Page:United States Statutes at Large Volume 47 Part 1.djvu/1024

 1000 72d C ONGRESS. SESS. IL CH. 127 . F EBR UARY 27, 1933 . by putting the same, inclosed in a sealed envelope, into the post office directed to such attorney at his office, if known ; otherwise to his residence if known ; and if neither his office nor his residence is known, then by delivering the same to the clerk of the court for the attorn ey ; On party. 2. If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of not less than eighteen years of age ; if at the time of attempted service between the said hours no such person can be found at his residence, the same may be served by mail ; and, if his residence is not known, then by delivering the same to the clerk of the court for such part 4 Ser vice by mail, SEC .- 516. SERVICE BY MAIL, WHEN.-Service a ny mail may be made when. where the person making the service and the person on whom it is to be made reside or have their offices in different places between which there is a regular communication by mail. Ho w. SEC. 517. SERVICE BY MAIL, How.-In case of service by mail, the notice or other paper must be deposited in the post office, in a sealed envelope addressed to the person on whom it is to be served, at his office or place of residence. The service is complete at the time of the depo sit. iAppearance of de- SEC. 518. APPEARANCE ; NOTICES AFTER APPEARANCE.-A de fendant appears in an action when he answers demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of pr o~a in gs~ a1eDt appearance for h i m. After ap pearance, a defe ndant or his att orney is entitled to notice of all s ubsequent procee dings of which n otice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail. Service on nonresi- dents. SEC. 519. S ERV ICE ON NONRESIDENTS .-When a plaintiff or a defend- ant, who has appeared, resides out of the Canal Zone, and has no attorney in the action or proceeding, the service may be made on the clerk for him. But in all cases ere a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of sub- poenas, of writs, and other process issued in the suit, and of papers to brio him into contempt. If the sole attorney for a party is remove or suspended from practice, then the party has no attorney within the meaning of this section. If his sole attorney has no known office in the C anal Zone, notices and papers may be served by leaving a copy thereof with the clerk of the court unless such attorney shall have filed in the cause an address of a pace at which notices and papers may be served on him, in which event they may be served at such place. Preceding provisions SEC. 520. PRECEDING PROVISIONS NOT TO APPLY TO PROCEEDING TO o te mp tpr dina. COi- BRING PARTY INTO c oN TE M PT .-T he foreg oing pro visions of this sub- chapter do not a ply to the service of a summons or other process, or f arty paper to b ring a party into contempt. Genera l provi sions. GENERAL PROVISIONS supplied papqrs' how SEC. 521. LosT PAPERS, Now surpLIED .-If an original Eel ' ading or paper be lost, t he court may aut horize a copy the reof to filed an d used instead of the original. nTi y ofo tionersnot SEC. 522. PAPERS WITHOUT THE TITLE OF THE ACTION, OR WITH DEFEC- rivN TITLE , MAY BE VALID.-An affidavit, notice or other papei, without the titl e of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entit led, if i t int ellig ibly refe r to such acti on or proc eedi ng.