The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1851-03-03
Laws OF OHIO.
By AuEAoRITY.
AN ACT

| To amend The act entitled "An Act to regulate
/ the practice of the Judicial Courts"
SEC. 1. Be il enacted by the General Assem-
bly Of the State Of Ohio, That in any suit now
pending, or which may hereafter be instituted
against any bank, or against any stockholder,
shareholder, officer, or agent of any bank,
whether authorized or unauthorized by law,
and whether the charter of such bank, in case
such bank were ever incorporated, has expired
! or not, upon the bank bills OF notes of such
bank, authorized or unauthorized, it shall not be
required, fol the sufficiency Of the pleadings in
such actions, 4 at the plaintiff declaration shall
contain a separate count on each bank bill or
note but such bank bills or notes may be given
in evidence under any count of the declaration
containing the allegation that the plaintiff is
the holder Of supdry bank bills OF notes. issued
by such bank. amounting, in the whole to a
certain sum named in the declafation, without
setting forth the date, denomination, or name OF
the payees and other particulars the contents
| of such bills or notes, or Of any of them and
such bank bills or notes may also be given in
evidence under the common counts, in the ac-
lion of debt and assumpsit
SEC. 2. And in CASE the defendant or defend.
ants, in aEy such action, shall require of the
plaintiff bill of the particulars Of his demand,
or a CODY of the bills, notes or papers, which
The plaintiff designs to offer in evidence, itshall
be sufficient for the plaintiff, in order to entitle
him to give such bills or notes in evidence,
t, furnish the defendant or defendants, or 10 file
in the cause in tourt, writing setting forth
the amount of such bills or notes, of each de-
nomination held by him, without giving a copy
of each Of such bills or nItes, or amy further
particulars th,reof. Provided; that any de-
fendant or defendants in any such action, may
at any time Before or after the filing Of the
declaration, apply to the Court in which the
action is pending, or to the President Judge
thereof, for an order requiring the plaintiff CT
plaintiffs to produce before the Clerk of the
Court at his Cffce at such time as the court OF
judge may direct for the inspection by the de-
fendant or defendants, or any Of them, of all
the bills or notes upon which the plaintiff OF
p aintiff seek to recover, and in case such
plaintiff or plaintiffs shall refuse to comply
with such order, upon being duly notifed
thereof, he or they shall be precluded frem re-
covering in such action upon all bills or notes
not produced in pursuance Of such order
provided, however, that the court or Judge may,
upon good cause shown, extend the time or ap-
point another suitable time for such inspection
of said bills or notes efore the clerk, where
the plaintiff or plaintiffs have been prevented
from compliance with such order as first
made.
SEC. 8. That any person residing in the State
CT Ohio, or any corporation or body polite
created by the laws tn, ,reof, having any claim
or demand against any corporation or body po-
litc, enacted by the laws of any other State
or Territory of the United States, may COM
mence suit at law, or file bill in chaneery,
before any court in the State of Ohio, having
jurisdiction of such claim or demand for the
recovery thereof against such foreign corpora.
ton or body polite. a
SEC. 4. BE it further enacted, That such suit
may lie commenced before the proper court in
any county OF this State, where service of a writ
of summons. in any action at law, or a subpe-
ma in chancery, can be served on the President
or otter chief officer, or any clerk SECRETARY
treasurer, director, or agen. Of such foreign cor
poration or body polite; and the return oil such
summons or subpoena by the shrrif Of such
county, served" on such President, chief
officer, clerk, secretary, treasurer, director oI
agent, shall be held to be good service and
thereupon S. id foreign corporation sh Ill be con-
sdered 10 be in court, and may be prosecuted
TO final judgment or decree and execution, as
on the like return Of process against natural
| persons. j5
~ JOHN F. MORSE,
Speaker Of the HOUSE, Of Representatives..
CHARLES c. CONVERS.
Speaker Of the Senate,
January 25, 1851.