The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-11-17
AN ACT c
To amend the 3l3th and 3I4th sections
of the Code of Civil Procedure.
AN ACT

a. Z.HNr g.
To amend the 3l3th and 3l4th sections
of the Code of Civil Procedure.
SECTION 1. Be II enacted By the Gen
eraL Assembly of the State Of Ohio, That
the 3l3th section of the act entitled an
act to established a code of civil prece-
dure be so amended as toread as follows:
Sec. 3I3. No party shall be allowed to
testify by virtue Of the provisions of SEQ
ton three hundred and ten, when the
adverse party is the executor or admin
istrator of deceased person, or the guar
dian of the child or children ola deceased
person, when the facts to be p~rovedtrans.
pired before the death of such deceased
persons, except in cases where the claim
or defence is founded on a book account,
then the party shall be permitted to tes-
tify that the entries are in his handwrit
ing, that the book containing the same
is his book of original entries, and If the
original entries in said book of accounts
have been made by a person who, at the
time OF such trial is deceased, or a dis
interested person who is q nonresident
of the state, on proof Of such decease or
non-residence, and that said entries are
in the handwriting of such person, or
such proof by the party as ~hereinbfeore
provided, then it shall be competent to
admit said book of original entries as
evidence, the weight to be given to such
evidence, in either case, however, being
left to the ,urt or jury to determine.-
The deposition ola party shall not be
used in his own behalf, unless the legal
notice required in the cases where depo-
%sitions are to be taken shall also specify
that the deposition to be taken is that
of the party; provided, that if the depo-
sition of o party be taken in any pending
suit, and such party shall die before the
trial thereof, it shall be lawful for the
opposite party to testify as to all matters
contained in said deposition, ifthe same
be offered in evidence
SEC. 2. That the 3I4th section of
said act be so amended as to read as fols
lows: Sec. 3I4. The following persons
shall be competent to testify:
LIST. Persons who are of unsound
mind at the time Of their production for
examination. 4FsY
I'd. Children under ten years of age,
who appear incapable of receiving just
impressions of the facts respecting which
they are examined, or of relating them
truly.
Sd. Husband and wife, for or against
each other or concerning any communi-
cation made by one to the other, during
the marriage, whether called as a wit
ness while that relation subsisted, or
afterwards, except in actions where the
wife, were she q feme sole, would be
plaintiff or d%efendent; in which action
the wife may testify, but not both.
4th. An attorney, concerning any
communication made to him by his client,
in that relation, or his advice thereon,
without the clients consent.
5th. A clergyman or priest, concern
ing any confession made to him in his
professional character, in course of dis
cipline eDjoined by the church to which
he belongs, without the consent of the
person making the confession.
SEC 3. This act to take effect from
and after its passage and shall apply to
all actions 0 pending in any of the
courts of this state; and section 3IS, as
amended by the act Of April l1th, 1856,
and original section 3I4, be and the
same are hereby repealed.
WILLIAM B. WOODS,
Speaker of the House of Reps
~ MARTIN WELKER,
President of the Senate.
April IL, 1858.