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edo Sigue and taken writing
truth, the whole truth, and nothing but the truth; and that the
Sec. 16. That the act entitled “an act to provide more ef- Act repeated fectually for taking of depositions, and to dispense with the making of full records of judgments in certain cases,” passed February the 12th, 1328, be, and the same is hereby repealed.
This act to take effect and be in force from and after the first day of June next.
JAMES M. BELL,
Speaker of the Senate
AN ACT providing the mode of perpetuating testimony in certain casos:
taken to perpe:
Sec. 1. Be it enacted by the General Assembly of the State of Before whom deOhio, That any two associate judges of the court of common positions may be pleas, or in case there be no two associate jadges disinterested, tuate evidence then two justices of the peace in their respective counties, may. take the deposition in writing, of any person residing therein, to perpetuate the remembrance of any fact, matter or thing; and the associate judges or justices of the peace, before whom such deposition is to be made, shall cause such person or persons, whom they know to be interested, either directly or indirectly, or otherwise affected by such deposition, if within their coanty, to be duly notified of the time and place of taking such deposition, and if without the county, bis or their attorney, if any they have, who shall be at liberty to interrogate and cross examine such deponent; and all such questions and answers shall be reduced to writing and included in such deposition: How to be taken, and the deposition being reduced to writing by one of the asso- and effect ciate judges, or justices of the peace, or by the deponent, in their presence, and subscribed, either of the associate judges or justices of the peace, shall administer an oath or affirmation, and certify the caption; and the deposition so taken, shall, within sixty days, be recorded witbin the office of the recorder of deeds, in the county where the land lies, if the deposition res. pects real estate; and if the same respects personal estate, then in the office of the clerk of the court of common pleas of the said county where the same shall be taken: and the deposition 50 certified, or a copy of said record, may, in case of the death of such deponent, absence out of the State, or inability to attend the court as aforesaid, be used as evidence in any cause to wbieh it may relate: Provided, That nothing in this act.Proviso
contained, shall be so construed as to prevent any and all legal exceptions being made and allowed to the reading of such deposition, on any trial at law or equity, in which the same may be introduced as evidence; unless it shall appear by a certifcate thereon, that the party against whom the same is to be used, or his attorney, was present at the taking of the same.
That the act providing the mode of perpetuating testimony in certain cases, passed February the nineteenth, A. D. eighteen hundred and ten, be, and the same is hereby repealed.
JOSEPH RICHARDSON, Speaker of the House of Representatives. ALLEN TRIMBLE,
Speaker of the Senate, February 6, 1824.
AN ACT allowing and regulating writs of replevin.
property, and be accompanied
What affidavit must contain
the cost of the clerk, fc.
Goods wrongful. Sec. 1. Be it enacted by the General Assembly of the State of ly detained may Ohio, That if any person shall wrongfully detain the goods and be replevied
... chattels of another, the owner, or his agent or attorney, may Precipe for writ to contain a de- file a precipe, containing a description of the property to be scription of the replevied, with the clerk of the court of common pleas, for a
nied writ of replevin; and shall therewith ble an affidavit, stating with an affidavit that he has good right to the possession of the goods and chat
A tels described in said precipe, and that they are wrongfully de
tained by the defendant, and that said goods and chattels were not taken in execution on any judgment against the said plain
tiff, nor for the payment of any tax, fine or amercement, asseswithout affidavit sed against the said plaintiff: and any writ issued, without such to be quashed at arbdavit, shall be quashed, at the costs of the clerk issuing the
mesame, who, as well as the plaintiff, shall be, moreover, liable in
damages, to the party injured. The command of Sec. 2. That the writ shall be directed to the sheriff or cor. the writ
oner of the county, commanding him to cause to be replevied to the plaintiff, the same goods and chattels named in such precipe and affidavit; and to summon the person charged with their unlawful detainer, to appear at the next court of common pleas, to be holden in the county, to answer unto the plaintiff, for the unlawful detention.
