The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-04-09
n. ao1 AN aCT

March 6. 1857.
No. ~ AN aCT
To amend the IO5lh aud 36Oth sections Of the ar
to establi,h Code OF Civil Procedure, passed
March H. 1853, aud supplementary to sad .'od' ,
SIC. /. Be it enacted by the General Asser bl,
Of the State of Ohio, That the l05lh spctlon Of b.,
act 10 establish code Of civil proceed ne, passe
March II, 1858, be and the same is hereby
amended as 10 re. d a. foil ws: Sec lU5 Every
pleading in a court OF record must be sub-cfih6'
by the party or his attorI ey. A'y party may, in
all cases in VIII ch he would have the rp hit to ust
the deposit n Of All adverse paitS whe, her Ian
tiff o fendant also, anIeX TO his leading
other than demurrer interrogatories pertinent
the case, which lnterrog atorles, If nut demurre'
TO, shall be plainly and fully answered. unde
oath. hen uexed to the petition, they shhl
he answered within the time limited for answer /.
the petitioi--when annexed to the reply, they
thall be answered within the period allowed fpl
answers 10 petitions, in general; but further TIME
may be allowed in any case by the court or judge
in vacation. Answers to interrogatorips may he
enforced by nonsut, Judgment by default. or B.,
alta, hment. the justice of the may require
on the trial such answer may be used as evidenc
by either party.
$50 2. That section three hundred and six,y o.
said code be and Il c same j. hereby amend, d =,
as to read as follows: See $50. That the court
where any action is pending shall have power
motion. md on ten day notice thereof, to re.
their possession or power which ontain evidence
perth eut to the issue. in and under circum
stances where they might her, tuiore he compelled
to produce the same by the ordinary rules Of FRO
eeeding in chancery; and If The plaintiff shall
fail to comply with such order TO produce b, ok- OF
writings. the courl, ON motion. aforesaid. may
give the like judgment for the defendant as in cas-.
Of ponsuii: and if defendant shall fail to com.
ply with such order to produce books or writings
the court, on motion as afores said may Qiye iudp.
nil i'm NV th.rp aIt,,
attorney may, also, demand Of the adverse party,
IN inspection aud copy, or permission To take q
copy OF book, paper o. document in his posses.
sion, or under hs control containing evidence re.
Ihing to the merits of the action or defence there
in. Such demand shall be in writing, specifying
the book, paper or document, with sufficient par.
ticulariiy 10 enable the other parry to distinguish
it aud if compliance with the demand. within iour
days be refused. the court or Judge, on mo-
tion and notice to the adverse party NAV in thei,
diserec ion, order the adverse patty give III,
other, uithin the specified time inspection and
copy, or permission TO take a copy of such book
paper or document; aud on failure to comply with
such order. the court may exclude the paper OF
document from being given in evidence, or i
wanted as evidence by the party applying ma,
direct the jury to presume it be such as the par
ty. by affidavit, alleges it to be This section i,
not to be construed to prevent party fron com
pelling anotherto produce any book, paper or doc
nmept, when he is examined as witness; Pro
vided. however, that if the party in possession o
any such book, paper, writing or document, shal
allsge that the ME or any part thereof is of mer,
private interest, Of such character that the sam,
ought not TO be produced, or an insl eetIun o.
copy thereof allowed taken, the court may, il
its discretion, on motion Of either party, direct
private examination thereof by a master, and i
the master shall find that such hook, paper. writ
ing or document shall contain ma ter pertinent {
the ease, and proper to be produced, nspec ed OF
copied, as aforesaid, he shall report the same Il
the court, copy of such part or part as he may
hnd pertinent 10 The case, aud proper to be rro
duetd. inspected or copied and the b ok, paper
writing or document, or Fart ther, Of so reported
shall be admitted in evidence in the TRIAL unles,
excluded by the COURT or proper cause
c. 3. That whenever any person claiming Il
have cause Of action defence to an actio,
commenced against him, is unable. without dis
sovery Of the fact from the adverse party To f i
his petition or answer such person rsay bring hi
action Tor discovery, setting forth in his petition
the necessity Of suc' discovery aud the ground
thereof and such inteTros atories relating to tn
subject matter Of the discovery as may be necesar
10 procure the discovery sought, which if not dc
muru to, shall be July and directly answpre,
under oath by the defendant upon the final d IS
position Of The action, the costs thereof shall h
taxed in such manner as the court shall deem
equitable.
BIC. 4. That said original sections los and 3GC
bs aud the same are hereby repealed aud that thi
Ast shan take effect from aud after lis passag.
N. H. VAN WORRIES
Speaker Of the House of Representatives,
LESTER TAYLOR,
President oil the Sensts pro TEN.