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

Sec. 81 Any person indebted, or against whom a
cause hi action exists may personally appear in court
OF competent uriSdiCtion ad, with ihc assent of the
creditor, person having such action confess
Judgment therefor whercuon Judgment shall be entered
accordingly.
Sec. az The debt Of action shall he briefly
stated IN the Judgment, III writing tiled az pIcai
ings IN other actions
Sec. 40. such judgment shall authorize the same pro.
ecrdmss for It's enforcement judgments rendered in
actions regularly brought aud prosecuted; and the con
LESSON shall operate az release OF errors
Sec. tO Every attorney, who shall confess Judgment
III any case SHALL AT the time oi making such confession
produce the warrant Of attorney ior ing lhe same 10
the court before which he makes the confession and tho
original or copy Ol tile warrant shall he flied with the
clerk OF the court IN which tho Judgment shall he entered
Sec nj u any person he IN custody civil action
al The suit OF another, warrant of attorney executed
ny tho person IN custody. 10 confess judgment in favor of
The person at whose s he ~ IN custody shall he of auy
orce, unless some attorney expressly named by tho uef
ney, a Y tnpss.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

said debtor can be nsceraincd as betwecn h;,n0o,r
and the person or persons holding the legal estate or
the person. or persons having any lien IN or n,aros,
M the same, without controversy as TO Tho n,orcs,
or scn p,r,om on persons holding such legal estate,
may be ordered to sell and convey sucb rcoi estate
or the debtors equitable interest therein such snIea
shall be conducted, in all respects, in the same man
ns,,,e ns 10 ny 's code for the sale OF roal
snail before The execution of the deed he ,nnroved
by the court in which the Judgment was rnndered
or the Transcript has been fled as aforesaid. rs in
cases OF sale upon execution ~
Sec 40. II the sheriff shall be o,,o;,,od ro.
ceiVer, nc anu his suretes shall be lnblo on his
official bond Tor the faithful discharge of his dutes
as snch receiver; II any. other person shall be ap.
% snc su NE snail give written undertaking,
III sucn sum as snail be prescribed by the Judge with
one or more sure,ies to the effect that he will faith.
Inly uischarge the duties Of receiver and he shall
also idke an oath to the same effect before acting
s suem Son,o oreyer Inc undertaking mentioned in
lions may DO prosecuted for breach thereof Inv nnv
person Interested in the same manner as unon n
sheriff g official bond "0' "' oP0"
SoG, AL !ho Judge or referee, acting under the
provisions OF this chapter; shall have power to con.
tlnue his proceedings from time TO time until thev
shall he completed. 0' "''''' ANY
sec. Az The Judge may, in his discretion, order
him ~ roon., ~ referee agreed upon or appointed by
mn, :" report tiie evidence or the facts. f-
| Sec 413; If any person, party, or witness dis.
ou{ sn oruer OF the Judge or referee, duly served,
shoa person. party, or witness may be punished BY
u'e Juuge as for contempt
SEQ 4H. The order mentioned in sec,;ons spr
nJ unq nty nine, four hundred and sixty, four
&uIsu anq sixty. -four and four hundred and sixty
s,iail DC IN wrting and signed by the Judge
In othegI .ne same, and shall be served summons
To eases The Judge shall reduce all his orders
mailng which, tegemers with minute Of his
iho cIaat g signed BY himself, shall be filed with
liniemen, ~ - ne fourtof the county in which the
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER ".
Manner of Giving and Entering Judgment.

