NAB reports (Jan-Dec 1937)

provisions of this Act; and all licensees of any violator of this Act shall be deemed as aiders and abettors of said persons and subject to the provisions of this Act unless they forthwith indicate their obedience herewith ; and the acceptance of the general privileges of the State of Mon¬ tana by any non-resident copyright holder or owner, or combination, defendant, or person, or organization of any kind, or entity, through an investigator, attorney, agent representative, or through any aider and abettor as herein defined, and the acceptance by such persons of the rights, police protection, or of any general privilege conferred by the law of this. State to any of its citizens, including the use of the roads and highways, or the privileges of any of its political subdivisions, as evidenced by their presence within the State at any time, shall be deemed equivalent to and construed to be an appointment by such non-resident or non-residents, as the case may be, of the Secretary of State of Montana to be his or their true and lawful at¬ torney upon whom may be served all summons and processes against him or them and growing out of a viola¬ tion of this Act, in which said non-resident may be in¬ volved, and said acceptance of the privileges of this State, as aforesaid, shall be signification of his or their agreement that any summons or process against him or them which is so served shall be of the same legal force and validity as if served on him or them personally within the State of Montana. Service of such summons of process shall be made by leaving a copy thereof with a fee of $2.00 with the Secretary of the State of Montana, or in his office, and such service shall be sufficient and valid per¬ sonal service upon any such non-resident defendant, copy¬ right holder or owner, persons, or defendants, combination, entity, or organization, as aforesaid; provided, that notice of such service and a copy of the summons of process shall be forthwith sent by registered mail requiring personal delivery, by the Prosecutor bringing any action under this Act, to any defendant at his last known address, and the defendant’s return receipt and the Prosecutor’s affidavit of compliance herewith are appended to the process and entered as a part of the return thereof ; provided further, the Court in which any action is brought may order such continuances as may be necessary to afford any non¬ resident defendant or groups, or entity, a reasonable oppor¬ tunity to defend the action; provided further, the Secre¬ tary of State shall keep a record of all such summons and process which shall show the day and time of service ; and valid personal service shall thus be had on non-resident persons or individuals, entities, firms, or corporations violating this Act. Section 8. In the event any person, or groups of per¬ sons, or any combination or pool as aforesaid, whether a non-resident corporation, person, or an association, or domestic, refuse to abide by the provisions hereof, or attempt to evade or render ineffectual the true enforce¬ ment of any provision of this Act, then the Prosecuting Attorney of any county where complaint is made of any violation, shall institute injunction proceedings against said persons in the District Court, and valid personal serv¬ ice may be had upon any non-resident defendant as set forth in the preceding section ; and the Court shall enjoin all persons from violating the provisions of this Act and the Constitutional provisions prohibiting price-fixing, monopolies, and combinations, and all copyrighted works and the public performance rights thereto when sold or used for profit and hereby declared to be a commercial commodity, and all persons, aiders, and abettors, and agents, shall be enjoined by the Court from aiding or furthering in any way a continuation of any violation of this Act, either by the payment of money to said defend¬ ants or in any way; and if any defendant or defendants persist in defying the judgment of the Court, the Court shall, in order to effectuate its judgment and orders, order three days’ notice be given said defendant or defendants, as the case may be, by having a copy of such notice served on the Secretary of State as heretofore provided if de¬ fendants are without the State, or served personally if within the State, and have the same published in some daily paper in the State of general circulation, and at the end of said period, if any defendant or defendants refuse to obey the order of the Court, then the Court shall appoint the County Auditor as Receiver for the copyrighted works and property of defendants, tangible or intangible, and of all other effects and moneys derived therefrom, and the Receiver shall take over and preserve the commercial rights to all of said copyrighted works, together with such other property of any defendant, combination, pool, cor¬ poration, or entity through which they are acting, that he can locate within the State, and the Receiver shall ad¬ minister the same under the direction of the Court, and said receivership shall be considered only as an incident to the main injunction suit of the Prosecutor, and for the purpose of enforcing the Court’s orders; the said receiver shall seize the copyrighted works of all of the copyright holders and owners in said defendant combination, includ¬ ing all of the rights to suits for infringement and damages in both State and Federal Courts, and all choices of action, and all sums due on contracts and licenses, and hold the same subject to the order of the Court; and all persons holding licenses or contracts with any defendant combina¬ tion or entity, shall pay the fees and sums due thereon to the receiver for such time as the court may need to effec¬ tuate the provisions of this Act and to compel any defend¬ ant to abide herewith; provided any sums paid on licenses violating this Act shall only be continued in the Court’s discretion or until such time as the Court can award defendants complete and full due process of law before entering a final order thereon, or until such time as a legal and equitable system of licensing can be determined ac 2013