Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-04-01
mo. SO AN C

OF flNn procedure, p9>Stu hiTCn II
1853. be and The same is hereby so a.
mended as TO read as follows: Sec. los.
Every pleading in a court OF record must
be- subscribed BIZ the party or his attcr
nry. ANY party may, in all eases in
which he would have the right to use
the deposition Of an adverse party.
whether plaintiff or defendant. also. an
mex to his pleading other than a drmur-
Ter, inieIrogatories pertinent TO the case.
which inIerrogalories. if not demurred
to, shall be plainly aud fully answered,
under oath When annexed to the petit
ton. they shall he answered within the
time limited for answer to the petition
when ANNEXED 10 the answer, they shall
be answered within the time limited for
reply-whrn annexed to the reply, they
shall be answered within the period al.
lowed for answer to petitions. in gene
raj; hut further time may b. allowed in
any case. by the cour or Judge. in va
cation. Answers 20 int, rrogatOries NAV
be enforced by nonsuit. judgment by
default. or by attachment. as the justice
nf the rase may require on the triaI
such answer may be u-ed rs evidence bv
either parry.
SEC 9 That lection three hundred
aud sixty of said code he sud The same
i her bv amended 80 as la read a< fol
lows: SEC So That the court, where
anv ariiun is pending, shall have power.
on motion. and on Ten lav's noiicr there
of, 10 require The parties 10 pro luce
l"Oks. and writings in their pos>esSIon
ar power. which contain evidence per l.
nenr To the is>ue. H. cases and under cir
cum>ianrrs whore they might heretofore
be compelled To projuce the SAM BIZ
the ordinary rules Of proceeding in chan
rrrY: AMI if the plaintiff shall fail ~
comply with such or,i"r Ia proluc" books
or writings, The court, on motion "a
aforesaid. may give The like julgmani
for the def, ndant. as in case of nnn~ui';
and if defendant shall fail 10 comply
with such order to produce books or
= rilingS. the court, on mo.ion As afore-
said. may give Judgment against him by
default. Ether parlv or his attorney
nav, also, dem md of the adverse p irty.
All inspection and copy. or permission To
sake a copy of a book. paper or d"cu-
mrnt. in his possession. or under his con
troll. containing evidence %rrlaiinI 1" thu
merits of the nciinn or defence therein.
Such demand shall be- in writing. spec
flying the book, paper or document, with
I - N1.t. nj r,.rta., "a r,fx- A., .n.hf.x the AT igr
parry to Distinguish it and If compliance
with the demand. within four days b.
refused. the rouri or Judge. on motion
and notice {" The adverse party, may, IN
their discretion. or.ler line adverse party
10 give the o'her, within the specified
'ime. an in<prcIiun anil copy. or prrnii>-
sion TO take a 6, pr of such book. paper
or document and on failure 10 comply
with such order. the court may tx-lu1-
The paper or documfn nj from being giyer
in evidence. or if wanted as evidence bv
the party applying may direct the jury
to pre'ump it to b. such AS the party. bv
affidavit. alleges it to be. This section
Is not to be construed TO prevent a party
from compelling another TO pro luce any
hook. paper or docum"nI. when he Is
ex4min-d as a witness: Provided. how
ever, that if the party in possession Of
any such bonk. paper. writing or dOcu
mrni shall allege IhHt the same or anv
part thereof is of mere priyate interest.
or of such character that the same ought
not TO he produced. or an inspection or
copy thereof allowed or taken. the cnur;
may, in lis discretion, on motion of either
party, direct a private examination
thereof BIZ a mas'er, and If the master
shall find that such book. paper. writing
or document shall contain matter peril
nent to The case, AMI proper TO BE- prn-
duced. Inspected or copied. as aforesti',
he shall report the same 10 The court. or
a copy "f such part or paris as he may
find pertinent 10 The case. and proper tn
be- produced. insp, cted or copied, and
the bo,k paper. writing or document. or
part thereof. so reported, shall be ad
mitted in evidence in the trial unless tx
cluded by the court for proper Cause.
Sec. 5 That whenever any person
F'hitullJ ~ rave Il cause pi acilfD OF u
defence To an action commenced against
him. is unable. without "a discovery of
the fact from the adverse parry. To tile
his Detliiun or answer. such person nav
bring his action for discovery. setting
forth in his petition the necessity of such
discovery and the grounds thereof. and
such interrngatories relating 10 the sub
Jet matter Ut ille discovery as may he
necessary to procure the discovery
sought. which it nos demurrrd Ia, shall
beiully and directly answered under oath
by The d~rfrn,iani; upon The fin1l dispn>i-
ton of aetinn, the casts thereof shall DO
tax d in such manner as the cour, shall
deem equitable.
See. 4. That the said original sections
los and $50. be and he same are here
by repealed. and that this act shall take
effect from and after lis passage.
". II. \ ORuEs
Speaker Of the House OF Representatives,.
LESTER TAYLOR.
President Of Ihs Senate. pro ten.
Columbus. March g. 1857.