The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

Sec l. This Act shall be known as the Code
OF Civil Procedure of tho State of Ohio.
See 2 The rule Of the common law, that
statutes in derogaton thereof are to be strictly
construed, has no application to this code. Its
provisions, aud all proceedings under il, shall be
literally construed, with a view TO prUmo,o its
object, and assist the parties in obtaining justice
TITLE
Form of Civil Actions.
Sec. J. The distinction between actions at
law and suits in equity, and tn forms of all such
actions and SUITS heretofore existing, arc abolish
ed; and in their place, there shall be, hereafter,
but one fern Of action, which shall be called
civil action.
Sec d. In such action, the party complain.
ing, shall be known as the plaintiff, aud the ud.
verse party as the defendant.
See. 5. There be no feigncd issues; but
a question Of fact, not put in issue by the plead.
ing, may be trod by jury, upon an order for
the trial, stating distinctly 4 plainly the qucs.
tion OF fact to be tried and such order is the
only authority necessary for trial.
TITLE II.
Time of commencing Civil Actions.
CHATTER l. Actions irgencral.
2 Actions for the recovery oil real
property.
3. Actions other than for the recovery
OF real property.
4. General provisions.
CHAPTER l.
Actions in General.
Sec g. This title shall not apply to actions
already commenced, or TO cases where the right
of action has already accrued; but the statutes
now in force shall be applicable to such cases,
according to the sub lect oil the action ana with
out regard TO the form; nor shall this title apply
IN the case OF a continuing and subslstlng trust,
.Ina nG Il mr. u -,
possession thereof, to obtain conveyance OF il.
Sec. 7. The act entitled. "an act for the limi.
tation Of actions" passed February eighteenth
one thousand eight hundred and thirty-one; the
one hundred and siXtcth section oi IAN act to
provide for the settlement of the eftates oi dc
ceased PERSONS" passed March twenty.third
one thousand eight hundred and iortyi and tn,
second Jon OF "an act to give additional secu
rity to land titles in this State, passed Marcl
twenty. second, one thousand eight hundred un'
forty y-nne, are hereby repealed.
Sec 3. Civil actions can only he commenced
within the periods prescribed in this title, aft e
the cause OF actio shall have accrued, but where
in special cases. II different limiiu tion is prcscri
bed by statute, the action may be commenced
accordingly.
Action for the recovery of Real Property.
Sec. g. An action for the recovery Of th,
title or possession OF lands, tencmcnts, or he
Tcditn mcnts, can only be brought within twenty
one years after the cause OF such action shal
have accrued.
Sec. 10. IL Il person entitled to commcnc,
any action for the recovery oi the title or pos
session Of any lands, tenemont', or hcredta
ments be at the time his right or title shall first
descend, or accrue, within the age OF twenty
one years, u married woman, Insane, or inipris
onod, every such person may, alter the cSpira
ton of twenty. one years from the time his right
or title first Gcscended, or accrued, bring such
action within ten years after such disability il
removed, and at no time thereafter.
See. IL. An action for the forcible entry X
detention, or forciblc detention only, OF real
PROPERTY can only be brought within two years
after the cause uf such action shall have ac
crued.
CHPTER H.
Actions other than for the recovery OF Rea
Property.
Sec. IL. Civil actions other than FOR the re
ccvcry OF real property, can only be brongh
within the following periods after the cause u
action shall have accrued.
Sec. 10. Within fifteen years:
An action upon speciality, or any agreement
contract, or promise in writing.
Sec. u. Within six years:
An action upon a contract not in writing, ex
press or implied.
An action upon liability created by statute
other than forfeiture or penalty.
Sec. IS. Within four years:
An action for trCrptss upon real property
An action for taking, detaining, or I'M iuring
personal property, including actions for The
specific recovery OF personal property.
An action for an injury to the rights OF the
plaintiff not arising on contract and not here
matter enumerated.
An action for relief Oh the ground Of fraud
the cause Of acton in such shall not be
deemed to have accrued, until the discovery o
the fraud.
Sec l6. within year:
An action for libel, sandcr, assault, battery,
malicious persecution, or false imprisonment.
naction upon n statute for penalty or for.
fciture; but where the statute giving such nc-
ton, prescribcs different Limitation, the action
may be brought within tho period so limited.
See. II. An action upon the official bond or
undertaking of an executor, administrator, guar.
dian, sheriff, or any other officer; or upon the
bond OF undertaking given in attachment, in.
junction, arrest, or in any case whatever required
by statute, can only be brought within ton years
after the cause OF action shall have accrued;
but this section shall be subec to the qualihCa'
ton in section eight.
Sec Is An action for relief, not hcreinbe
fore provided for, can only be brongh within ten
years after the cause OF action shall have nc.
crued.
Sec. 10. Ifa person, entitled to bring any
action mentioned in this chapter, except for
penalty, or forfeiture, be, ut tho time the cause
Of action accrued, within the age of twenty .onC
years, married woman, insane, or imprisoned
every such person shall be entitled TO bring such
action within tho respective times limited by
this chapter, after such disability shull DO re
moved.
CHAPTER w.
General provisions.
Sec 30 An action shall be deemed com
menced within the meaning OF this title, rs tC
each defendant, at the date OF tho summon,
which is served on him, or on co.deiondant
who is a joiut contractor, or otherwise united il
interest wiih HIM where service by publication
IL proper, the action shall be deemed commen
ced at the date OF the first publication, whicl
publication must DO regularly made.
An attempt TO commence an action shall b,
deemed equivalent TO the commencement there
OF, within the meaning OF this title when ih
party faithfully, properly and diligently, en-
denvors to procure a service; but such attemp
must be followed by service within sixty days
Sec. 81. II, when u cause OF action accrue
against person, he be out OF the State, or hav
absconded, or concealed himself, the period limit
I'D for the commencement OF the action shall no