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rer shall be thereafter received, but the defendant shall answer the allegations of the petition, and if the complainant shall not proceed to apply to, or set for hearing, any plea or demurrer before the second day of the term next after filing the same, the petition shall be dismissed of course, with costs; upon a plea or demurrer argued and overruled, costs shall be paid, and the defendant shall answer within two months after, but if adjudged good, the defendant shall have his costs, and if any defendant after a plea or demurrer shall have been overruled, shall refuse to answer, the petition shall be taken as confessed and the matter thereof decreed.

Petition
when taken
as con-
lessed

Writs of ne
exeat and
injunction,
by whom
and when
to be al-

Sec. 6. And be it further enacted, That the supreme court, or any court of common pleas in

session, or any judge of the supreme court, or lowed, etc. presiding judge of the courts of common pleas

in vacation, may grant writs of ne exeat to prevent the departure of any defendant out of the state, until security be given for performing the decree, and writs of injunction to stay execution of judgments obtained in any of the courts of law: Provided, That writs of ne exeat shall not be granted but upon a petition filed and affidavits made to the truth of its allegations, which being produced to the court in

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terin time, or the judge in vacation, such writ may be granted or refused as shall seem just, and if granted, ne shall direct to be endorsed thereon in what penalty bond and security shall be required of the defendant, and if the defendant shall by answer satisfy the court that there is no reason for his restraint, or give sufficient security to perform the decree, the writ may be discharged: Anul provided also, That no injunc- Proviso. tion shall be granted to stay proceedings in any su at law, unless the court, in term time, or the judge in vacation, shall be satisfied of the plaintiff's equity, either by affidavit that the allegations in the petition are true, or by other means; and where any injunction shall be granted, the clerk shall endorse on the subpoena that the effect thereof is to be suspended until the party obtaining the same shall give bond, with sufficient security, in the office of the clerk of the court in which the judgment to be enjoined shall have been obtained; and the party obtaining the injunction shall then enter into bond, with sufficient security, and file the same in the clerk's office of that court in which the proceedings at law were had, for paying all money and costs due, or to become due to the other party in the action at law, and also all such costs as

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shall be awarded against him or her, in case the injunction shalì be dissolved, and the clerk shall endorse on the subpæna that the bond is filed.

Sec. 7. And be it further enacted, That whenever a petition is filed for a review of the proceedings in which a decree shall have been made, if the court think it reasonable under the circumstances of the case, to stay proceedings on the decree, they may direct proceedings on such decree to be stayed until a decree on the said petition for a review shall be made, or until the further order of the said court, and the court shall direct such security to be given as is usual in cases of appeal or injunction.

Sec. 8. And be it further enacted, That all decees in courts of chancery shall be enforced by sequestration of the property of the party against whom the decree is made, until such decree is complied with, or by execution against the goods, chattels, lands and tenements, of such party as the court may direct, and as the case may require; and in all cases where costs are given, the party entitled thereto may take out an execution for the same, in like manner as executions are awarded in courts of law.

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houses,

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That there shall be erected and established in each and every county, not having the same already establisbed therein, whenever the commissioners may deem it necessary, a good and convenient court house and Court a strong and sufficient jail or prison, for the jail, etc.. reception and confinement of debtors and crimi. ed by the nals, well secured by timber, iron bars, grates, bolts and locks, and also a pillory, whipping post, and so many stocks as may be necessary for the punishment of offenders; and every jail so to be erected, shall consist of not less than two apartments, one of which shall be appropriated to the reception of the debtors, and the other

sioners.

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Materials,
dimensions
and plans
to be di.
rected by
the commis-
sioners.

shall be used for the safe keeping of persons charged with or convicted of crimes.

Sec. 2. And be it further enacted, That every court house and jail so to be erected as aforesaid, shall be formed of such materials and of such dimensions, and on such plans as shall be directed by the commissioners of said county, who are hereby authorized to plan and project the same, and to accept as a gift, or to purchase for the use of the county, so much ground as they may judge convenient and necessary whereon to build, all or any of the structures aforesaid, which purchase money shall be defrayed by the county.

Sec. 3. And be it further enacted, That when the said commissioners shall deem it expedient

to proceed to erect any of the buildings aforeTo give no- said, they shall advertise the same at least

thirty days, in three of the most public places in said county, stating in such advertisements the day they will attend at the places of holding courts in said county, at which time and place the said commissioners shall proceed to set up

the aforesaid buildings at public auction, the Lowest bid- lowest bidder shall be the purchaser, who shall

enter into bond, with approved security, to the commissioners and their successors in office,

tice of sale,
etc.

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der to be
the pur-
chaser, to

give bond.

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