Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1851-05-01

CHARLES C. CoNvERs,
Speaker of the Senate.
March "a, 1851.
AN ACT
To amend the act entitled ian act 10 amend
the act TO regulate the practice Of the Judi
cial Courts" passed Feb. %, l84S, also, 10
amend the act passed March 81, 1850. in
amendment of the practice Of the Judicial
| Courts
Sec!1. Be it enacted By the General
Assembly Of The State of Ohio, That
the record required to be kept. by the
first section of said act, passed Feb. 95,
1848, may be keptin docket provided
for that purpose, and all such dockeis
and record books which have been, or
shall be hereafter used and devoted TO
the recording of such levies and returns,
shall be taken and considered as parts
of the execution dockets designated by
the first section of said act.
Sec. 2 Whenever any officer shall
make sale of any real estate by virtue of
any execution or order Of sale, il is
hereby made his duty TO tax and collect,
as increase costs for the clerk, the COM
pensaiion provided for in the second
section of said act.
Sec. 8. The respective clerks of the
court Of common pleas, superior court
of Cincinnati, commercial court Of Gin
ciDnati and supreme court OF Cleveland,
shall, in making returns to writs of er-
ror, or of certiorari, send up to the su.
preme court the original files, process,
pleadings and exceptions, and duly Ger
tilted transcripts Of all journal entries
of the proceedings and judgment OF
their respective courts in the particular
case named in the writ; Provided, that
said clerk shall omit from such return,
all such parts of said files and other
papers and documents. in any such case,
as he may be instructed so to do, by
the direction, in writing, of both parties
TO such suit, TO be filed in the Office of
such clerk, and copy Of which written
directions shall be annexed to and certi-
fed with such return.
Sec. 4. That when any person appoin
ted by any court as an appraiser of the
lands of any deceased person, shall die,
remove from the county, or in any 9TH
er manner become disabled from acting
as such appraiser. any Justice Of the
Peace in the county where such lands
or personal estate may be situated, shall
have power to fill such vacancy, and
the person SO appointed shall take an
oath, as in other cases, before entering
upon the duties Of said appointment.
Sec. 5. The second section OF an act
in amendment of the practice of the
judicial courts, passsd March FL, 1850,
is hereby repealed.
JOHN p. MORSE,
Speaker Of the House of Representatives.
CHARLES C. coNvERs,
Speaker of tie Senate.
To amend the act directing the mode OF pro-
ceeding in Chs ncerT.
Sec. /. Be il enacted By the General
Assembly of the State of Ohio, That
when petition for review shall be filed
in the Supreme Court, any Judge of said
Court is authorized, in vacation. and
upon good cause, to stay proceedings on
the former decree until the next term of
the court, where such proceedings are
pending, in which case such judge shall
direct the nature and amount of security
to be given by the party applying for
such stay.
Sec. 2. That when such petition shall
be fled in the Common Pleas, the Pres
ident Judge of such Court is author
lied to exercise the same power, on the
same terms.
JOHN r. MORSE,
Speaker Of the House of Represen tatives.
CHARLES C. CoNyBRs,
Speaker Of the Senate
March ls, 1851.
AN ACT i
To amend the act entitled An act 70 rertllate