mahHcT ol blVlhB ana Entering Judgment
I Sec. 3s2 When atrial by jury has been had judpmen
must he rendered by the clerk IN conformity 10 m, vc
dI' unless Il s special or the court order The case to b,
reserved Tor lnturo argument or consideration.
src "s3 Where the verdict is spec ia or where tber,
has been special finding particular of fac
or where 'e court has ordered the he reserved
shah order what Judgment shall he entered.
see III Where upon the statements IN the cadinr,
Que party IL entitled by law to judgment in his favor
Judgment sha he so rendered by the court though yer
! diet has been found against such party.
sec 5Ho II couuicrolam or sct.oT established al
'he ula', exceeds the plantis claim so established
Judgment i" tho defendant must be given for the excess
or, II u ap ear that the defendant Is entitled To suy ar
mdllve fcliei Judgment shall he given therefor
sec aed II daIl not be necessary TO rcserye in udg
eht or order, the right oi nani to shaw cause a.
ganh, alter his attaining full age but in any case IN
W"'Ih hu loflhH section, such would
re proper the infant within ono year afor arriving a,
r "p nsp " twenty one years nsy show against
sno, ~ An judgments and orders mus, he entered
Wv .e journal OF me court aud specify clearly the relief
granted OF order made III the action.
sec aas Tue clerk shall make a complcte record ot
nvety .ausc G soon ~ II Is finally determined; unless
such record OF some part thereof be duly waived
sec NV lie shall make up such record In ca n ause
IN the VACATION next alet the term al which tbe snnc
ns'eInned aud the nrcadng judge OF such eoun shall
" Tvs IeM term Thereafter, subscribe the same.
sec 30O. The records shall he made up from the ne
on tue process return the rleadings subsequent here
% eluls 'erdieis orders, Judgments, and all material
acts and proceedings 0 the court hut the items of an
ace"un' or iho copies OF paper attached To the peadgs
e VnulhouS The court may order the record 10 be ae
by abreviating the same or inserting prrtiuent tns
tiPI'oh 'hertOi OF hy Quitting them entirely. Evidence
must not he recorded
sec. 39i When the judicial acts or other precc,d,nys
o shy eour have not been regularly brought up aud 10
corded ny the clerk thereof such cour shall cause the
same 10 le made up aud recorded within such time AS
may direct When they made NJ, aud upon exam,'
ns1n lonhd 10 DC correct the presiding Judge OF such
not apply N''
l. IN criminal prosecutions where the indictment ho
beon quashcd ~ where the pr ,secutng attorney shall
nave entered 1oHe Preseqn', on the indictment
IN cases where an action has henn dismissed with.
nv ial i,
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER V.
Proceedings TO pcrnetnnte Testimony.

IIOcteuiHBS W IcTDeIudte testimony.
Sec. ad3. The testimony Of witness may he pcrrc,.
ua'cd IN the following manner.
Sec 35i. The applicant shall file in the office of the
clerk ofthc court Of common pleas petition to he veri
ned, ~ which shall he sci FORTH specially, tile subject
matter, relative to which testimony is to he taken, aud
the names o the persons interested f known to the ap
plicant; and VI not known such general description
can rro Of such persons heirs dcvsees alences
otherwise. The petition shall also the names Of the
witnesses TO le examined aud the incrrogaorcs TO he
propounded 10 ca h; that the applicant expects to he
party 10 an action in court OF This State which such
testimony Will as he believes, he material and tho oh
stacles preventing the immediate oonnneu OF the
action, where the applicant expects 10 he the plaintiff
sec 3B5 The court, judge thereof may forthwith
make an order allowing the examination o such witness
's The order shall prescribe the time and place the
chanlna'o how long the parties interested shh he no
tilted.
sec. 366. When appears satisfactorily TO tho court
OF Judge hat the parties interested cannot hc personally
houhcd, such court or judge shall appoint competent
attorney TO examine the petition and prepare aud file
intcogaofes TO those contained therein The witness.
sna he examined upon the nerrogatorics of the ap
pcah and upon cross int, rogatories. where they
required TO he prepared, and shall he propound
ed 10 tem nor shall any statement he received, which
not responsive 10 some one nf them The attorney hlinP
the cross ininrrogatoties shall he SLOWED reasonable
Zee thereior, to be taxed in the bill of costs.
sec. 361 such depositions shall he taken before some
one authorized by law fotake dispositions before
one specially authorized by the cont or Judge and shaI
he returned to The clerks office ofthe court which ht
petition was filed.
Sec. 36a. The Judge II satisfied that the de
positions have heen properly aken and herein requr
ed. shall approve the and order them filed
u ual be had between the parties named In the pcti
sitions, or certified copies thereof may be given cvi
dcnoe by either party where the Witnesses are dead
insane, or where their attendance for oral examination
cannot be obtained reqnired hut such s
be subject 10 the same objections for irrcievancy and
competency as may be made to depositons taken pend
ing an action.
Fec 1850. The applicant shall pay the costs Of all pro
ceedlngs under this chapter.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER III.
Revivor and new parties to Judgment

