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

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

Sec 30. An action shall be deemed COM
menced within the meaning oi this title, as to
each defendant, at the date OF tho summons
which is served on him, or ON u codetondant
who il a iuiut contractor, or otherwise united in
interest " iih him: where service by publication
IN proper, tho action shall be deemed conmen.
eed at the date OF the first publication, which
publication must DO regularly made.
An attempt to commence an action shall be
deemed equivalent to the commencement there.
Of. within the meaning Of this title when the
marty faithfully, properly and diligently, en-.
deayors TO procure a service: but such attempt
must be followed by service within sixty days.
Sec. 81. H. when cause OF action accfues
AGAINST n person, he be out OF the State, or haye
nbsconded, or concealed himself, the period limit.
al for the commence cement of the action shall not
beyin 10 ran, until he comes Into the State, or
while he is so absconded or concealed; aud IL af.
ter In. cause Of action accrues, lie depart from
the State, or abscond or conceal hImsclf The
time Of his absence or concealnent shall not be
computed as any part OF The period within which
the action must bo brought.
Sec. ~ Where the cause Of action has aris.
o, IN another State or country between non.resi.
d.ais of this State. and by the laws Oft the State
N .ountry where the cause Of action arose, an
..tion cannot be maintained thereon by reason
~ I.pse of time, action can be maintained
theroon Ia this state.
Sec. 70. III an action be commenced within
dne time. & aiudgment therein for the plaintiff
hs ,s.eryed, or II the plaintiff fail in such action
Otherwise than upon the merits, and the lime
I;mi,e dfor the same shall have expired. the plain
,iff. on II he die sndthe cause ofact'on survive,
h;. representauVos nay commence new action,
within, one year after such reversal OF failure
Sec. "a II any case founded on contract
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
LAWS OF OHIO.
AN ACT
Published by Authority.

To establish Code OF Civil Procedure.
Be IL enacted by the General Assembly OF The
State of Ohio, as follows:
Preliminary Provisions.
Sec. I This Act shall be known as the Code
OF Civil Procedure Of the State of Ohio.
Sec. 2. The rule Of the common law, that
statutes in derogatIon thereof, are to be strictly
construed, has no application to this code It's
provisions, aud all proceedings under il, shall be
literally. construed, with view TO promote It's
object, and assist the parties in obtaining justice
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

ted in section oighty.seven, do not appear upon
the face of the petition, the objection may be
taken by answer; and if no objection be taken
either by demurrer or answer, the dolcndan
shall be deemed to have waived the same, except
only the objection to the jurisdiction OF the court
& that the petition does not stat facts sufficient
to constitute n cause Of action.
See. 30. When demurrer is sustained on
the ground of misjoindcr of several causes OF
action, tho court, motion Of the plaintiff shu II
allow him, with or without costs in lis discretion,
to file several petitions, cach including such oi
said causes Of action Us might have been jencd
petitions, aud the same shall be proceeded in
without further service.
See. 81. The defendant may dcmur TO one
or more Of the several causes of action stated in
the petition, and answe as TO the residue.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
TITLE VI.
Joinder of Actions.

Sec. 60. The plaintiff may unite several caus
es OF acton in the same petition, whether they
be such as have heretofore been denominated lie.
gal or equitable or both, when they are included
in either ore of the following classes:
|. The same Transactions; or transact ons
connected with the same subject of action:
=. Contracts, express or implied:
3. Injuries, with or without force, to person
and property, or either:
4, Injuries to ch6ructer'
5. Claims to recover the possession Of person.
al property. with or without damages for the
Withholding thereof
g. Claims 10 recover real property, with OF
without damages for the Withholding thereof
and the rents and profits of the same:
I. Claims against II trustee, by virtue of u
contract or 0y operation of law.
Sec. 81. The causes OF action so united,
must affect all the parties to tho action, and not
require different places Of trial.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

when any part of the principal or interest shall
have been paid, or an acknowledge Of an
existing liability, debt, claim, or any promise
to pay The same, shall have been made, an action
may be brought on such case within the period
prescribed for The same, after such payment az
Acknowledgement or promise but such acknowl.
edgment or promise must be in writing, signed
by the party to be charged thereby.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
TITLE [.
Form of Civil Actinns

