The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

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cntously scrupulous oftakng n oath, shall have
the same effect
Sec. jJ1. The time within Vhich an act IL IN
be done, as heDin provided, shall be competed
by excluding the first day and including the Iast
! II the last day be Sunday, II shall be excluded.
. Scc. 597. Sect on three hundred and seventy.
sik shall not be construed 10 impair the right of
party to Jury, II he appear 1t the trial by
himself or attorney, and demand the same
Sec. JJJ. The ministerial officer, whose duty
Il ~ TO take security IN any undertaking Prov.
dcd for by this code, shall have the right 10 re-.
quire the person offered Us surety, to make an
affidavit of his qualifications, which affidavit ns
bo made before such officer The t1king Of such
an affidavit shall moi exempt the officer from an
liability, to which he might otherwise be sub.
ject, for taking insufficient security.
Sec. GOO The surety IN every undertaking
provided for by this code, must be resident Of
this State, and worth double the sum u be se.
cured, beyond the amount Of his debts, and have
property liable 10 execution in this State, equal
to the sum TO be sccurcd. Where there are two
or rlorc suretics in the same undertaking, they
must in The aggregate. have tie qualifications
prescribed in this section.
Sec. GOl Tho Judges Of the supreme court
shall, during the month tho first January fter
this code shall take effect, and every two years
thereafter, meet at the capitol Of the State and
revise their general rnles,and make such amend.
ments thereto as may be necessary to carry into
effect the provisions Of this codc aud they shall
make such further rules consistent tht rev ith, as
they may deem proper. The rules so made shall
apply to the supreme court the district courts,
aud the courts OF common pleas.
CHAPTERV.
Provisions Respecting Existing Actions.
Sec. 6U2 The provisions of this code do not
apply to proceedings in actions, or suits pending
when il takes effect. They shall be conducted TO
final judgement, or decree, 10 all respects, ss il
IL had not been adopted: but the provisions Of
this code shall upply after judgement, order,
decree heretofore, hereu ftcr rendered. to the
proceedings to enforce, vacate, modify,or reverse
it, except as provided in section FIVE hundred
and thirty three.
CHApTERyI.
Provisions rs 10 the Operation of the Code.
SEC. 6t3. kiphts Of civil action givcn,or secur.
ed by existing laws, shall be prosecuted in the
manner provided by this code, except as provi
dcd 10 section six hundred and four. II a case
ever arise, IN which an action for the enforce.
ment or protection Of right, or the redress or
preycntioD Cfa wrong, cannot be had under this
code, the practice heretofore in nny lie adop.
ted, 80 far us may be necessary TO prevent fail.
ure of justice.
See COL. Until the legislature shall otherwise
provide, this code shall not afect proceedings on
habeas corpus, quo warranto. or Il assess dana.
ges for private property taken for public uses;
nor proceedings under the statutes for the settle
ment Of estates of deceased persons;nor proceed
ings under satutcs relating to dover, divorce, or
amony ;or t. stabIisb, set aside wll;nor pro.
ceedings under statutes relating to apprt ntices,
arbitration, bastardy, insolvent debtors; nor any
special statutory remedy not heretofore obtained
by action; but uclrproccedngs may be prosecu.
ted under the code, whenever IT is applicable.
L.. ...t.tn n.t... 10
gal or equitable, is given, and the mode Of pro-
cceding therein is prescribed, this code shall not
affect The proceedings under such statute, until
the l. gslature shall otherwise provide; but the
parties may. il they see fit, proceed under this
act: and in oil such cases, as far as it may be
consistent with the statute giving such action
and practicable under this code, the proceedings
shall be conducted in con nlornuy thereto. Where
the statute designatcs by name or otherwise, the
kind Of action, but does not prescribe the mode
Of proceeding therein, such action shall he COM
menced and prosecuted in conformity to this
CODE where the statute gives an action but does
not designate the kind OF an action. or prescribe
the mode Of proceeding therein, such action shall
be held to be the civil action Of this code, and
proceeded III accordingly
TITLE Xxx.
Acls Repeaed and oiher Provisions.
See. COG The following acts and parts Of acts
are hereby repealed:
An uct allowing and regulating wrts OF at
tuchmcnt passed January II, lo2l.
An act pointing cut the manner in which suits
may be prosecuted on the bonds Of executors, ad-
ministrators and officers, passed February 2t
1916.
An act to provide ior the taxing oi dcpositiohs'
passed March 3, 1881.
An act to amend an act entitled AN act to
provide lor inc taklHg oi depos'''ohs' Passeu
February "a, 1884.
An act to amend an act entitled IAN act dis,
pensng with proof in cctain cases., passed
March Q, 1889.
An act dispensing WIN proof IN cettaih Cases.
passed December 10, 1913.
An act providing the mode OF perpetuating
testimony in certain cases, passed February D.
1924.
Section VII, Of an act to regulate the taxation
and collection OF costs, passed March y 1859
An act regulating Judgement and extcu'
tions, passed March /, le3i.
An act to amend an act entitled ian act regu,
lating judgements and executions" passed April
., 1887.
An act to abolish imprisonment for debt, pas
scd March l9, 1888.
An act amendatory oi an act entitled ian act
to abolish Imprisonment for debit passed March
10, 1889.
The first seven sections of an act concerning
mesne process in civil and criminal cases. passed
F.hruury 10. 1881.