Sec. i5. When Judgment is recovered az ainst one
or more persons jointly indebted upon contract to- those
who were not originally summoned, may be made par.
ties TO the judgment by action.
Sec. 4l6 II either or both the parties die after udg
meni, aud before satisfaction thereof their representa-
'vns, real or personal or bo the may require
may he made parties 10 the same in tho same manner as
IL prescribed far reviving actions before Judgment and
such Judgment may he rendered, and execution awarded
as might or ought tn bG given awarded against the
representatives, real, or personal, BOTH OF such de-
ceased party. "
Sec. Az. if a judgment become dormant il NAV be
revived in tile manner as is ior reyiying
actions belOse Judgment '''e
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER /.
Executions Against the Property of tie
Judgment Deblor.


See 42O Lands, tenemonts, goods and chat
teis, moi exempt by law, shall be subject To ihc
payment u debts, and shall be liable to be Ia an
ON execution and sold as hereinafter provided.
See. All. The lands and tenemcnts of The
debtor within tho county where the Judgment is
entered, shall be bound for tho satisfaction
thereof from the first day of the term, at which
Judgment is rendered; but judgments by con(es.
sion, and judgments rendered at the same term
Ut which tho action is commenced, shall hind
such lands only from the day on which such
Judgments are rendered. All other lands. M
well as goods aud chattels Of the debtor shall bc
bound from the time they shull be seized in exc.
cution,
Sec. l?s. II execution shall not be sued on,
within hvo years from the date Of any Judgment
that now IL or may hereafter be rendered in nnv
court OF record IN this State or il five years sbnil
have intcrvened between the date of the lns, OK.
ecutlon issued on such judgment a nd the time of
suing out another writ of execution tbereon
such judgment shall become dormant, and shnli
cease TO operate us lien on the estate of the
Judgment debtor.
Sec. I23. The writ of execution against ,ho
property Of the Judgment debtor, issuing from
any court OF record IN this State, shall command
the oihccr 10 whom il IL directed, tbat of ,Lo
goods aud chattols Of the debtor, he cause IN bo
made the money specified in the writ; and for
want Of gonds and chattels, ho cause the sam. 10
w "NI v, '"o '""oo uhu tonehents OF the deb.
tor: aud tho exact amount Of the debt, damages
and costs for which the judgment is entered,
shall DO endorsed on the execution
Sec' AL. When two or more writs of o,ecn
tion against the same debtor, shull bo sued on,
during the term in which judgment was rende,'
ed or within ten days thereafter, and when ,wo
or more writs Of execution against tho snmo
debtor. shall be delivered to the officer ON The
same day, no preference shall be given to either
oi such writs; but IL u sufficient sum of money he
not made In satisfy all executions, the amoun,
made shall be distributed to the several creditors
in proportion TO the amount of the respeetiyc
demands In all other cases, the writ of execn.
tion first delivered to the officer shall be first st.
istied And il shall bo the duty OF the officer 10
endorse on every writ Of execution, the time |
when he received the same; but nothing herein
contained, shall be so construed as 10 affect snv
preferable lien, which one or more Of The iudg.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER w.
Admission, Inspection and Production o.
Documents, and General Provisions.