Sec. }. The distinction between actions at
law and suits in equity, and tn forms Of all such
actions and SUITS heretofore existing, are abolish.
ed; and in their place, there shall be, htrea tcr,
but one fern Of action, which shall be called u
civil action.
Sec a. In such action, the party complain.
ing, shall be known the plaintiff, and the ad.
verse party as the defendant.
See. s. There can be no feigned issues; but
question Of fact, not put in issue by the plead
ing, may he triod by jury, upon an order for
the trial, stating, distinctly & plainly, the qucs
tion of fact to be tried, and such order is the
only authority necessary for a trial.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
Arrest and bail.

arrested before and after judgment, in the manner
precribed by this code, and not otherwise; but this
provision does not apply 10 proceedings Tor conempti
does it apply 10 actions judgments prosecuted
in the name oil the State OF Ohio, fines
penalties for crimes misdemeanors, or offences.
Sec. l46. An order for the urrest OF the defend
ant shall be made by the clerk OF the court in which
the action is brought, when there is iilcd In his Of
lice affidavit of the plaintiff his authorized agent
attorney, made before any judge ot any court OF
the State, or clerk thereof, or Justice OF the peace
stating the of the plaintiffs claim, that il is
just, and the amount thereof, as nearly as may be,
and establishing one or more OF the following par
uculars:
remove any of his property out Of the jurisdiction OF
the court, with intent 10 defraud his creditors:
2 That he has begun to convert his property, or
part thereof into money, Tor the purpose OF plac-
ing il beyond the reach of his creditors:
g. That he has property, or rights o action, which
he iraudulently conceals:
4. That be has assigned removed, or disposed of,
or has begun TO dispose Of his property or part
thereof with intent TO defraud his creditors;
s. That he irauduleniy contracted the debt, or
incurred the obligation, for which suit is about to be-
or has been brought:
The affidavit shall also contain statement of the
facts claimed justify the belief in the existence OF
one OF more OF the above particulars
Sec. l47 The order OF aIrest shall not be issued
by the clerk, unit there has been executed, by
or more sufficient surees OF the plaintiff, written
undertaking. to the effect that the plaintiff shall pay
TO the defendant all damages, winch he may sustain,
by reason OF the arrest, il the order be wronguly
obtained, not exceeding double the amount oi the
plaintiffs claim stated in the affidavit.
Sec liS. The order may be made to accompany
the summons, or at any time afterwards, before
judgment.
and delivered, with copy OF the affidavit To the
sheriff. The order shall state the names OF the
parties the court in which the notion is brought and
the aInounto of the plaintiff 3 Claim specified in the
affidavit, and shall require the sheriff to arrest the
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
CHAPTER III.
Demurrer.

Sec. ST. The defendant may demur TO the ne.
tition only when II appears on its face. either
l. That the court has 40 jurisdiction of the
person Of the defendant, or the subject of the ac.
ton:
.. That the plaintiff has not legal capacity
to sue;
3. That there is another action pending be.
tween the same parties for the same cause:
Z. That thcreis defect of parties, plaintiff II or
defendant:
5. That several causes Of action are improp.
ery joined;
.. That the petition does not state facts suf.
hcient to constitute cause Of action.
Sec. es. The demurrer shall specify distinct.
ly the grounds of objection to the petition. I'm.
less il do so, il shall be regarded as obieeting
only, that tho petition does not state facts sui
hcient to constitute a cause of action
Sec. So When any Of the defects enumeYa.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
CHAPTER III.
The Petition.

See, S. The petition must contain,
l. The name of the court and the county in
which the action is brought and the names of
the parties. plaintiff and defendant, followed by
the word "Peiition:"
. A statement of the facts constituting the
cause OF action, in ordinary aud concise &c
and without repetition:
g. A demand Of the relief to which the party
supposes himself entitled. IL the recovery Of
money be demanded, the amount thereof shall
be stated; and il interest thereon be claimed the
time from which interest is TO be computed, shall
be also stated.
Sec 81. Where the petition contains more
than one cause OF action, each shall be separate.
y stated and numbered.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
TITLE VII.
Pleadings in Civil Actions.


