The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-06-12

terest IN the matter in controversy shall be call
Cd as witness and testify 10 transactions or
conversstions with party TO such action, such
party sha'l alsob be permttsdto tes ify a. 10 such
specific transactions an conversations.
I 4 In actions with q trustee Of either Of tho
classes above specified, in which the claim 0r
defense il founded on book account a party
may testify TO his account book, that the same IL
a book of original entries. that the entries in
the same were made BY himself or BY decess-
ed person, or by adisinterssted person non-resi-
at Mt OF the state at the time Of tTinl; and on
such standardization of the account book and
entries. said book and entries shall be sdmis-
sable evidence IN the csses
5 IL the deposition OF party who has died
during the pending OF n suit shall be given in
evidence on the trial of such cause. the opposite
party NAV testify as to all matters and things
contained m saio deposition and not excluded
for irreveiancy or inadmissibility.
In all actions BY or sgainet q surviving part.
ner or partners, or a surviving Joint contractor
or contractors no adverse party to a suit shall
be com ,etent witness - testify TO tran sactions
which took place with, or dhelaaations or I'D.
missions made BY the deceased partner or joint
contractor in the abs nee OF his surviving part
neT or Joint contractor.
Sec 2 That the three hundred and forty
fourth section ot said code Of civil procedure be
40 amended as TO read as follows, viz; Sec SA.s
Before taking any deposition. unless the same il
taken lder a special commission, written no.
tice shall be given 10 the adverse party, spcei-
flying the astion or proceeding, the name OF the
court or tribunal in which it is TO be used, and
the time and place OF taking. the same; sn,l in
case the deposition Of party to the suit is taken
the same shall not be used in his own behalf un.
less the notice shall also specify ha the depo-
sition TO be taken is that Of the party The no.
tice shali be served on the adverse party, his
agent or attornsy of record or left at the usual
place Of abode OF such party or his agent, and
the deposition shall only be used against such
parties as shall have been served with the no.
tice in one OF the modes prescribed The no.
tice shall be served so as to allow the adverse
party sufficient time texclusive OF Sundays, the
day of service amp one day Tor preparatory to
| travel by the usual routes and modes OF con.
veyance to the place named in the notice; and
the examina ton may ii so stated in the notice.
bS adjourned from day TO day. '
| Sec. 3. This act shall take effect and ba in
force from and sitter its passage, and shall apply
| to all suits now pending; well suits hereaf,
| ter commenced aad said sections 3l3 and 3i4
of the code oi civil procedure are hereby re-
pealed. ~, --..-... =.
Pro tenn. speaket Of the House Of representa-
| tives. - -
ROBERT c. KIRK,
President Of the senate.
Passed April 3. 1861.
| Office OF the Secretary of State
| Columbus, Ohio, March /, 1861.
| certify that the foregoing acts true copies
| from the original rolls on file in this office.
| A. P. RUSSELL, Secretary of State
| | hereby certify the foregoing 70 oe correct
| with the files in this office.
| SAMUEL KNOX, Auditor Har, Co.