation remains in force, as prescribed in this section, a summons, or any process or other paper for the commencement of a civil special proceeding, against the person making it, in any court or before any officer, may be served upon the person so designated, in like manner and with like effect, as if it were served personally upon the person making the designation, notwithstanding the return of the latter to the state of New York. Am'd by ch. 416 of 1877 and ch. 524 of 1899. § 431. How personal service of summons made upon a domestic corporation. Personal service of the summons upon a defendant, being a domestic corporation. must be made by delivering a copy thereof, within the State as follows: 1. If the action is against the mayor, alderman,* and commonalty of the city of New York, to the mayor, comptroller, or counsel to the corporation. 2. If the action is against any other city, to the mayor, treasurer, counsel, attorney, or clerk; or, if the city lacks either of those officers, to the officer performing corresponding functions, under another name. 3. In any other case, to the president or other head of the corporation, the secretary or clerk to the corporation, the cashier, the treasurer, or a director or managing agent. From ch. 379 of 1960, § 4; Co. Proc. § 134. See § 2526. Service of process a inst city of New York, see § 263; Greater New York char. (ch. 378 of 1897). So in the original. § 432. Id.; upon a foreign corporation. Personal service of a summons, upon a defendant, being a foreign corporation, must be made by delivering a copy thereof, within the State, as follows: 1. To the president, vice-president, treasurer, assistant treasurer, secretary, or assistant secretary; or, if the corporation lacks either of those officers, to the officer performing corresponding functions, under another name. 2. To a person designated for the purpose by a writing, under the seal of the corporation, and the signature of its president, vice-president, or other acting head, accompanied with the written consent of the person designated, and filed in the office of the secretary of state. The designation must specify a place, within the State, as the office or residence of the person designated; and, if it is within a city, the street and the street number, if any, or other suitable designation of the particular locality. It remains in force, until the filing in the same office of a written revocation thereof, or of the consent, executed in like manner; but the person designated may, from time to time, change the place specified as his office or residence to some other place within the State, by a writing, executed by him, and filed in like manner. The Secretary of State may require the execution of any instrument, specified in this section, to be authenticated as he deems proper, and he may refuse to file it without such an authentication. An exemplified copy of a designation so filed, accompanied with a certificate that it has not been re voked, is presumptive evidence of the execution thereof, and conclusive evidence of the authority of the officer executing it. 3. If such a designation is not in force, or if neither the person designated, nor an officer specified in subdivision first of this section, can be found with due diligence, and the corporation has property within the State, or the cause of action arose therein; to the cashier, a director, or a managing agent of the corporation, within the State. From Co. Proc. § 134; ch. 279 of 1855, §§ 1-3. Am'd by ch. 416 of 1877, and by ch. 311 of 1903. In effect May 5, 1903. See § 2526. § 433. Service of process, etc., to commence a special proceeding. The provisions of this article, relating to the mode of service of a summons, apply likewise to the service of any process or other paper, whereby a special proceeding is commenced in a court, or before an officer, except a proceeding to punish for contempt, and except where special provision for the service thereof is otherwise made by law. From ch. 279 of 1855, § 4. (3 Edm. 685.) § 434. Proof of service of summons, etc.; how made. Proof of service, as prescribed in this article, must be made by affidavit, except as follows: 1. If the service was made by the sheriff, it may be proved by his certificate thereof. 2. If the defendant served is an adult, who has not been judicially declared to be incompetent to manage his affairs, the service may be proved by a written admission, signed by him, and either acknowledged by him, and certified in like manner as a deed to be recorded in the county, or accompanied with the affidavit of a person, other than the plaintiff, showing that the signature is genuine. A certificate, admission, or affidavit of service of a summons, must state the time and place of service. A written admission of the service of a summons, or of a paper accompanying the same, imports, unless otherwise expressly stated therein, or otherwise plainly to be inferred from its contents, that a copy of the paper was delivered to the person signing the admission. From Co. Proc. § 138. ARTICLE SECOND. Substitutes for Personal Service in Special Cases. SEC. 435. Order for service of summons from supreme court, when defendant not found, etc. 436. How service must be made. 437. Papers to be filed; proof of service. 438. Cases in which service of summons by publication, etc., may be ordered. 439. Papers upon which order for publication may be made. 440. By whom order may be made; contents of order. 441. When publication must be commenced; when service deemed com plete. 442. Papers to be filed: notice to defendant, 443. Id.; when service is made without the State. 444. Proof of service. 445. Defendant when allowed to defend. 435. Order for service of summons from supreme court, when defendant not found, etc. Where a summons is issued in any court of record, an order for the service thereof, upon a defendant residing within the State, may be made by the court, or a judge thereof, or the county judge of the county where the action is triable, upon satisfactory proof, by the affidavit of a person, not a party to the action, or by the return of the sheriff of the county where the defendant resides, that proper and diligent effort has been made to serve the summons upon the defendant, and that the place of his sojourn cannot be ascertained, or, if he is within the State, that he avoids service, so that personal service cannot be made. From ch. 511 of 1853. (4 Edm. 589.) Am'd by ch. 416 of 1877 and ch. 535 of 1880 436. How service must be made. The order must direct, that the service of the summons be made, by leaving a copy thereof, and of the order, at the residence of the defendant, with a person of proper age, if upon reasonable application, admittance can be obtained, and such person found who will receive it; or, if admittance cannot be so obtained, nor such a person found, by affixing the same to the outer or other door of the defendant's residence, and by depositing another copy thereof, properly inclosed in a postpaid wrapper, addressed to him, at his place of residence, in the post-office at the place where he resides; or upon proof being made by affidavits that no such residence can be found, service of the summons may be made in such manner as the court may direct. § 437. Papers to be filed; proof of service. The order, and the papers upon which it was granted, must be filed, and the service must be made, within ten days after the order is granted; otherwise the order becomes inoperative. On filing an affidavit, showing service according to the order, the summons is deemed served, and the same proceedings may be taken thereupon, as if it had been served by publication, pursuant to an order for that purpose, made as prescribed in the next section. From Id. See rule 18 (Sup. Ct.). See § 638. § 438. Cases in which service of summons by publication, etc., may be ordered. An order directing the service of a summons upon a defendant without the state, or by publication, may be made in either of the following cases: 1. Where the defendant to be served is a foreign corporation; or, being a natural person, is not a resident of the state; or where, after diligent inquiry, the defendant remains unknown to the plaintiff, or the plaintiff is unable to ascertain whether the defendant is or is not a resident of the state. 