CHAPTER |. Pleadings in general.
2. The Petition.
g. Demurrer.
4. Answer.
S. Reply.
q. General Rules of Pl cading.
I. Mistakes in Pleadings and Amend.
ments,
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
PROVISIONAL REMEDIES

CHATTER |. Arrest and bail
2. Repleyin of property.
3. Attachment
4. lnjuscton.
5. Receivers and other provisional re-
medies
CHAPTER /.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
Sec. 90. The answer shall contain

Sec, lOt There shall be no reply, except upon
the allegation OF countcrcluim or set of in the
answer
Sec. l02. When the answer contains new mat
ter constituting "a counterclaim or set-of, the
plaintiff may reply TO such new matter, denying
generally or specifically each allegation contro-
verted by him; and he may alege, in ordinary
and concise language and without repetition, any
new matter not inconsistent with the petition,
constituting Il defence to such new matter in
the answer; or he may drmur TO the same Tor n-
suffic.cncy, stating in his demurrer the ground
'hsrooi and he may demur to one or more OF
such delences set up in The answer, ard reply to
the residue
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
TITLE III.

Time of commencing Civil Actions.
CHATTER |. Actions ngencral.
=. Actions for the recovery OF real
property.
3. Actions other Than for the recovery
OF real property.
4. General provisions.
CHAPTER |.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17


Sec. ia. The plaintiff in an action to recover
the possession otspecifc personal property, NAV at
the commencement OF the suit at any time before
answer, claim the immediate delivery of such prom
erty, as provided in this chapter.
Sec. 10 An order for the delivery of propertv To
the plaintiff, shall be made by the clerk OF the court
IN which the action is brought when there is filed i'm
his office, an affidavit of the plaintiff his agent, or
attorney showing,
l. a description of the property claimed:
2. That the plaintiff is the ownerof the propertv
or has special ownership interest therein tsta-
ing the facts IN relation thereto, and that he is ent
Tied to the immediate possession OF the property;
:, s. That the property is wrongfully detained by
=. That II was not taken in execution on anvo-
der or Judgment against said plaintiff or for the paw
ment OF any tax hne amercement assessed against
hun, or by virtue of order ofdevery issued under
this chapter or any other mesne or final process ia
sued against said plaintiff.
Sec. no The order for the delivery of the nron.
erty TO the plaintiff shall be addressed and deliverad
TO the sheriff 1t shall state the names of the mar
ties, the court IA which the action is brought and,
command the sheriff To take the property describino
II, and deliver 1t TO the plaintiff and 10 make return,
oi the order on a day TO be named therein.
sec. III. The return day OF the order of delivery
wlln issued at the commencement of the suit shall
be the same as that OF the summons; when issued MI,
forwards, Il shall be twenty days after il issued
See. 49,. The sheriff shah execute the order h,,.
taxing the property therein mentioned lie shall M
so deliver copy OF the order the person CHARGED
with the unlawful deainer of the property, or eaye
such copy at his usual place OF residence
sec lI'' lhe sheriff or other officer, shall not
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
PROSPECTUS EFF THE
SCIENTIFIC AMERICAN.

