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book account, or other liquidated demand, and the defendant shall fail to plead the general issue, and give in evidence the said debt, contract, book account, or other liquidated demand, as aforesaid, agreeably to the provisions of this act, said defenDefendant fail- dant or defendants, shall forever be barred from recovering ing to give notice any costs upon any suit which may thereafter be instituted upon the said debt, contract, book account or other liquidated demand, as aforesaid, unless it shall appear to the court, that it was not in the power of the defendant, in the former suit, to produce the evidence of his said debt, contract, book account or other liquidated demand, as aforesaid, at the time of trial.

of set off, bar red from cost

Ant repealed

Effect

Sec. 4. That an act, entitled "An act allowing mutual debts and demands to be set off, and concerning tenders," passed February twenty-fourth, one thousand eight hundred and sixteen, be, and the same is hereby repealed.

This act shall take effect and be in force from and after the first day of June next.

February 19, 1824.

JOSEPH RICHARDSON, Speaker of the House of Representatives.

ALLEN TRIMBLE,

Speaker of the Senate.

On plea of gene

ecution required

filed

AN ACT dispensing with proof in certain cases.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That upon plea of non-est factum, offered by the person charged as the obligor or grantor of a deed, or plea of non assumpsit, or nihil debit, offered by the person charged as the maker or indorser of any promissory note or bill of exchange, it shall not be necessary for the plaintiff to prove the execution ral issue, &c., of the deed, or the making or indorsing of the note or bill of no proof of ex exchange, upon which such suit is brought, unless the party without affidavit offering such plea shall make affidavit of the truth thereof; and when any person, other than the grantor or obligor of such deed, or the maker or indorser of such promissory note or bill of exchange shall be defendant, the same rule shall be observed as to proof, unless the defendant, at the time when either of the pleas aforesaid shall be offered, shall make affidavit, that he or she believes the deed on which the action is founded, is not the deed of the party charged as the obligor or grantor thereof, or that the promissory note or bill of exchange was not subscribed or indorsed by the party charged as the maker or indorser thereof.

Book accounts may be verified

Sec. 2. That in all actions wherein any claim or defence is founded on book accounts of not more than eighteen months yosh of party standing, in which is drawn in question the validity or amount

of any such book accounts, the court or justice may, upon the
trial of such action, examine the party under oath or affirma-
tion, touching the validity of such account or accounts, which
shall be admitted as evidence on the trial, the credibilty there
of being left to the jury or justice to determine.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.
ALLEN TRIMBLE,

December 18, 1823.

Speaker of the Senate.

AN ACT concerning the admission of testimony in certain eases.

entries, &c. from

fice, to be admit

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be competent for a party to any suit here- Sworn copies of after to be tried in any court within this State, to exhibit in R. C. Anderson's support of his action or plea, to the court before whom such or auditor's of action is to be tried, the copy of any entry, survey or voucher, ted in evidence on record or file in the office of Richard C. Anderson, surveyor without notfor of the lands lying within the Virginia Military district, or his successor in office; signed and sworn to by the said Richard C. Anderson, or his successor in office, as being a correct copy or copies of any entry, survey or other voucher, being on record or file in said office, and also that the copies of entries and surveys, or other vouchers on record or file in the office of the auditor of State, may in like manner be exhibited in support of any such action or plea: in all which cases it shall be unnecessary for the party producing such copy or copies, to give notice of the taking the same, to any party interested in the cause or mat ter to which they relate.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.
ALLEN TRIMBLE,

Speaker of the Senate.

December 18, 1923.

AN ACT to provide for the taking of depositions,

witnesses resi.