Sec. 3. That the sheriff or other officer, may break open any break open house, stable, out house or other building, in which such prohouse, &c. to re-portu?
reperty is concealed, in order to replevy the same; having first concealed, en made demand of such property, and of entrance into such builtrance being re. ding, and the same being refused.
la Sec. 4. That before the sheriff or other officer, shall deliver vied, not to be to the plaintiff, his agent or attorney, any goods or chattels re:
plevied as aforesaid, the plaintiff shall give bond to the defen- delivered to dant, with two or more responsible freeholders of the county, a as securities, in double the value of the goods and chattels re- ven in double the plevied; (which value shall be ascertained by the oath of two va or more disinterested persons, whom the sheriff or other officer, shall swear truly to assess the value thereof,) conditioned that
Condition of the the plaintiff shall appear at the return term of the writ, and bond prosecute his suit to effect, and pay all costs and damages which shall be awarded against him: which bond shall be returned with the writ, for the security and benefit of the defendant.
Sec. 5. That if the plaintiff, his agent or attorney, shall ne- If bond be not glect or refuse to execute and give bond as a foresaid, within given in 24 twenty-four hours from the taking of such goods and chattels, to be returned to under said writ, then the sheriff or other officer shall return defendant said goods and chattels to the defendant: and if the sheriff or
the Officer not comother officer, shall deliver any property so replevied to the oth plaintiff, his agent or attorney, or detain the same from the de- foregoing requi. fendant, without taking such security within the time aforesaid, sitions, shall be
liable, etc. or shall take insufficient security, he shall be liable to the de-" fendant in damages. Sec. 6. That on the return of every writ of replevin,
every WII 0 Tepic , When plaintiff the suit shall be subject to the same usages and rules of prac- discontinues etc. tice, as other cases: but if the plaintiff shall discontinue his a jury may be
impanneled, suit, or become non-suit, or where judgment shall be ren- and findi dered against the plaintiff on demurrer, or he shall otherwise right of property
or right of posfail to prosecute his suit to final judgment, then, or in either ser
session in deren case, the court shall, on application of the defendant or his at-dant, shall assess torney, impannel a jury to inquire into the right of property, and right of possession, of the defendant, to the goods and he sball have chattels in controversy; and if the said jury shall be satisfied judgment that said goods and chattels were the property of the defendant, at the commencement of the action, or if they shall find only, that the defendant was entitled to the possession of the goods and chattels at the commencement of the action, then, and in either case, they shall assess such damages for the defendant, as are right and proper; for which, together with costs of suit, the court shall render judgment against the plaintiff.
Sec. 7. That in all cases, upon issue joined, where the jury Also upon issue shall find for the defendant, they shall also find, whether the joined, the jury
dobottols finding as a foredefendant had the right of property in the goods and chattels, or the right of possession only, at the commencement of suit; dant, shall agsess and if they shall find either in his favor, they shall assess such his damages damages as they may think right and proper for the defendant; on which, with costs of suit, judgment shall be rendered by the court.
Sec. 8. That in all cases where the jury shall find for the sury Anding for plaintiff, on an issue joined, or on inquiry of damages upon a plaintiff, shall judgment by default, they shall assess adequate damages to the for the detention plaintiff, for the illegal detention of the property ; for which, etc. and the costs of suit, the court shall render judgment.
his damages; for which and costs,
Sec. 9. That no suit shall be instituted on the bond given Lo suit on reple: by the plaintiff under the fourth section of this act, by the devia bond, until execution fendant or bis representatives, until an execution shall have against plaintiff issued on the judgment in favor of the detendant in replevin; returned “no: goods,” etc. in whicb it shall be returned, that sufficient goods and chaitels
or real estate, whereon to levy and make the amount of the said judgment and costs, cannot be found in the county.
Sec. 10. That the “Act allowing and regulating writs of Former acts re- replevin," passed January 20, 18:24, and the “Act to amend
the act, entitled "An act allowing and regulating writs of replevin," passed February 22d, 1830, be, and the same are hereby repealed; saving all actions now pending, or a bich may be brought. prior to the taking effect of this act, which shall proceed and be prosecuted to final judgment, under the before mentioned acts,
This act shall take effect and he in force from and after the first day of June next.
