Provise ration manner it is authorised to proceed in other cases of default: Provided, That the court, at the return term of such writ of attachment or at any subsequent term, during the pendency of the suit, where, in consequence of complicated accounts of the plaintiff or other creditors applying as aforesaid, it shall be necessary, may appoint three discreet and disinterested persons to audit and adjust such accounts and report thereon, upon which report judgment may be rendered, unless on motion the same shall be set aside. Sec. 2. BE it further enacted, That every Creditors to file a decla plaintiff, in attachment, and also every bona fide creditor of the defendant, applying as aforesaid, shall file a sufficient declaration or declarations, de bene esse, setting forth, in a proper manner, the cause or causes of action which such plaintiff or creditor may have against such defendant; and the defendant himself, or any one for him, may traverse may appear, either before said court, or auditors the action &c or jury, and introduce evidence, or otherwise resist the claim or demand of the plaintiff or Defendant other creditor, as aforesaid, as in other cases of default, and shall have the same right to appeal, may also ap or move in arrest of judgment, or move to set peal aside the proceeding for any alleged irregularity therein. Defendant to be three times called Proviso Sec. 3. Be it further enacted, That at the return term of the court to which such writ of attachment may be returnable, and at the two next succeeding terms thereof, the plaintiff shall cause the defendant or defendants in attachment to be three times called and defaulted, and each default entered on the minute book of the court, and no final judgment shall in any case be rendered against such defendant or defendants, until he or they shall have been called and defaulted, as aforesaid: Provided nevertheless, That it shall be competent for such defendant or defendants in attachment, at either of said three terms, or at any time before the finding of a verdict, or the examination and adjustment of auditors, or the hearing and examination of the judges in the premises, to file special bail and plead, or to plead in custody, to any or all the declarations which may have been filed, de bene esse, against him, her or them; and from the time of filing such special bail, or pleading in custody, the operation of such attachment shall cease, to all intents and purposes, in respect to the plaintiff or plaintiffs whose declaration or declarations may have been pleaded to as aforesaid: Pro- Further pro vided also, That if any defendant or defendants VISO in attachment shall elect to have the property attached remain in custody, such defendant or defendants may, within the time before specified, plead to such declaration or declarations as may have been filed against him, her or them, as aforesaid, without entering special bail or pleading in custody. in place of Sec. 4. BE it further enacted, That the se- Court autho veral powers granted and duties enjoined by rised to act the act, to which this is an amendment, upon auditors the auditors, (by the said act directed in all cases to be appointed) may severally be exercised by the court, in which any suit, hereafter instituted under the provisions of said act or of this act, may be pending, or by the proper ministerial officer or officers thereof, if such court do not deem it proper to appoint such auditors; or if such court should deem it most consonant to the principles of justice and to the rights of an absent party, such court may, by its order or orders, entered of record, restrict the auditors to the exercise of such power only as may seem to them proper; and, in all cases, the report of auditors shall be subject to be rejected and set U Power of au ditors may be restricted Proceedings before J. P. on attach ment how regulated In what case a writ of at tachment aside on motion and good cause shewn; and the said auditors shall be subject to be displaced by the court and others appointed in their stead, and proper instructions may at any time, on motion, be given them by the court as to any point of law touching the premises. Sec. 5. BE it further enacted, That in all cases of summary trial of the right of property attached, under the provisions of the seventh section of the act to which this is an amendment, or of the fifth section of the aet, entitled 'An act regulating and allowing writs of attachment,' before justices of the peace, where the triers shall find the property of right to belong to the claimant or claimants, the cost of such trial shall be taxed by the court or justice of the peace, as the case may be, and paid by the plaintiff or plaintiffs in attachment. Sec. 6. BE it further enacted, That no writ of attachment, issued under the provisions of the act to which this is an amendment, shall be may issue sustained, nor shall any declaration be filed in any such suit, except for cases arising out of, founded upon, or sounding in contract, any former construction of said act to the contrary notwithstanding. clause Sec. 7. And be it further enacted, That the Repealing eighth, fourteenth, twenty-first, twenty-third and twenty-fourth sections of the act to which this is an amendment, and all laws and parts of laws coming within the purview of this act, be, and they are hereby repealed. This act to take effect and be in force from and after the first day of May next. JOHN POLLOCK, Speaker of the house of representatives. January 28, 1813. Speaker of the senate. CHAPTER XXVIH. An act providing for the vacating of town plats, and for other purposes. of com. pleas Sec. 1. BE it enacted by the general assem- Power and bly of the state of Ohio, That the courts of dutyofcourts common pleas are hereby authorised and empowered, on application made by the proprietor or proprietors of any town within their proper county, to alter or vacate the same, or any part thereof. Sec. 2. Be it further enacted, That if any Notice, how proprietor or proprietors of a town shall be de- to be given sirous of altering or vacating the same, or any part thereof, such proprietor or proprietors shall give notice, in writing, of such intended application, in at least two places in the county wherein such town may be situated, one to be set up in the most public place in said town and one on the court house door of said county, and insert a copy of the same in a newspaper, printed or in circulation in said county, at least sixty days prior to the sitting of the court to which he, she or they intend to make such application. Sec. 3. Be it further enacted, That if such Proceedings applicant or applicants shall produce to said on due proof court satisfactory evidence that the notice, re- of notice be quired by the preceding section of this act, has ing given been given, and that all persons owning any lot or part thereof in said town, have agreed that the whole or a part thereof shall be altered or vacated, the court shall proceed to alter or vacate said town or any part thereof, and order their proceedings therein to be recorded by their clerk with the records of said court: Provided, That the vacating of any town plat or Clerk's duty, &c. any part of a town plat shall not vacate any part of a state or county road. Sec. 4. And be it further enacted, That the clerk of the said court shall give to the appli cant a certified copy of such record, for which he shall be entitled to receive the sum of fifty cents, and it shall be the duty of such applicant to have such certificate recorded by the recorder of the county, within three months thereafter. MATTHIAS CORWIN, Speaker of the house of representatives.. THOMAS KIRKER, December 21, 1811. Court of C. P. to appoint inspectors point depu ties CHAPTER XXIX. An act for the inspection of certain articles therein enumerated. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the judges of the court of common pleas of the several counties in this state shall, at their first or any subsequent session next after the first day of June. who may ap next, appoint an inspector, resident in the county, who shall have power and authority to appoint as many deputies or packers, to pack and inspect under him, as the nature of the case may require, for whose conduct he shall be accountable; and before any inspector, deputy inspector or packer, shall enter upon the duties of his office, he shall take an oath or affirmation To take oath faithfully and impartially to execute the duties & give bond annexed to his office; and the inspector shall |