Sec. 1. Be it enacted by the General Assembly of the State of Depositions of Ohio, That when the testimony of any person shall be neces ding out of the sary in any civil cause or matter, pending in either the court of county, going common pleas or supreme court, sitting as a court of law or out, aged or inequity, and such person shall reside out of the county where

firm, may be ta

ken

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Before whom

such depositions

such cause or matter is pending, or shall intend to leave such county before the time of trial, or shall be ancient or very infirm, the deposition of such person may be taken before any may be taken justice or judge of any court of the United States, or before any chancellor, master commissioner in chancery, justice or judge of any supreme or superior court, notary public, mayor or chief magistrate of any city or town corporate, judge of any county court, or court of common pleas, or justice of the peace of this State, or of any of the United States, or of any disProviso as to the trict or territory thereof: Provided, Such officer shall not be interest of the of counsel or attorney to either of the parties, or otherwise interested in the event of such cause.

officer, &c.

en to the adverse

party

Sec. 2. That prior to the taking of any such deposition, a Notice to be giv. written notice, specifying the time and place of taking the same, shall be served on the adverse party, his agent or attorney of record, or left at his usual place of abode, so that he may be present and put interrogatories, if he, or his agent or attorney, shall think proper: which notice shall be served as aforesaid, so as to allow the adverse party, time to attend after the service of such notice, by traveling at the rate of twenty miles per day, Sundays exclusive.

by witnesses

Sec. 3. That any person required to depose as aforesaid, Oath to be taken shall be sworn or affirmed, by the justice, judge, notary public, or other officer, before whom such deposition may be taken, to testify the truth, the whole truth, and nothing but the Depositions shall truth; and shall subscribe the testimony by him or her given, be subscribed by after the same shall be reduced to writing, by the officer taking the deposition, or by the witness, or some other disinterested person, in his or her presence.

witness

Depositions to be

the officer taking

the

Sec. 4. That the deposition so taken, as aforesaid, shall be delivered at the delivered by the officer taking the same, into the office of the clerk's office, by clerk of the court where the cause or matter shall be pending, same, or in which such deposition was taken; or shall, together with a with the notice, copy of the notice to the adverse party, be, by such officer, sealed up, directed and transmitted to the clerk of such court, there to remain under seal, until opened according to the rules prescribed by such court for that purpose.

sealed and sent

Depositions ta.

cause in S. C.

Sec. 5. That all depositions taken as aforesaid, in any cause ken for C. P. to or matter depending in the court of common pleas, sitting as a be used in same court of law or equity, shall be admitted and read in evidence, on the hearing of the same cause or matter, when removed into the supreme court; and shall be, by the clerk of the court of common pleas, certified and sent up with such cause or matter: Provided, That before the deposition of any aged, infirm, absent or ident witness,not going witness, resident of the county, shall be admitted in eviused at law, if dence in either of said courts, when sitting as a court of law, such court shall be satisfied that the personal attendance of such witness could not be obtained at the trial.

Deposition of res

witness can at

tend trial

Officers author

Sec. 6. That cach and every judicial or other officer residized to take de- ing in this State, and who may be authorized, as aforesaid, to

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may

issu uponas

take depositions within the same, shall have power, at the in- positions, stance of any person who may be desirous of taking the depo-for witnesses sition of any witness, relating to any civil action, suit, bill, petition or other judicial matter or proceeding, pending in any court, or before any referees or arbitrators, of this State, or any other State, district, territory or country, to cause such witness, by process of subpoena, to appear before him, on reasonable notice, at a certain time and place therein specified.

ance of witnesses by attachiment

Sec. 7. That if any person who shall have been subpoenaed And may comto appear as aforesaid, shall neglect or refuse to attend accord- pel the attend. ingly, not having a reasonable excuse for such neglect or refusal, the officer issuing such subpoena, is hereby authorized and empowered, to compel such person, by attachment, to be brought before him; and for want of a reasonable excuse, as aforesaid, to witness attach fine such person in any sum not exceeding fifty dollars, to and ed, may be fined for the use of the party for whom such witness was subpoenaed, ble to an action as aforesaid, with costs: and such witness shall, moreover, be li- for damages able to the action of the party injured, for all damages he may have sustained by reason of the non-attendance of such witness.

and shall be lia.

may be fined or

Sec. 8. That if any person, not incompetent to testify in the Witness refus action, cause or matter, pending as aforesaid, nor otherwise ing to testify, protected by law from testifying therein, and having appeared imprisoned as required, shall nevertheless, refuse to testify, the officer issuing such subpoena, shall fine every such person in any sum not exceeding fifty dollars, nor less than five dollars, to and for the use of the party for whom such person was subpoenaed, or com mit him to the jail of the county, there to remain until he shall submit to testify: Provided, That before any person subpoe- But may demand Gaed, as aforesaid, shall be compelled to testify, he shall be his fees before paid, if he demand them, his lawful fees for attendance.

