The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-04-08
AN ACT
80.

10 dmenQ Lle lOOlu anu vi hHO ~.
to establish a Code of Civil Procedure, passed
March IL, 1853, and supplementary to said Code
Sec. l.. Be 1T enacted by the General
Assembly of the State Of Ohio, That the
lO5th section of the act to establish a
code of civil procedure, passed March IL,
1853, be and the same is hereby so
amended as to read as follows: Sec. los.
Every pleading in a court of record must
be subscribed by the party or his attorney,
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, inteIrogatories
pertinent to the case, which interrogato-
ries, if not demurred to shall be plainly
and fully answered, under oath. When
annexed to the petition, they shall be an
swered within the time limited for answer
to the petition-when annexed to the
answer, they shall be answered within the
time limited for reply-when annexed to
the reply, they shall be answered within
the period allowed for answers to petitions,
in general; but further time may be al
lowed, in any case, by the court of judge,
in vacation. Answers to interrogatories
may be enforced by nonsuit, Judgment by
default, or by attachment, as the justice
of the case may require; on the trial such
answer may be used as evidence by either
party.
SEC. 9. That section three hundred and
sixty of said code be and the same is here
by amended SO as to read as follows: Sec.
$50. That the court, where any action
is pending, shall have power, on motion,
and on ten days notice thereof, 10 require
the parties to produce books and writings
in their possession or power, which CON-
tain sevidence pertinent to the issue, in
cases and under circumstances where they
might heretofore be compelled to produce
the same by the ordinary rules of proceed.
iugin chancery; 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 judgment for
the defendant, as in case of nonsuit; and if
a defendant shall fail to comply with such
order to produce books or writings, the
court, on motion as aforesaid, may give
judgment against him by default. Either
party OF his attorney may, also, demand
of the adverse party, an inspection and
copy, or permission to take a copy of a
book, paper OF document, in his posses
sion, OF under his control, containing evil
dence relating to the merits of the action
or defence therein. Such demand shall
be in writing, specifying the book, paper
or document, 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 adverse party,
may, in their discretion, order the adverse
party to give the other, within the speci-
fed time. an inspection and copy, or per-
mission to take a copy of such book, paper
or document; and on failure to comply
with such order, the court may exclude
the paper or document from being given
in evidence, or if wanted as evidence by
the party applying, may direct the jury
to presume it to be such as the party, by
affidavit, alleges it to be. This section is
not to be construed to prevent q party
from compelling another to produce any
book, paper or document, when he is ex-
amined as 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
character that the same ought not to be
produced, or an inspection or copy thereof
allowed or taken, the court may, in its
discretion, on motion of either party, di-
rect q private examination thereof by a
master, and if the master shall find that
such book, paper, writing or document
shall contain matter pertinent to the case,