The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
LAWS OF OHIO.
Published by Authority.
AN ACT
AN ACT
To establish Code of Civil rrocodur

AN All
To establish u Code of Civil Procedure.
[coNcIupEp.l
day for preparation, exclusive Of Sundays and
the day of service, and the examination may, IL
50 stated in the notice, be adjourned from day TO
day.
Sec. 3i5. When the party against whom the
deposition is ~ DC read, is absent from or nom
resident Of the state, and has no agent, or utur.
ney of record therein, he may be notified oi the
taking OF the deposition BY publication. The
publication must be made three consecutive
weeks, in some newspaper printed in the county
where the action or proceeding is pending, IL
there be any printed is such county; aud ililot, in
sumo newspaper printed in this state, OF general
circulation in that coun'y. The publication must
contain all that is required in written notice,
aud may be proved in the manner prescribed III
section seventy three.
sec. 3lb. The deposition shall be written IN
the presence o the officer taking the same, either
by the officer the witness, or some disintcresttd
person, and subscribed by the witness.
Sec. 341. The deposition so taken shall be
scoled up aud endorsed wi h the title oil the
aud the name OF the officer taking the same, aud
by him addressed and transmitted TO the clerk OF
the court where the action or proceeding is pend.
ing. IL sholl remain III der seal until opened by
the clerk or by order vi the couro ct he request
ofa party TO the action or proceeding, or his at.
torney.
article, shall be admitted in evidence OIL the trial
of any civil action proceeding pending before
any justice ofthe peace, mayor. or other Judi
cial officer of city, or town corporate or before
any arbitrators or referees, aud such dopositions
shall be S .aled up, endorsed with the title oil
the action or proceeding, the name of the officer
taking the same, and addressed and transmitted
BY such officer to such justice, mayor, or other
judcia officer, arbitrator, or referees
Sec. 349 When deposition has been once
taken, il may be read in aly Stage ol the same
action or proceeding, or in any other action or
proceeding upon the same matter between the
same parties, subject however to all such cx.
ceptions as may be taken thereto uuder the pro-
visions Ui this title.
Sec $40. Dispositions taken pursuant to this
article, Ivy any judicial or other officer herein an
thoriZed TO take deposltious, having seal % oi'
flee. whether resident in this State or elsewhere
shall be admitted in evidence upon the certih
cate aud signature Of such oilicer, under the sea
of the court Of which he is a. officer, or his OIL
cia seal and no other or further act OF authenti
:aton shall he required, If the officer taking
the same have no official seal, the deposition, !
not taken in this State, shall be ccrlihed unt
signed by such officer, aud shall be further au
th. .nticated, either by parol proof ndduced II
court, or by the official certificate aud seal ol any
secretary or other officer Of State Keeping thu
great seal thereof or of the clerk or prolhonoth
ry otany court havinga seal, attrs'ins that sucf
judicial or other officer was Mt the tlnc oi In
king the same within the meaning OF this chnp'
ter authorized to take the same. liut II the dep
ositon b. taken within this State by an oiilteI
having no seal, or within or without ms state
under special commission; il shall be sufficient
" authenticated by the official signature of the
officer or commissioner taking the same.
Sec. 3jl. The officer taking the deposition
shall annex thereto certificate showing the fol-
lowing facts
That the witGe.s wns first sworn to testify the
truth, the whole truth aul nothing but the
truth:
That the deposition reduced to writing
By some proper person (naming hinil
That the deposition was written aud subscri
bed in the presence OF the officer certifying there
to:
That the deposition was taken at the time and
place specified IN the notice:
sec. 352 When deposition Is offered to be
read in evidence, it must appear to The salisinc'
ton OF the court that for any cause speciiied III
section three hundred aud thirty-eight, tho at
tendance of the witness cannot be procured.
Sec 1853. Every deposition intended TO be
read in evidence on the trial, must be filed al
least one day before The day OF trial.
Sec ga The following Tees shall lie allowed
for taking ;poslioms in this State, viz: swear
ing each witness, four cents, for each snbphG-
ma, attachment. or order OF commitment, fifty
cents; for each hundred words contained in
such deposition aud certificate ten cents and no
more: and such officer may retain the same un-
ill such fees are paid Such officer shall also tnk
the costs Of the sheriff or other officer who shall
serve the process aforesaid and fees of the wit
ncsses and mny also, il directed by the pers"ns
entitled thereto retain such dcpositlons until the
said fees are D.lH.