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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 big to give notice any costs upon any suit which may thereafter be instituted upof set off, bar rød from cost on the said debt, contract, book account or other liquidated de.
mand, 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.
Sec. 4. That ap act, entitled "An act allowing mutual debts
and demands to be set off, and concerning tenders," passed Fe. Aby repealed
bruary twenty-fourth, one thousand eight hundred and sixteen,
be, and the same is hereby repealed. Effect
This act shall take effect and be in force from and after the first day of June next.
JOSEPH RICHARDSON, Speaker of the House of Representatives." ALLEN TRIMBLE,
Speaker of the Senate. • February 19, 1824.
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 On plea of gene." ral issue, fc., of the deed, or the making or indorsing of the note or bill of ng proof of ex exchange, upon which such sait is brought, unless the party ecution required withoni atidavit 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.
Sec. 2. That in all actions wherein any claim or defence is Boot aceounts for may be verified founded on book accounts of not more than eighteen months by ogla 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
Speaker of the Senate
AN ACT concerning the admission of testimony in certain eagas.
oe, to be admit.
Sec. 1. Be it enacted by the General Assembly of the State of
entries, &c. from 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 nostre 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.
Speaker of the Senate.
AN ACT to provide for the taking of depositions,
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- witnesses resi.
pding out of the sary in any civil cause or maiter, pending in either the court of county, going common pleas or supreme court, sitting as a court of law or out, aged or in
firm, may be tai equity, and such person shall reside out of the county where ken
Notice to be giv. an to the adveree
such cause or matter is pending, or shall intend to leave suct
county before the time of trial, or shall be ancient or very inBefore whom om one firm, the deposition of such person may be taken before any
ho donosition of 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
the of counsel or attorney to either of the parties, or otherwise oftoer, &-c.
interested in the event of such cause.
Sec. 2. That prior to the taking of any such deposition, a
Ps written notice, specifying the time and place of taking the same, party
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 be, 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.
Sec. 3. That any person required to depose as aforesaid, Oath to be taken shall be sworn or affirmed, by the justice, judge, notary pub
lic, or other officer, before whom such deposition may be ta
ken, to testify the truth, the whole truth, and nothing but the Depositions shall truth; and shall subscribe the testimony by hiin 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.
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, the 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, seal.
ed up, directed and transmitted to the clerk of such court, there to remain under seal, until opened according to the rules pre
scribed by such court for that purpose.
la Sec. 5. That all depositions taken as aforesaid, in any cause Depositions ta. ken for C. P. to or matter depending in the court of common pleas, sitting as a
ame 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 ofthe court of com
mon pleas, certified and sent up with such cause or matter: ProDeposition of res
ofres, dided, That before the deposition of any aged, infirm, absent or ident witness,not going witness, cesident of the county, shall be admitted in evi. used at law, if dence in either of said courts, when sitting as a court of law, tend trial such court shall be satisfied that the personal attendance of such
witness could not be obtained at the 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
Depositions to be
the officer taking
sealed and sent
be used in same cause in S. C.
witness can at
ance of witnesses
and shall be lia.
take depositions within the same, shall have power, at the in-positions, may 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, peti. tion 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 subpæna, to appear before him, on reasonable notice, at a certain time and place therein specified.
Sec. 7. That if any person who shall have been subpænaed And may com. to appear as aforesaid, shall neglect or refuse to attend accord- pel the attend. ingly, not having a reasonable excuse for such neglect or refusal, in
" by attachment the officer issuing such subpæna, 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 attachfine 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.
Sec. 8. That if any person, not incompetent to testify in the Witness refuse action, 'cause or matter, pending as aforesaid, nor otherwise in
may be fined or protected by law from testifying therein, and having appeared imprisoned' as required, shall nevertheless, refuse to testify, the officer issuing such subpæna, 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 subpænaed, 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 nnay demand Gaed, as aforesaid, shall be compelled to testify, he shall be his sces before
A testifying paid, if he demand them, his lawful fees for attendance.
Sec. 9. That depositions taken pursuant to this act, shall be Depositions ta. admitted in evidence on the trial of any civil action, cause or keni pursuant to matter, pending before justices of the peace, or before any used the mayor, or other judicial officer of a city, or town* corporate, tice, mayor, ar. or before any arbitrators or referees: and such depositions shall bitra 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.
Sec. 10. That such depositions, having been taken and ad- Depositions used mitted in evidence, in any such inferior court, as aforesaid, in court below, may, on appeal therefrom, be read in evidence on the trial of sanc 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 10 the position shall be filed with the clerk of the court to which such 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
this act, onay be
nay be used in
time of filing thein 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 circuit where ta. O ken
out of the circuit where taken
fees as in other cases
what shall be same, shall be admitted in evidence before any court, referee's
c. 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
onexed his seal of office, if he shall have one; and no other or further act of authentication thereof shall hereafter be re
quired: but if such depositions were not taken within the
tica. 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 parolo proof adduced in open court, or by the annexation thereto, of the otticial 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 oficer before or by whom, such depositions were taken, was, at the time of taking the same, an officer, within the meaning of this act.
Sec. 12. That it shall be the duty of any sheriff or constaSheriffs and con ble, to whom any subpæna, or writ of attachment, may be diStandesa to service rected, under the provisions of this act, to execute the same this act--their according to the command thereof; for wbich service such offi
"cer shall have the same fees as are, or may be allowed by law, for like services in other cases.
Sec. 13. That if any such officer shall peglect or refuse to ex
recute and return any subpæna or attachment, directed and deliing to execute or vered to him as aforesaid, he may be amerced by the court of return sucha pro: common pleas of the proper county, to and for the ase of the paramerced by C. P. ty injured thereby, in the same manner, and to the same amount, as in other like that such oficer could or might be amerced, for neglecting or cases
refusing to execute and return similar process in other cases.
Sec. 14. That each and every master commissioner in chanFees of officers cerv, judicial or other officer residing in this State, and who is taking deposi.
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 subpæna 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 eontained in any such deposition and certificate, the sum of ten cents, and no more: and
the master commissioner, judicial or other officer, taking such os deposition, may retain the same in his possession until such fees shall be paid. .
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 cate to be used 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 oflicer, (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
positions till fees are paid