appertaining to the county of which they may have cognizance. Sec. 6. And be it further enacted, That all appointments made by the associate judges or courts of common pleas, in pursuance of the powers to the said judges and court, delegated by the general assembly at their last session, (although such appointment or appointments should not have been made in the time prescribed) shall be considered good and valid, and the same is hereby ratified and confirmed to all intents and purposes. Sec. 7. And be it further enacted, That when a party is desirous to appeal a cause from the court of common pleas to the supreme court, he shall enter a notice on the record, of his intention, in term time, whereupon the court shall cause execution to be stayed thirty days, and if good bail is not put in for the prosecution of the appeal, within that time, the plaintiff shall be at liberty to take out his execution and proceed as in other judgments. Sec. 8. And be it further enacted. That the judges of the courts of common pleas, may and they are hereby authorized, to appoint a clerk, 11-Vol. 2 Any person requiring a writ, to file precipe. When writ to be endorsed by a free-holder. Sheriff to take bail In what pro tem whenever it may be necessary, in any county, by reason of the office being vacant. Sec. 9. And be it further enacted, That every person requiring a writ, shall file a precipe with the clerk, who shall make out and deliver such writ or process as he is directed; and in all cases of mesne process, where the plaintiff doth not reside in the county, or possess any land therein, the writ shall be endorsed by some freeholder, resident in the county, as security for costs, before the sheriff shall serve the same, and the clerk shall endorse on the writ for what it was brought, and also the amount appearing to be due or sworn to. Sec. 10. And be it further enacted, That the sheriff shall, in all cases where he serves a capias ad respondendum, take a bail bond, with one good surety at least, in double the sum which appears to be due by the writ, conditioned for the appearance of the defendant at the return of the writ, and that he will abide the order of the court and not depart without leave. Sec. 11. And be it further enacted, That the plaintiff shall be entitled to special bail in all actions brought on covenants, bonds, sealed bills, bills of exchange, notes, proven accounts, or where a sum is sworn to be due, as a matter of course, and in all cases where the court, from the particular circumstances of the case, may direct and order bail to be filed. Sec. 12. And be it further enacted, That no associate judge, while he continues in office, shall accept of (or perform the duties) of any other office of trust or profit, under the authority of this state (except such office shall be in the militia). holding the court. sion. Sec. 13. And be it further enacted, That the Times of terms of the supreme court for the several supreme counties, shall be held as follows, to-wit: Spring circuit, for the county of Trumbull, on the Spring sestwenty-sixth of March; Columbiara, second of April; Jefferson, ninth of April; Belmont, sixteenth of April; Muskingum, twenty-fifth of April; Fairfield, thirtieth of April; Franklin, seventh of May; Ross, fourteenth of May. The fall circuit, for the county of Washington, sixth Fall session. of August; Gallia, fourteenth of August; Scioto, twentieth of August; Adams, twenty-fourth of August; Clermont, thirtieth of August; Hamilton, fourth of September; Butler, eighteenth of September; Warren twenty fourth of September; Montgomery, twenty-eighth of September; Green, third of October; and that if any of the aforesaid days should happen on Sunday, then the court shall be holden on the next day. County of attached to circuit com the second mon pleas Times of holding courts of common first circuit. Sec. 14. And be it further enacted, That the county of Muskingum shall be, and the same is hereby attached to and made a part of, the second circuit of the court of common pleas, and all officers are enjoined and required to govern themselves accordingly. Sec. 15. And be it further enacted, That the courts of common pleas for the three circuits, pleas in the shall be held as follows, to-wit: For the first circuit, in the county of Hamilton, first Tuesdays of May, October and January; Butler, third Tuesdays of May, October and January; Warren, fourth Tuesdays of May, October and January; Montgomery, the first Tuesdays of June, November and February; Green, the second Tuesdays of June, November and February; Clermont, the third Tuesdays of June, November and February. Second cirouit. Second circuit. Franklin, second Wednesdays of June, October and March; Ross, third Mondays of June, October and March; Adams, the fourth Tuesdays of June, October and March; Scioto, the first Mondays of July, November and April; Gallia, the first Thursdays after the first Monday of July, November and April; Fairfield, the second Tuesdays after the first Mondays of July, November and April; Muskingum, the third Mondays of July, November and April. cuit. Third circuit. County of Trumbull, second Third cir Tuesdays March, June and November; Columbiana, third Tuesdays of March, June and November; Jefferson, first Tuesdays April, August and December; Belmont, second Tuesdays April, August and December; Washington, third Tuesdays April, August and December. parts of An act organizing courts," pealed. Sec. 16. And be it further enacted, That the Certain twentieth section of the act, entitled, "An act organizing the judicial courts," and all that part jus reof the fifth section of said act, which empowers the supreme court to prescribe the forms of writs throughout the state, and to direct the general rules of practice for the courts of common pleas, and all other parts of said act which are inconsistent with, or contrary to, the provisions of this act, be, and they are hereby repealed; and such forms of writs as have been by said supreme court prescribed, and such rules of practice as have been directed, shall be pealed. of no force hereafter. ELIAS LANGHAM, Speaker of the house of representatives. Form of rules of pro writs and ceedings re |