4. Motions upon notice must be made within the district in which the action is triable, or in a country [sic] adjoining that in which it is triable, except that, where the action is triable in the first judicial district, the motion must be made therein, and no motion upon notice can be made in the first judicial district in an action triable elsewhere.

5. In all the districts, a motion to vacate or modify a provisional remedy, and an appeal from ar order allowing a provisional remedy, shall have preference over all other motions.

6. No order to stay proceedings for a longer time than twenty days shall be granted by a judge out of court, except to stay proceedings under an order or Judgment appealed from, or upon previous notice to the adverse party.

7. When any party intends to make or oppose a motion in any court of record, and it shall be necessary for him to have the affidavit of any person who shall have refused to make the same, such court may, by order, appoint a referee to take the affidavit or deposition of such person. Such person may be subpoenaed and compelled to attend and make an affidavit before such referee, the same as before a referee to whom it is referred to try an issue. And the fees of such referee for such service shall be three dollars per day.

S. Whenever a motion shall be made in any cause or proceeding in any of the courts of this state, to obtain an injunction order, order of arrest or warrant of attachment, or to vacate, modify or set aside any injunction order, order of arrest or warrant of attachment granted in any such case or proceeding, It shall be the duty of the judge before whom such

motion is made, to render and make known his decision on such motion, within twenty days after the day upon which such motion shall or may be submitted to him for his decision.

402. When a notice of a motion is necessary, it must be served eight days before the time appointed for the hearing; but the court or judge may, by an order to show cause, prescribe a shorter time.

2408. In an action in the supreme court, a county judge, in addition to the powers conferred upon him by this act, may exercise, within his county, the powers of a judge of the supreme court at chambers, according to the existing practice, except as otherwise provided in this act. And in all cases where an order is made by a county judge, it may be reviewed in the same manner as if it had been made by a judge of the supreme court.

404. When notice of a motion is given, or an order to show cause is returnable, before a judge out of court, and at the time fixed for the motion, he is absent, or unable to hear it, the same may be transferred, by his order, to some other judge before whom the motion might originally have been made.

405. The time within which any proceeding in an action must be had, after its commencement, except the time within which an appeal must be taken, may be enlarged, upon an affidavit showing grounds therefor, by a judge of the court, or if the action be in the supreme court, by a county judge. The affidavit, or a copy thereof, must be served

with a copy of the order, or the order may be disre garded.

CHAPTER IX.

Entitling Affidavits.

406. It shall not be necessary to entitle an affdavit in the action; but an affidavit made without a title, or with a defective title, shall be as valid and effectual, for every purpose, as if it were duly entitled, if it intelligibly refer to the action or proceeding in which it is made.

CHAPTER X.

Computation of Time.

407. The 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.

CHAPTER XI.'

Notices, and Filing and Service of Papers.

2 408. 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.

409. The service may be personal, or by delivery to the party or attorney 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.

2410. 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

411. 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.

412. Where the service is by mail, it shall be double the time required in cases of personal service, except service of notice of trial, which may be made sixteen days before the day of trial, including the day of service.

413. Notice of a motion, or other proceeding, before a court or judge, when personally served, shall be given at least eight days before the time appointed therefor.

414. Where a defendant shall not have demurred or answered, service of notice or papers, in the ordi

nary proceedings in an action, need not be mado upon him, unless he be imprisoned for want of ball, out shall be made upon him or his attorney, if notice of appearance in the action has been given.

415. Where a plaintiff or a defendant who has demurred or answered, or gives notice of appearance, resides out of the state, and has no attorney in the action, the service may be made by mail, if his residence be known, if not known, on the clerk for the party.

416. 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.

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

418. 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.

CHAPTER XII.

Duties of Sheriff's and Coroners.

419. Whenever, pursuant to this act, the sheriff may be required to serve or execute any summons, order, or judgment, or to do any other act, he shall be bound to do so in like manner as upon process