truth, the whole truth, and nothing but the truth; and that the deposition by him subscribed, was reduced to writing by (naming the person who did the same) and taken at the time and place in the notice specified. Signed, A B. Sec. 16. That the act entitled "an act to provide more ef fectually for taking of depositions, and to dispense with the making of full records of judgments in certain cases," passed February the 12th, 1828, be, and the same is hereby repealed.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 House of Representatives. Act repealed March 3, 1831. AN ACT providing the mode of perpetuating testimony in certain cases. 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 judges 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 county, 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 associate 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 within the office of the recorder of deeds, in the county where the land lies, if the deposition respects 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 so 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 which it may relate: Provided, That nothing in this act Proviso and effect Act repealed contained, shall be so construed as to prevent any and all legat ALLEN TRIMBLE, February 6, 1824. Speaker of the Senate. Goods wrongful. Precipe for writ property, and be AN ACT allowing and regulating writs of replevin. 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 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 accompanied writ of replevin; and shall therewith file an affidavit, stating with an affidavit that he has good right to the possession of the goods and chatWhat affidavit tels described in said precipe, and that they are wrongfully detained by the defendant, and that said goods and chattels were not taken in execution on any judgment against the said plaintiff, nor for the payrnent of any tax, fine or amercement, asseswithout affidavit sed against the said plaintiff: and any writ issued, without such to be quashed at affidavit, shall be quashed, at the costs of the clerk issuing the same, who, as well as the plaintiff, shall be, moreover, liable in damages, to the party injured. must contain Writ issued the cost of the clerk, &c. The command of the writ Officer may break open Sec. 2. That the writ shall be directed to the sheriff or coroner 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 anyhouse, stable, cut house or other building, in which such prohouse, &c. to re- perty is concealed, in order to replevy the same; having first made demand of such property, and of entrance into such builtrance being re- ding, and the same being refused. plevy property concealed, en. fused Property reple. 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 plaintiff till bond ven in double the value thereof Condition of the bond plevied as aforesaid, the plaintiff shall give bond to the defen- delivered to dant, with two or more responsible freeholders of the county, and security gi as securities, in double the value of the goods and chattels replevied; (which value shall be ascertained by the oath of two or more disinterested persons, whom the sheriff or other officer, shall swear truly to assess the value thereof,) conditioned that the plaintiff shall appear at the return term of the writ, and 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 aforesaid, 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 other officer, shall deliver any property so replevied to the Officer not com 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 or shall take insufficient security, he shall be liable to the defendant in damages. hours, property plying with the liable, etc. impanneled, or right of pos his damages; for Sec. 6. That on the return of every writ of replevin, When plaintif 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 suit, or become non-suit, or where judgment shall be ren- and finding the dered against the plaintiff on demurrer, or he shall otherwise right of property fail to prosecute his suit to final judgment, then, or in either session in defercase, the court sha!l, on application of the defendant or his at- dant, shall assess torney, impannel a jury to inquire into the right of property, which and costs, 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 defendant had the right of property in the goods and chattels, aid for defenor the right of possession only, at the commencement of suit; dant, shall assess 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. assess damages Sec. 8. That in all cases where the jury shall find for the fury Anding for plaintiff, on an issue joined, or on inquiry of damages upon a plaintiff, shall judgment by default, they shall assess a lequate 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. R viu bond, until execution Sec. 9. That no suit shall be instituted on the bond given No suit on reple by the plaintiff under the fourth section of this act, by the defendant or his representatives, until an execution shall have against plaintiff issued on the judgment in favor of the defendant in replevin; in which it shall be returned, that sufficient goods and chattels or real estate, whereon to levy and make the amount of the said judgment and costs, cannot be found in the county. returned "no goods," etc. pealed Sec. 10. That the "Act allowing and regulating writs of Former acts re replevin," passed January 2d, 1824, 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 which 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 be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. February 17, 1831. tor, or his attor ney of AN ACT allowing and regulating writs of attachment. 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 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, wheresoever they may be found: and if any clerk shall issue such 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 freeholder, or a resident of the county, shall be served by the said officer, unless the same shall be indorsed by some freeholder of the county as security for costs. Command writ curity for costs Service of writ Sec. 2. That the officer having such writ, shall go to the place where the defendant's property may be 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 ers, who shall be under oath or affirmation, to be by him ad- Inventory and ministered, (and who shall for their services be allowed such appraisement sum as the court may direct,) shall make a true inventory and appraisement of a the property attached, which shall be signed by said officer 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 where property shall be attached in the hand of a consignee, his lien thereon of consignee shall not be affected thereby. Proviso as tolien Notice, how Sec. 3. That upon the return of said writ, the clerk who issued the same shall make out an advertisement, stating the made and pub names 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. от main with she Sec. 4. That the property attached shall remain in the Garnishee to hands of the officer, unless the garnishee, in whose possession give bond, it may be found, shall give bond to the officer, with two suth- property to re cient suretics, freeholders of the county, in double the ap- riff 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 property shall have been lost or destroyed, by unavoidable accident, they shall remit the value thereof to the person so bound. Proviso garni to appear, may awarded, and he Sec. 5. That if the plaintiff, or other credible person, shall Proceedings make oath that he has good reason to, and does verily believe, against that any person (naming him) has property (describing the shee; who failing same) in his possession, belonging to the defendant, and if the be attached, or a officer cannot come at such property, he shall leave with such eaplas may be garnishee, or at his usual place of residence, a copy of the writ held to special of attachment, and affidavit, with a written notice, that he ap- balt pear in court, at the return of such writ; and the said garnishee shall attend 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 duc from him to the said defendant: and if such garnishee do not appear in court as required, the court may proceed against him by attachment; or if the plaintiff, 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 |