JAMES M. BELL,
SAMUEL R. MILLER,
Speaker of the Senate. February 17, 1831.
AN ACT allowing and regulating wrils of attachment.
tor, or his attor. ney
Sec. 1. Be it enacted by the General Assembly of the State of Writ to issue up Ohio, That if any creditor, whether resident of the State of on oath of credi. Ohio or elsewhere, his agent or attorney, shall make oath or
affirmation in writing, before any proper authority, that his debtor hath absconded, to the injury of his creditors, or that such debtor is not a resident of the State, (as he verily believes,) and shall file the same with the clerk of the court of common
pleas, such clerk shall issue a writ of attachment, directed to the r sheriff or coroner, (as the case may require.) commanding him
to attach the lands, tenements, goods, chattels, rights, credits, moneys and effects of said debtor, wberesoever they may be found. and if any clerk shall issue sach writ without oath or affirmation, filed as aforesaid, such writ shall be quashed at his
costs: Provided, That no writ of attachment issued under the Proviso as to se provisions of this act, at the suit of any person who is not a curity for costs
freeholder, or a resident of the counti, shall be served by the said officer, unless the same shall be indorsed by some freeholder of thé county as security for costs.
Sec. 2. That the oficer having such writ, shall go to the Service of writ
place where the defendant's property may he found, and there, in the presence of two freeholders of the county, declare that by virtue of said writ, he attaches said property at the suit of such plaintiff: and the said officer, with the said freehold.
Proviso as tolien
ers, who shall be ander oath or affirmation, to be by him ad- Inventory and ministered, (and who shall for their services be allowed such appraise sum as the court may direct,) shall make a true inventory and appraisement of ail the property attached, which shall be signed by said ofbcer and freeholders, and returned with the writ, with the time when the same was served; and which, from the time of service, shall bind the property and the estate of the defendant so attached: Provided, That woere property shall be attached in the hand of a consignee, his lien thereon of consignee shall not be affected thereby.
Sec. 3. Tuat upon the return of said writ, the clerk who issued the same shall make out an advertisement, stating the made and pubnames of the parties, the time when, from what court, and for lished what sum, the writ issued, and deliver the same to the plaintiff or his attorney, on demand, who shall cause the same, within thirty days, to be inserted in one of the newspapers printed in this State, and nearest the place where the attachment issued, for six weeks successively; and if any plaintiff shall neglect to have such notice published, the attachment shall be dismissed with costs.
Sec. 4. That the property attached shall remain in the hands of the officer, unless tre garnishee, in whose possession Go
nel, whobe possos" give bond, OT it may be found, shall give bond to the officer, with two suffi- property to recient sureties, freeholders of the county, in double the ap- main wi praised value thereof, with condition that the same property, Condition or its appraised value in money, shall be forthcoming to answer the judgment of the court: Provided, That if it shall appear. to the court, that any part of said properly shall have been lost or destroyed, by unavoidable accident, they shall remit the value thereof to the person so bound.
Sec. 5. That if the plaintiff, or other credible person, shall make oath that he has good reason to, and does verily believe, against garnithat any person (naming him) has property (describing the sice; who failing same) in his possession, belonging to the defendant, and if the be officer cannot come at such property, he shall leave with such capias may be garnishee, or at bis usual place of residence, a copy of the writawaraca, anans
e or residence, a copy of the writ held 10 special of attachment, and affidavit, with a written notice, that he ap- ball pear in court, at the return of such writ; and the said garnishee shall altend accordingly, and answer, under oath or affirmation, all questions put to him touching the property and credits of the defendant in his possession, or within his knowledge; and from the day of such service, such garnishee shall stand liable to the plaintiff in attachment, to the amount of the property, moneys and credits in his hands, or due from bim to the said defendant: and if such garnishce do not appear in court as required, the court may proceed against him by attachment; or if the plaintill, or other credible person, shall make oath or affirmation, and file the same, that he has good reason to, and does verily believe, that the said garnishee will abscond, before judgment and execution can be had against
to appear, may be attached, or a