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CHAPTER X.

COMPUTATION OF TIME.

Sec. 368. Time how computed.

$368. Nhe time within which an act is to be done, as herein provided, shall be computed, by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

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373.

374.

Notice when party served resides within fifty miles, &c.

375. Where defendant has not answered, papers need not be served on him
376. Where party resides out of state, service may be on clerk.
377. Summons and pleadings to be filed within ten days after service.
378. Where party appears by attorney, service to be on the attorney.
379. Provisions of this chapter not to apply to process for contempt &c.

§ 369. Notices shall be in writing; and notices and other papers may be served on the party or attorney, in the manner prescribed in the next three sections, where not otherwise provided by this act.

§ 370. The service may be personal, by delivery to the party on whom the service is required to be made, or it may be as follows:

1. If, upon an attorney, it may be made, during his absence from his office, by leaving the paper with his clerk therein, or with a 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, so as to admit of such service, then by leaving it at the attorney's residence, with some person of suitable age and discretion.

2. If upon a party, it may be made, by leaving the paper at his residence, between the hours of six in the morning and nine in the evening, with some person of suitable age and discretion.

§ 371. Service by mail may be made, where the person making the service and the person on whom it is to be made, reside in different places, between which there is a regular communication by mail.

§ 372. In case of service by mail, the paper must be deposited in the post-office, addressed to the person on whom it is to be served, at his place of residence, and the postage paid.

§ 373. Where a paper is served by mail, two days shall be added to the time of service, if the person to be served reside within fifty miles of the person making the service, and one day for every additional fifty miles; the distance to be estimated by the usual mail route.

§ 374. Notice of a motion, or other proceeding, before a court or judge, shall be given at least five days before the time appointed therefor, if the person to be served reside within fifty miles of the place where the hear

ing is to be had, and for every additional fifty miles, one day shall be added to the time of notice.

§ 375. Where a defendant shall not have answered, service of notices or papers, in the ordinary proceedings in an action, need not be made upon him, unless he be imprisoned for want of bail.

§ 376. Where a plaintiff, or a defendant who has demurred or answered, resides out of the state or has no attorney in the action, the service may be made on the clerk, for the party.

§ 377. The summons, and the several pleadings in an. action, shall be filed with the clerk within ten days after the service thereof, respectively, or the adverse party, on proof of the omission, shall be entitled, without notice, to an order from a judge that the same be filed within a time to be specified in the order, or be deemed abandoned.

§ 378. Where a party shall have an attorney in the action, the service of papers shall be made upon the attorney, instead of the party.

§ 379. The provisions of this chapter shall not apply to the service of a summons, or other process, or of any paper to bring a party into contempt.

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CHAPTER XII.

DUTIES OF SHERIFFS AND CORONERS.

SECTION 380. Duty of sheriff and coroner in serving or executing process, &c.

§ 380. Whenever, pursuant to this act, the sheriff may be required to serve or execute any summons or order, or to do any other act, he shall be bound to do so, in like manner as upon process issued to him, and shall be equally liable in all respects for neglect of duty; and if the sheriff be a party, the coroner shall be bound to perform the service, as he is now bound to execute process, where the sheriff is a party

CHAPTER XIII.

ACCOUNTABILITY OF GUARDIANS.

SECTION 381. Guardian not to receive property until security is given.

§ 381. No guardian, appointed for an infant, shall be permitted to receive property of the infant, until he shall have given sufficient security, approved by a judge of the court or a county judge, to account for and apply the same, under the direction of the court.

CHAPTER XIV.

POWERS OF REFEREES.

SECTION 381. Referees authorized to administer oaths, &c.

§ 382. Every referee, appointed pursuant to this act shall have power to administer oaths, in any proceeding before him, and shall have generally the powers now vested in a referee by law.

CHAPTER XV.

GENERAL PROVISIONS.

SECTION 383. Definition of "real property."

384. Definition of "personal property."
385. Definition of "property."

386. Definition of "districts."

387. Definition of "clerk.”

388. Statutory provisions inconsistent with this act repealed.
389. Rules and practice inconsistent with this act repealed.
390. This act not to affect certain provisions.

391. This act, when to take effect.

383. The words "real property," as used in this act, are co-extensive with lands, tenements and hereditaments.

§ 384. The words "personal property," as used in this act, include money, goods, chattels, things in action, and evidences of debt.

§ 385. The word "property," as used in this act, includes property real and personal.

386. The word "district," as used in this act, signifies judicial district, except when otherwise apparent from the context.

387. The word "clerk," as used in this act, signifies the clerk of the court where the action is pending, and, in the supreme court, the clerk in the county mentioned in the title of the complaint, or in another county to which the court may have changed the place of trial, unless otherwise apparent from the context.

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