testifying

this act, may be

Sec. 9. That depositions taken pursuant to this act, shall be Depositions admitted in evidence on the trial of any civil action, cause or ken pursuant to matter, pending before justices of the peace, or before any used before jus mayor, or other judicial officer of a city, or town' corporate, tice, mayor, ar. or before any arbitrators or referees: and such depositions shall bitrators, &c. be delivered or sealed up, addressed and transmitted by the officer taking the same, to such justice, mayor or other judicial officer, arbitrator or referees.

in court below, may be used in

Sec. 10. That such depositions, having been taken and ad-Depositions used mitted in evidence, in any such inferior court, as aforesaid, may, on appeal therefrom, be read in evidence on the trial of same cause, on the same action, cause or other matter, in the court to which appeal such appeal may be taken; subject, however, to all such legal exceptions, as may be taken thereto: Provided, That such de- Proviso as to the position shall be filed with the clerk of the court to which such time appeal may be taken, on or before the second day of the term of the said court, next succeeding the time of taking such ap peal.

of filing them in court

Sec. 11. That depositions taken pursuant to this act, by any Authentication judicial or other officer of this State, authorized to take the of depositions.

sufficient in the

what shall be same, shall be admitted in evidence before any court, referees circuit where ta. or arbitrators, sitting in any judicial circuit of the courts of common pleas, wherein such depositions may have been taken, upon the certificate and signature of such officer, whereto shall

ken

out of the circuit where taken

.onexed his seal of office, if he shall have one; and no other or further act of authentication thereof shall hereafter be required: but if such depositions were not taken within the How authentica-judicial circuit in which they are to be used in evidence, wheted, when used ther taken in this State or elsewhere, they shall be further au thenticated, either by parole proof adduced in open court, or by the annexation thereto, of the official certificate and seal of any secretary or other officer of State, keeping the great seal of State, or of the clerk or prothonotary of the court of any city, county, circuit, district, State, territory, province, or other division, that the judicial or other officer before or by whom, such depositions were taken, was, at the time of taking the same, an officer, within the meaning of this act.

stables to serve process under

Sec. 12. That it shall be the duty of any sheriff or constaSheriffs and con ble, to whom any subpoena, or writ of attachment, may be directed, under the provisions of this act, to execute the same this act-their according to the command thereof; for which service such officer shall have the same fees as are, or may be allowed by law, for like services in other cases.

fees as in other

cases

Officer neglect

cess, may be

cases

taking

Tons

deposi

Sec. 13. That if any such officer shall neglect or refuse to execute and return any subpoena or attachment, directed and deliing to execute or vered to him as aforesaid, he may be amerced by the court of return such pro common pleas of the proper county, to and for the use of the paramerced by C. P. ty injured thereby, in the same manner, and to the same amount, as in other like that such officer could or might be amerced, for neglecting or refusing to execute and return similar process in other cases. Sec. 14. That each and every master commissioner in chanFees of officers cery, judicial or other officer residing in this State, and who is authorized by this act to take depositions, shall be entitled to demand and receive for taking the same, the following fees, namely: for swearing each witness, four cents; for each subpoena or writ of attachment, the same fees that now are, or hereafter may be 'allowed to the clerks of the supreme court, or courts of common pleas, for issuing similar process in other cases; and for each hundred words contained in any such deposition and certificate, the sum of ten cents, and no more: and the master commissioner, judicial or other officer, taking such positions till fees deposition, may retain the same in his possession until such fees shall be paid.

May retain de.

are paid

cate to be used

Sec. 15. That depositions taken within this State, shall be Form of certifi- certified by the officer taking the same, as nearly in the form by the officer ta following as the nature of the case will admit, namely: I, A B king depositions judge, justice of the peace, master commissioner in chancery, or other officer, (stating the official character of the officer according to the fact.) do hereby certify that C D, (naming each witness examined) was by me sworn or affirmed to testify the

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