Page 255. Amend § 370, first paragraph previous to subdivision 1, to read as follows: § 370. The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows: Page 256. Amend § 373 to read as follows: § 373. Where a paper is served by mail it shall be double the time required in cases of personal service. Page 256. Amend § 374 to read as follows: § 374. Notice of a motion, or other proceeding, before a court or judge, when personally served, 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 hearing is to be had, and for every additional fifty miles, one day shall be added to the time of notice. Page 259. Amend § 386 to read as follows: 386. The word “district,” as used in this act, signifies judicial district, except when otherwise specified. Page 359. Amend § 387 to read as follows: § 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 specified. Page 260. Amend § 388, to read as follows: § 388. All statutory provisions inconsistent with this act, are repealed; but this repeal shall not revive a statute or law which may have been repealed or abolished by the provisions hereby repealed. And all rights of action given or secured by existing laws, may be prosecuted in the manner provided by this act. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this act, the practice now in use may be adopted so far as may be necessary to prevent a failure of justice. Page 260. Amend § 389 to read as follows: § 389. The present rules and practice of the courts, in civil actions, inconsistent with this act, are abrogated; but where consistent with this act, they shall continue in force subject to the powers over the same of the respective courts as they now exist. Page 260. Amend § 390, (which in the Code is printed as § 389,) to read as follows: § 390. Until the legislature shall otherwise provide, this act shall not affect proceedings upon mandamus, prohibition, quo warranto, information, scire facias to repeal letters patent; nor appeals from surrogates' courts; nor any special statutory remedy not heretofore obtained by action; nor any existing statutory provisions relating to actions, not inconsistent with this act, and in substance applicable to the actions hereby provided; nor any proceedings provided for by chapter five of the second part of the Revised Statutes, or by the second, third, fourth, fifth, sixth and eighth titles of chapter five of the third part of those Statutes, or by chapter eight of the same part, excluding the second and twelfth titles thereof, or by the first title of chapter nine of the same part; except that when in consequence of any such proceeding a civil action shall be brought, such action shall be conducted in conformity to this act; and except also, that where any particular provision of the titles and chapters enumerated in this section shall be plainly inconsistent with this act, such provision shall be deemed repealed. Page 260. Amend § 391 to read as follows: § 391. This act shall take effect on the first day of July next; except that sections 23, 24, 25, 26 and 27, shall take effect immediately. |