Sec. 359 Either party mpy exhibit 10 the 9th
or or 10 his attorney, II; any time before the ira
nj, any paper or document material TO tho nc
lion aud request an admission In writing OF it,
genuinencss. If the adverse party or his nttur
ney fail to give the admission In writing, within
four days hiter the request, and II the pnrly tx
hlbiting the paper or document be afterwards
put To any cost or expense TO prove its genuine
uess, and the same be hnaly proved or admitted
ou the trial, such cost aud expenses, 10 be asrer.
tnineI al the trial, shall be paid by the party re
fusing t. make the admission, unless II shall mp
pear to the satisfaction OF tho court that there
were good reasons ior the refusal
Sec, 800. Either party or his attorney mny de-
maud ol the adverse party an Inspection and copy,
or permission to cake copy ofa book, paper or
document, in his possession or under his control
containing evidence :clntng Ia the merits oi the
action or defence therein. such demand shall
be in writing, specifying the book, paper or doe.
ument, with sufficient particularly 10 enable
the other party TO distinguish IL, nnd " cOmpli
unce with the demand within four days, be- re
fused, the court or Judge, on motion aud no licc
10 the adverse party, may ia their discrt Iion
der the adverse party TO give tho other, within
specified time an inspection ana copy or per-
mission TO take copy OF such book, paper or
document; aud on failure 10 comply wIth such
order, the court may exclude the paper or ducu.
ment from being given IN evidence, or u wanted
as evidence by the party applying, may direct
the Jury 10 presume IL TO be such as the PsTty by
affidavit alleges il to be. This section is not To
be construed 10 prevent party from compelling
another to produce any book, paper or document
when he 10 examined AS witness.
Sec jGl. Either party or his attorney. IL re-
quired, shall deliver TO the other party or his at.
torney a coyy Of any deed, instrument or other
writing, whereon the action or defence is ioun.
ded, or which he !ntenGs 10 oileI in evidence at
the trial. n the plaintiff or defendant shall re-.
fuse o furnish the copy or copies reqNred the
party 50 relusing shall not be permitted to give
ia evidence at the trial the original, Of which
copy has been refused. This section shall not
apply 10 any paper, q copy Of which Is flied with
a pleading as provided in section one hundred
and seventeen.
Sec. 362 Printed copies in Ioumes of stint.
ulea code, or other written law, enacted by any |
other state or territory, or foreign Y vsrnmeni,
purportIng or proved TO have been published by |
the authority thereof. or proved TO be common.
" admitted os evidence Of the existing law, In |
he courts or tribunals OF such State, territory
,r government, shall be admitted by the courts
nd officers of this State, on all oGcusions, as
violence of sneh laws. Tho un-
rilt II or coulmun law ofan. other Stnte, ter.
i,ory OF foreign government, may be proved as
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER III.
Judgment upon failure to answer.

Soc, 31B. II the taking of account or the proof of
fact the assessment he 10 ena.
bic the court TO pronounce Judgment upon failure an.
swer or after decision o an issue OF law the
with the assent of the party in default take the ac
count hear the proof the damages may With
tile like assent refer the same TO referee master
missioner, or may direct the TO be asceaned as
scssed by Jury II jury he ordered il shall be on or
after the day On which the action set for trial.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XIV.

CHAPTER ]. Executions against the property of the
Judgment debtor.
= Proceedings IN aid of Execution.
y. Executions against the person.
l. Executions for the delivery of real pro.
perty.
:. Judgment before justices of the Peace.
Sec 4s. Executions shall he deemed process of the
court and shall he issued by the clerk and 10 The
shei ol the county. They may be directed TO ierent
counties al the same time.
Sec. il0. Executions are of three kinds:
]. Against tho property OF the judgmo Mt debtors:
.. Against his person: q
B. For the delivery of the possession OF real property
wth damages for withholding the same aud costn.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
SU UBDlVISlON Nv.
Exceptions to Dispositions.

Sec. 3jj. Exceptions to drposit,ons shall be
in writing specifying the grounds ol Objection,
and flied with the papers IN the cause.
See 800. No exception other ihun Tor incom-
potency or irrclevancy shall be regarded, unless
made aud filed before the commencement of the
tgial.
Sec a57 The court shall on motion ofciIhrr
pnrty, hear aud decide the questions arising Oh
exceptions to dcpositions, before the commence
mont Of the trial.
Sec 35S Errors OF the court in its decisions
upon exceptions TO dcpcsitions are waived unless
lAcrplrd 10.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER V.
Conveyance by Commissioners.

