The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-03-18
laws OF OHIO.
PUBLISHED BY AUTHORITY.

mo. 32.1 AN ACT
To amend the 105th and 360th sections
of the act to establish a Code of Civil
Procedure, passed March IL, 1858, and
supplement, ry to said Code.
Sec. 1 Be 1t enacted by tie General
Assembly of the State of Ohio, That the
los 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 sub
scribed 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 defend
ant, also, annex to his pleading, other
than a demurrer, in~terrogatories pertinent
to the case, which Interrogatories, if not
demurred to, shall be plainly and fully
answered, under oath. When annexed to
the petition, they shall be answered with
in the time limited for answer to the peti.
tion-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 gener-
al but further time may be allowed, in
any case, by the court or judge, in vaca-
ton. Answers to interrogatories may be
enforced by n~onsuit, judgement by de-
fault, 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. 2. That section three hundred and
sixty of said code be and the same is
boroh- onoanIa1 On rs fo rao1 NO fo1l0rc.
Sec. $50. That the court, where any ac-
ton is pending, shall have power, on mo-
ton, and on ten days notice thereof, to
require the parties to produce books and
writings in their possession or power,
which contain evidence pertinent to the
issue, in cases and under circumstances
where they might heretofore be compelled
to produce the same BY the ordinary rules
of proceeding in chancery and if the
plaintiff shall fail to comply with such Or
der to produce books or writings, the
court, on motion as aforesaid, may give
the like judgement 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 judgement
against him by default. Either party or
his attorney may, also, demand of the ad.
verse party, an inspection and copy, or
permission to take a copy of a book, pa
per or document, in his possession, or I'M
der his control, containing evidence relat-
ing to the merits of the action or defence
therein. Such demand shall be in wri-
ting, specifying the book, paper or docu-
ment, with sufficient particularly to ena-
BILE the other party to distinguish it and if
compliance with the demand, within four
days DO 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, pa
per or document !; and on failure to COM
ply with such order, the court may ex-
clude the paper or document from being
given in evidence, or if wanted as evidence
the party applying, may direct the jury
to presume it to be ouch 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
as a witness /: Provided, however, that if
the party in possession of any such book,
paper, writing or document, shallsallege
that the same or any part thereof, Is of
mere private interest, or of such a charac-
ter that the same ought not TO be pro-
duced, or an inspection or copy thereof
allowed or taken, the court may, in its dis
erection, on motion of either party, direct a
private examination thereof by master,
and if the master shall find that such
book, paper, writing document shall con-
tain matter pertinent to the case, and
proper to be produced, inspected or cop
led, as aforesaid, he sholl 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, paper, writing or
shall be admitted in evidence in the trial
unless excluded by the court for proper
cause.
Sec. 8. That whenever any person
claiming to have a cause of action or a de-