2. Where the defendant, being a resident of the state, has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons; or keeps himself concealed therein, with like intent. 3. Where the defendant, being an adult, and a resident of the state, has been continuously without the state of New York more than six months next before the granting of the order, and has not made a designation of a person, upon whom to serve, a summons in his behalf, as prescribed in section four hundred and thirty of this act; or a designation so made no longer remains in force; or service upon the person so designated cannot be made within the state, after diligent effort. 4. Where the complaint demands judgment annulling a marriage, or for a divorce, or a separation. 5. Where the complaint demands judgment, that the defendant be excluded from a vested or contingent interest in or lien upon, specific real or personal property within the state; or that such an interest or lien in favor of either party be enforced, regulated, defined, or limited; or otherwise affecting the title to such property. 6. Where the defendant is a resident of the state or a domestic corporation; and an attempt was made to commence the action against the defendant, as required in chapter fourth of this act, before the expiration of the limitation applicable thereto as fixed in that chapter; and the limitation would have expired, within sixty days next preceding the application, if time had not been extended by the attempt to commence the action. 7. Where the action is against the stockholders of a corporation, or joint-stock company, and is authorized by a law of the state, and the defendant is a stockholder thereof. When a copy of the summons is required by subdivision first or subdivision second of section four hundred and twenty-six of this act, or by section four hundred and twentynine of this act, to be delivered to a person other than the defendant, an order, directing the service of a copy of the summons upon such person without the state, or by publication, may be made as prescribed in this section, as if such person was the defendant in the action, and upon a verified complaint and the same proof with respect to such person, as is required in the next succeeding section with respect to a defendant. And sections four hundred and forty to four hundred and forty-four both inclusive, apply to the proceedings in like manner as if such person was a defendant. From Co. Proc. § 135. Am'd by ch. 542 of 1879; ch. 399 of 1884 and ch. 301 of 1899. § 439. Papers upon which order for publication may be made. The order must be founded upon a verified complaint, showing a sufficient cause of action against the defendant to be served, and proof by affidavit of the additional facts required by the last section; and also, where the application is made upon the ground that the defendant is a foreign corporation, or not a resident of the State, or in a case specified in subdivision fourth, fifth or seventh of the last section, that the plaintiff has been or will be unable, with due diligence, to make personal service of the summons. From Co. Proc. § 135. Am'd by ch. 416 of 1877 and ch. 542 of 1879. § 440. By whom order may be made; contents of order. The order may be made by a judge of the court or the county judge of the county where the action is triable. It must direct that service of the summons, upon the defendant named or described in the order, be made by publication thereof in two newspapers, designated in the order as most likely to give notice to the defendant for a specified time, which the judge deems reasonable, not less than once a week for six successive weeks; or, at the option of the plaintiff, by service of the summons, and of a copy of the complaint and order, without the State. upon the defendant personally, and if he is an infant under the age of fourteen years, also upon the person with whom he is sojourning; or, if the defendant is a corporation, upon an officer thereof, specified in section four hundred and thirty-one or four hundred and thirty-two of this act. It must also contain, either a direction that, on or before the day of the first publication, the plaintiff deposit in a specified post-office, one or more sets of copies of the summons, complaint and order, each contained in a securely closed post-paid wrapper, directed to the defendant, at a place specified in the order: or a statement that the judge being satisfied by the affidavits upon which the order was granted, that the plaintiff cannot, with reasonable diligence, ascertain a place or places vhere the defendant would probably receive matter transmitted through the post-office, dispenses with the deposit of any papers therein. From portions of Co. Proc. § 135. Am'd by ch. 542 of 1879 and ch. 195 of 1889. § 441. When publication must be commenced; when service deemed complete. The first publication in each newspaper designated in the order, or the service upon the defendant, without the State, must be made within three months after the order is granted. For the purpose of reckoning the time, within which the defendant must appear or answer, service by publication is complete, upon the day of the last publication pursuant to the order; and service made without the State is complete, upon the expiration thereafter of a time equal to that prescribed for publication. From Co. Proc. $$ 135, 137. Am'd by ch. 416 of 1877. § 442. Papers to be filed; notice to defendant. Where service is made by publication the summons, complaint, and order, and the papers upon which the order was made, must be filed with the clerk, on or before the day of the first publication; and a notice, subscribed by the plaintiff's attorney, and directed only to the defendant or defendants to be thus served, substantially in the following form, the blanks being properly filled up, must be subjoined to, and published with the summons: "To The foregoing summons is served upon you, by (naming the judge publication, pursuant to an order of and his official title,) dated the day of with the complaint in the office of the clerk of Am'd by ch. 416 of 1877. See $8 1541, 1774. 18 and filed at § 443. Id.; when service is made without the State. Where service is made without the State, the papers specified in the last section must be previously filed; and a notice must be served with |