10 Mechanics, Iarentors, and Manufacturers,
~ HE pub ishers of the Scientific Amer ican,' re-
spectfuily give notice that the Sixth Volume Of
this valuable journal commenced the twenty tirs
of Septcm ter, Offering favorable opportunity Tor all
to subscribe who take interest in the progress and
development Of the Mechanics, Arts, and Manufac-
lures of country The character OF the Scientific
American is too well known throughout the country
to require detaiied account of the various sub
discussed throug its columns.
The aim of the publishers is and has been to render
it the most thorough aud useful scientific journal in
the country; and to judge of this, by comparing it's
circulation and Influence with other publications of
the class. they have unequvocal evidence of its
value, the leading exponent of the Arts and Sci.
ences.
1t is published weekly heretofore in quarto form
fine white pager, afor6ng at the end of the year
Illustrated Encyclopedia of over four hundred
pages, with an index, and from five to six hundred
original EngravineS described by letters Of refer
ence; beside vast amount of practical information
concerning the progress of Scientific and Mechanical
in provements. Chemistry, Civil Engineering, Manu-
featuring in its various branches, Archi ecture, Ma
sonry, Botany-in short it embraces the entire range
of the Arts and Sciences.
1t also possesses an original feature not found in
any other weekly journal in the country, viz;
Official List of Patent Claims, prepared expressly for
its columns at the Patent Office thus constituting it
the american Reportory of Inventions"
In connexion with the publishing depar tment, the
proprietors transact the most extensive home and
foreign Patent business done in this country coDse-
quently their facilities must be correspondiDgy SUI
perior.
Terms-s2,o0 per year, in advance; 81, 90 for six
months.
Ali letters must be postpaid and directed to
MUM CO.,
Publishers Of the Scientif: American,
jan 13- No 12S Fulton street, New fork.
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
GREAT DISCOVERY.

hL greatest discoveries are those which are mos.
beneficial to the human race. Joy and gIadnss
nsss from them Adicovery that rroduc happ
e,crn;tr ~, sreat. how many have been sent INTO
,neiny OF human life-CnNsUMprloN. How NM
se!ier daily with coughs, who might rid tbsm.
H. .e,s a,ilction for mere trie2 Is there remedy,
Yes! Mctntoshes ARABIAN SYRupm and ~ rsilel!
hLAlING CORDIAL" have been discovered! They bara
gwen reiiefto thousands who were totterno NM, ave
ur.nh Oh tne grave! Turned sorrow Into iny. ard
vailed. u' sioNm pre-
TOT faie ny W. IT, Gilman, corner of pennsyIyani.
avenue, and ~ street; z d. Gilman, pennsyirsn;s
between 9th and 9TH Streets and thu propre
jan 2t-dtf ''' 'oueh
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
GRAND MILITARY AND CIVIC BALL

At CarusTs Saloon, Monday FED. Z, 1853.
V,HE WASHINGTON LIGHT INFANTRY resnect.
i fully announce that they have engaged 0urusiTs
Saloon for the purpose of giving Grand Bali ON
MONDAY NIGHT, Feb. Z, 1853
To those who were present at the Ball on the 18th
of January, we refer as to whether the promises to
make it the best ball that has been given for wears
was complied with. And it is the intention to make
this eq ual if not surpass that bail
Tickets s., to be had at the usual p'rces.
JOSEPH 3. TATE
JOHN F. TUCKER,
JAMES KELLY
JOHN w. MEAD.
j. K. MARSOLETTI,
J.F. MITCHELL,
JAMES A. KING,
WIN. L. SPALDING
P. NJ. RUBANT,
Committee of Arrangements.
WIN. W. s. KERR, Treasurer. jan %
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
Letter from the Hon. Thomas II. Benton.

WASHINGTON CITY, April 20, 1S43
Nr. Freen an Hunt. SIR: ! owe you many thanks
for the opportuniti hava had TO read the Merchants
Magazine, and lsvc found it in reality 10 lie a Mage
zine. and that well re lenished Of all the useful
matt-r which the title would imply, and presented
with fune.s and clearne>s which delights while Il
instrucs. 1t is. in fact. merchants magazine in
the large acceptation Of tie term-meTcbarts who 60
between nations, hose large operations bring many
epartmenis of knowledge. and view OF the state If
the Sorld into d,iy requsi'ion. But it Is not the
great merchant only, but the one Of more modest,
but. nevertheless, of most useful operstinns-the
merchant ofthe interior aiso-wbo will find this ma
gazine TO abound with the information, the pursuit
of his business and the elevation If the merciutile
character requires Nor is its utility at all confoed
to rchant, but extends TO the legislator and diplo
matist and to all who are srged with mansg ng
tho Affairs of the nation. Fer myself have found
il most useful to me in my senatorial labors, ard
hove been i'm the habit for many years Of c,riuliy
consulting it.
Very respectfully, sir, your obedient seryant
THOMAS III. BENTON.
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
Letter from Hon. Henri Clay.

