Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-03-26
AN

To amend the 1O5th and the 360th Sec
tions of the act to establish a Code OF
Civil Procedure, passed March II,
1853, and supplcmentaryto said code
SECTION 1. Be itenacted by the Gen
eral Assembly of the State of Ohio, That
the 1e5th section of the act to establish
a code of civil procedure, passed March
II. 1853, be and the same is hereby so
amended as to read as follows: Sec. lG5.
Every pleading in of record must
be subscribed by the party or his attor-
neJ. Any party may, in all cases In
which he would have the right to use the
deposition of an adverse party, whether
plaintiff or defendant, also, annex to his
pleading, other than a demurrer, inter
rogatories, if not demurred to, shall be
plainly and fully answered, under oath.
when annexed to the petition, they shall
be answered within the time limited for
answer to the petitien-when annexed
to the answer, they shall be answered
within the time limited for reply-when
annexed TO the reply, they shall be an
swered within the period allowed for an
swers to petitions, IN general; but fur
ther time may be allowedin any case, by
the court or judge, in vacation. An
swers to ,interrogatories may be enforced
by nonsuit, judgement by default, or by
attachment, as the justice OF the case
may require; on the trial such answer
nav be used as evidence by either par
ty:
&c. 2. That section three hundred
and sixty of said code be and the same
is hereby amended so as to read as fol
lows: Sec. $50. That the court, where
n action is pending, shall have power,
ON motion, and on ten days notice
thereof, to require the parties to produce
books and writings in their possession
or power, which contain evidence peril
nent to the issue, in cases and under
circumstances where they might hereto
fore be compelled to produce the same
by the ordinary rules of proceeding in
ehaneery; and if the plaintiff shall fail
TO comply with such order TO produce
books or writings, the court, on motion
as aforesaid, may give the like judge
inent for the defendant, as in case of
n%onsuit; and if a defendant shall fail to
comply with such order to produce books
or writings the court, on motion as afore-
said, may give judgement against him
by default. Either party or his attor-
ney may, also, demand of the adverse
party, an inspection and copy or permits
sion to take a copy of book, paper or
or document, in his possession, or under
his control, containing evidence relating
TO tbem merits of the action or defense
therein. Such demand shall be in VIII
ting, specifying h book, paper or dos
ument, with sufficient particularly to
enable the other party to distinguish it
and if compliance with the demand, with
in four days be refused, the court or
Judge, on motion and notice to the ad-
verse party, may, in their discretion, or
der the adverse party to give the other,
within the specified time, an inspection
and or permission to take a copy
Of such book, paper or document, and
on falling to comply with such order,
the court may exclude the paper or doc
ument from being given in evidence, or
if wanted as evidence by the party ap-
plying, may direct the jury to presume
Il to be such as the party, by affidavit,
alleges it to be. This section is not to
be construed to prevent a party from
compelling another to produce any book,
paper or document, when he is examined
rs a witness: Provided, however, that If
the party in possession of any such book,
paper, writing or document shall allege
that the same or any part thereof, is of
mere private interest, or of such chaTac-
ter that the same ought not to be pro-
duced, or an,iRspection or copy thereof
allowed or takenathe court may, in its
discretion, on motion of either party, di-
rect q private examination thereof by q
master, and if the master shall find that
such book, paper, writing or document
shall contain matter p~ertinentto the case,
and proper to be produced, inspected or
copied, as aforesaid, he shall report the
same to the court, or a copy. OF such
part or parts as he may find pertinent
to the case, and proper to be produced,
inspected or copied, and the book, pa
per, writing or document, or part there
Of, so reported, shall be admitted ip ey-