Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-06-06

mo Al AN ACT
10 amend sections 323 aud 3l o the code OF civil procc
durc.
Section |, We ii enacted by the General Assembly o
the State U Ohio hu section three hundred aud thirteen
OF the code OF civil procedure be amended read u,
follows tn wit: See. 3l3 No pnry a civil action shnl
he allowed iolcsiy by ylrtuco section three hunrcdunl
ten IN any action when the adverse party the guardian
o child or children OF deceased person, ofan idiot
or OF hnac, or OF deaf aud dumb person. is the \
ecuor administrator of II deceased person. cXccpt in
the following eases, namely:
l. In nctons with an executor administrators or gunr.
lnn ol infants us above specified party may testify Ia
nCs which occurred after the death ol the dcccdcut OF
parent.
In actions upon contracts mnhe by deceased persons
through agents. ud In which the agent shall testify mar.
y may testify io all that tronsprcd between him aud the
agent IN relation To such contract nnd the making thereof
and IN relation To any conversations transactions be-
tween himself and such agent testified To by the agent
nuctons with trustee olcither oi,he classes above
specified in which uny adverse pnry any other person
having direct interest in the matter in controversy shall
hu called us witness and testify transactions or cor
versnons with pnrty To such action such party shall
also be permitted To TESTIFY as such specific transactions
and conversations.
In actions with Of either OF the classes above
specified, in whicte CLAIM ordelcnsc founded book
account parry may testify 10 his account book that the
snne book oi original entrees that the entries in the
were mnde by himself or by deceased person. or
by dsinorcsed person NONRESIDENT Of the state al the
time of trial. and on such nuienIicaiion OF the account
book and entries sndbook und entries shall be admissible
evidence In the cnse.
g. II the deposition OF party who has died during the
pending oil suit shall be given in evidence the trial OF
such cause, the opposepprty muy testify us 10 all nllcrs
aud things contained IN said deposition and excluded
for irrecvuncy or inndinissibiiy.
In a actions by against surviving partner or pnrt-
nors or surviving ot contractor or contractors nd
party to the suit shall he competent witness To ties.
tfy transactions which took place with cluraous
oramissons made by the decenscd partner Joint CON
tractor IN the absence oi his surviving partner or joint con-
tructar.
Nee O. That the three hundred and forty fourth section
OF sud code o civil procedure bo so amended us To rrul
follows, vli See 3it Before taken any deposition,
unless the same stnken under special commissions writ,
ten notice thereof shall be gvento the adverse party spec
flying the action or proceeding, the name OF the court
tribunal (which II is TO he used aud the time and place
oi taking the same and in tho deposition OF party
TO the sui, Is nkcn the shall not be used in his own
behalf unless the notice shall also specify thai the deposition
be taken that o the party The notice shall be served
upon the adverse pnry his agent attorney OF record
left ut the usual place oI abode OF such party his ugr
aud the deposition shall only he used against such pn rites
us shall have been served with the notice In one OF the
modes The notice shall be served so US to allow
the adverse party sufficient time exclusive OF Sundays
the duy OF service and dny for preparaton to trny
ell by the usual routes and modes of conveynnce the
place named In the notice; and the ex animation may,
stated In the notice be adjourned from day To day.
Sec g. This act shall iake effect and be In force from
ing well suits hereafter commenced aud said sec
lions 3l and 3ii OF the code Of civil procedure hereby
repealed ED. A PARROTr
Speaker pro tenn Of the House OF Representatives.
ROBERT G, KIRK,
President OF the Senate,
Passed April ., 1851
AUDITORS OFFICE,
ST. ClAiRsvILLk June 3, 1851 (
hereby certify TINT have compared the foregoing
laws with copy furnished me by the Secretary OF Stnte
| and that hndt them correctly copied