ASHLAND, goth July, 1915
Dear Sir: wish to express TO you the graf fcation
lderved on receiving the July number of the M.r
chants MagaZl and Commercial Review from vievr
ing your portrait in the beginning and m readin,
your address to your friends at the end of it, When
we feel under Obligations to those vino have cnntr
uted to our information and muselnent we are nat
uraly DESTROYS to possess a knowledge of th,m of
their appearance, of the eatares of Their couuten
ance. and OF the character and habits of tbir mind
which we ran acquire. You have placed your mann
erous re#derS (at least you have NE, if / NAV not
speak for them under those Obligations: and tho
number Of your valuable work now before me in
some gree, sat sizes the desire to which have aim
ded
have become quite familiar with the Mae,zjpe
dnd Review. and have no hesitation in my
humble opinion that it is emiucDtly emitted Ia the
public regard and support ltcolects ana arranges
in good order, large amount of valuable statistical
aud ether information highly useful not ouv to the
merchant but TO the statesman TO the CT tivaor Of
the earth, TO the manufacturer. to tie mariner in
short, to all Classes Of the busr and reading con-
munty
Entertaining this opinion, 1 am glad that il has
been, and hope that it may continue to be, literally
patroniZed.
Offering you cordial assurances Of my esteem and
res trd, truly your friend and obedieEt servant
Freeman Hunt, esq. IL CLAY.
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03

HB- Whitehursts Gallery.-Where the
best Daguerreotypes in this city, in the world are
made, is on Pennsylvania avenue near four anda-
half street.
He has splendid assortment of gilt frames, Lock.
cts, and fancy cases, just received and them.
jan 25-
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03

Lace Berthas aud Chemisettes at TATE'S? No. Why
yoa ought by all meats There is also to be
Muslin Embroidered Caps, Merino Embroidered Scarfs,
Lace imhcoidered Caps, Fancy Dress Caps, Evening
Head Dresses Sontag Sleeves, and beautiful lot OF
EinbroiGories jan "a
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
HUNTS MERCHANTS MAGAZINE
AM COMMERCIAL REVIEW

Ely FRESHMAN HUNT, EDITOR AND PROPRIETOR.
s'HE number for December, 1850, completed the
/ tweutythird semi-annual volume. THE WORK
has been eniar- ed since its commencement in July.
ie39, ana each volume now containing rsore than
even hundred large octave pages. A few corunIete
cts OF the Magazne may be obtained OF the rubbish
ers offce. 142 Flu ton street New York nna,iy a, 4
SUP ;tantialy bound, for two dollars and. half per
The following arc few of the many Commentators
iette;s received 10y the editor of the Merchants Ma
gazlne from distinguished statesman:
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03
Roots Wonderful DaSuerreotypes

Go to Roots! No matter whether
1t be clear cloudy weather.
Still, with equal truth he traces
Multitudes of lovely faces!
Roots Gallery, Pennsylvania avenue, near Seventh
street. jan 81
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03

wRrsons 'cishing to be ssrred with the "EvEs-
s-,p, mill kare their names and address at james
,,r,, 1st ,7ard Bishops periodical store adjoining
-,,.-p, Tate,s near 11h street, j. Mvls's Broaun's
NIL Eamss Winners 9Th street, or at Joe Stitngton's
0d,or Building. Also, A. Lamnso''d's It'll street,
entertainments can be lift at the dbore places.
Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1853-02-03

EY observation-disclosures will find the best
of board at Cops Pavilion, for $3.50 per week,
board and lodging Enable terms. Gentlemen
be accommodated with baths at all hours, sup
ply OF hot cold water always hand, only 25
single bath.
jal 22-1w Louisiana ave. near 9th st.