Page:United States Statutes at Large Volume 31.djvu/464

 412 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. m;§1f€'°*°°¤*$“'*°°*°‘ SEc. 486. When the court has jurisdiction of the parties it may exercise it in respect to anfy cause of action, wherever arising, except for thespecific recovery o real property situated without the district, or for injury thereto. . ‘ \ _ phen muiogtr vi Sec. 487. Whenever there is more than one referee all must meet, m "°°° my? but a majority of them may do any act which might be done by all; and whenever any authority is conferred on three or more persons it may be exercised by a majority of them, upon the meeting of all, unless ex ressly otherwise provided. mggmP¤*¤¤¤¤ °* Sec. 488. The time within which an actis to be done, as provided ` in this code, shall be computed by excluding the first da and includin§ the last, unless the ast day fall upon a Sunday, Christmas, or ot er legal holiday, in which case the last day shall also be excluded. -The time for the publication of legal notices shall b‘e computed so as to exclude the first day of publication and to include the day on which the act or event of which notice is given is to happen or which completes the full period required for publication. CHAPTER FORTY-EIQHT. · or OFFERS TO COMPROMISE AND THE INSPECTION OF wn1T1NGs. Sec. - Sec. ' 489. Offers to compromise, how accepted { 490. Order for the inspection of papers. and effect thereof. ‘ ger; to compa; Sec. 489. The defendant may, at any time before trial, serve upon Zim ésegsilngfgif the plaintiff and offer to allow jud ment to be given against him for . the sum, or the proipertyl, or to the effect therein specined. If the plaintiff accept the o er, e shall, by himself or attorney, indorse such acceptance thereon, and file the same with the clerk before trial, and within three days from thetime it was served upon him; and thereu n judgment shall be given accordingly, as in case of a confession. If)¥he offerbe not accepted and filed within the time prescribed, it shall be deemed withdrawn, and shall not be given in evidence on the trial; and if the plaintiff fail to obtain a more favorable judgment, he shall not recover costs accruing after the service of the notice of the offer, but the defendant shall recover of him costs and disbursements from the time of such service. · u0rd?rf<>rt1§i¤¤1><=<=— SEc. 490. The court, or judge thereof, while an action is pending, °u° P°p°may ordereither party to give the other, within a ipecitied time, an inspection and copy, or permission to take a copy, o any book, document, or paper in his possession, or under his control, containing evidence or matters relating to the merits of the action, or the defense therein. If obedience to the order be neglected or refused, the court may exclude the book, document, or paper from being iven in evidence, or, if wanted as evidence by the party a plying tgerefor, may direct the jury to presume it to be such as he alleges 1t to be; and the · court may also punish the party so neglecting or refusing as for a contem t. This section is not to be construed to prevent a party; from ' compeliing another to produce books, documents, or papers w en he is examined as a witness. CHAPTER FORTY·NINE. ° or MoT1oNs AND ORDERS. Sec. . Sec. A 491. Order and motion, definition of. I 494. Application refused not to be re- 492. Motions, to whom and where made. peated. T 493. Notice of motion, time of, and when necessary: A degggggoggg ¤¤<>¤<>¤· SEc. 491. Every direction of a court or judge made or entered in _ ` writing, and not included in a judgment is denominated an order. An application for an order is a motion. ·