Page:United States Statutes at Large Volume 31.djvu/465

 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. 413 Sec. 492. Motions shall be made to the court or 'ud e, as provided M°“°“”· ‘° w*‘°”‘ in other parts of this code. They shall be made alt tge place where and when mak the action is triable, except when made to a judge of the court before whom the action is pending and without notice, in which case an order may be made b such judge in any part of the district. Sec. 493. `Wshen a notice of a motion is necessary, it shall be served m§g*ig*; °;“dmQ$j;>;;; twentgv days before the time appointed for the hearing; but the court, necessm. or judge thereof, may prescribe, by order indorsed upon the notice, a shorter time. Notice of a motion is not necessary, except when this code requires it, or when directed by the court or judge in pursuance thereof. Sec. 494. If an a lication for an order, made to a 'ud e of the *‘·PP“°““°“ '°‘““‘* court in which the adtibn or proceeding is pending, be refhseg in whole not to be repmed or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other judge. A vio ation of this section is punishable as a contempt, and an order made contrary thereto may be revoked by the jludge who made it, or vacated by the court, or judge thereof, in whic the action or proceeding is pending. CHAPTER Frrrr. _ on NOTICE AND THE SERVICE_ AND FILING or PAPERS. Sec.Sec.‘ 495. Notices to be in writing. 500. When party absent from the district; 496. Notices and other papers, how when service to be made on attorserved and upon whom. ney. 497. When service may be made by 501. Foregoing provisions not to apply to mail; time allowed for distance. summons. • e 498. How copy deposited and when serv- 502. Notice is valid, though defective in ice deemed to be made. form. 499. Appearance, how made; defendant i 503. Filing of papers. not to be heard before appearance. Sec. 495. Notices shall be in writing, and notices and other papers m;‘§g§°€¤ *° be i¤ shall be served on the party or attorney in the manner prescribed in g` · this chapter where not otherwise provided by this code. ‘ Sec. 496. The service or deposit in the post-oflice, when served by pa1;gg°”h0§;*d sgjygg mail, may be made by‘ any person other than the party himself.The and uréou whom. proof of service shall be the same as proof of service of a summons, and shall be returned with the origina notice, or other paper of which service is made, at the time and p ace therein Tprescribed for the hearing or other proceeding to be ha thereon. e service may be personal by delivery of a copy of the notice or other paper to the party ·or attorney on whom the service is required to be made, or it may be as follows: First. If upon an attorney, it may be made during his absence from his office by leaving the copy with his clerk therein, or with the person having charge thereof; or when there is no person in the office, by · leaving it between the hours of six in the morning and nine in the evening in a conspicuous place in the office, or if it be not open to admit of such `service, then by leaving it at the attorney’s residence with some person of suitable age and discretion. » Second. If upon a party, it may be made by leaving the copy at his residencebetween the hours of six in the morning and nine in the evening with some person of suitable age and discretion. Sec. 497. ·Service by mail may be made when the person for whom mwhufgdgcqoiye Igljjyf the service is made and the person on whom it is made reside in differ- time allowed for ani ent places, between which there is a communication by mail., adding one mn"' day to the time of service for every twenty miles of distance between the place of deposit and the place of address. Sec. 498. In case of service by mail the copy must be deposited in m§,°‘f,g*g*,Y *;<;¥j_°g*,tg*g the post—office, addressed to the person on whom it is to be served at deemed to be made.