Sec. 3a5. Real property may be conveyed by Master
Commissioners as hereinafter provided
l. Wien by an order or judgment In action or pro
ceedng party is ordered TO convey such property 10
anoiheT and he shall neglect or refuse TO comply with
such order or Judgment
e When sIacicd real property Ia required to he sold
under an order or Judgment OF the court.
Sec. 396. sheriff may act a. master commissions
under the second subdivision of the preceding section
rSs male nndef the same s,l tonOrnn all respects
10 the lave regulating rass Oi lands upon execution
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
scIiApTER III.
Executions against The person

4. =. \
e judgment debtor, shall require the officer to ar
resi- such debtor, and commit him to the Jail Of the
cCunsy, until ne pay the Judgment be discharged
Sec. AIS. An execution against the person of the
uegVr may be issued upon any judgment for the pay
!. When the judgment debtor has removed or
pegum 10 remove any of his property out of the
jurisdiction OF the court, with intent to prevent the
collection OF the money due on the judgment:
!" men ne mas property, rights in action, evil
uehces OF debt, or some interest or stock in some
corporation or company, which he frauduently con.
cealsi with the like intent
| .. When he has assigned or disposed of all or
ahy part OF MS property, or rights in action or has
converted the same into money, with intent to de-
fraud his creditors or with the intent to prevent s,ch
| property from being taken IN executions
| d. When he fraudulenty contracted the debt or
incurred the obligation upon which the Judgment
D. When he was arrested on an order before iudo
ment and has not been discharged, as an insoiye3t
deotor or the order has not been set aside as impro-
perly made. - -~f'SI
Sec. 479. An execution against the person of tbe
debtor except as prescribed in section four hundred
and eighty-one can be issued only when the same Is
allowed by the supreme court, the district court the
court OF common pleas, or probate court, or anv
Judge OF either, upon being satisfied by the affidavit
OF the Judgment creditor or his attorney and such
other evidence as may be presented of the existence
OF one or more Of the particulars mentioned in Sec
llon iour hundred and seventy -eight,
Sec. 4SO. A justice of the peace may issue an
execution against the persen of Judgment debtor
upon being satisfied of the existence Of one or mora
dence. t' F-- - rs sSr'.. :
Sec. 4Sl. In oil cases in which the Judgment
debtor was arrested before Judgment, and nus not
eeen released from Imprisonment BY an applicutlon
order for such arrest has net been adiudeetf, pio.
per, an execution against the person of such d6.
nlent debtor may issue Of course. @
atore.,J H. sb,i niasy sy taken IN execution
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XII.
Causes of Action which survive, and abatc
ment of Actions

Sec. 398 In addition TO the causes Of action which
survive al common law, causes Of action for mcsuc pro
hts or for an injury TO real personal estate o. for any
deceit or ri I'D, shall also survive and the action IN
We mougm hrtwitllstandns the death of the porfon
sec I'D No action pending in any court shall ahatc
ny 'e dcah OF either or both the parties thereto
an ACTON Tor libel. sandcr, malicious prosecution, az
sant or assault aud battery for nuisance or agains,
Jns'ioe OF Tie peace for misconduct in Office, which
shall abate by the death of the defendant
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

fIcts by pnrol evidences and the books Of reports
OF cases adJuGged in their courts, may also be
admitt,d d as presumptve evidence OF such law
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

Sec W.. Tho deed OF master commission shall
contain the like recital and shall hc executed acknow
edged aud recorded az the deed OF sheriff. Of real pro
porty sold under execution.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XI.
Judgment.

CHATTER |. Judgement in general.
?. Judgment upon failure to answer.
,. Judgment by confession.
4. Manner of giving and entering judgment.
D. Conveyance by commissioners.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
TITLE XIV. rs,
Miscellaneous PROCEEDINGS.
Offer to compromise, +,

coycry of money only, may at any time beGro 80, 10,
ial, serve upon the plaintiff, or his attorney, an oT