The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-06-20

in relation TO -suoh contract and the making
thereof, and relation to any conversations OF
transactions between himself and such agent,
testified to by the agent.
8. 10 actions with trustee of either of
the classes above specified, in which any ad.
verse party, or any other person having a di-
rect interest in the matter in controversy shall
be called as a witness and testify TO transao
. tons OF conversations with party to such &C
ton, such party shall also be permitted to tes'
tily as to such specific transactions and con-
veTsations.
A. In actions with trustee OF either of the
classes above specified, in which the claim or
defense is founded on book account, party
may testify to his account book, that the same
is book Of original entries, that the entries
in the same were made by himself or by de-
ceased person, or by diSinteIested person
non resident Of the state at the time Of trial;
and on such authorization Of the account
book and entries, said book and entries shall
be admissible evidence in the case.
s. II the deposition Of a party who has
died during the pending Of suit shall be Civ
en- in evidence on the trial Of such cause. the
opposite party may testify as to all matters and
| things contained in said deposition and not ex-
| cluded for iTreleVancy or inadmissibility.
In all actions by or against surviving part.
ner or partners, or a surviving joint contractor
| or contractors, no adverse party to the suit
shall be a competent witness to testify TO
transactions which took place with, or deca-
rations or admissions made by the deceased
partner or joint contractor In the absence oil
lis surviving partner or joint contractor.
SEC. 2. That the three hundred and forty
fourth section of said code Of civil procedure
be so amended as to rebd as follows viz Sec
344. Before taking any deposition, unless the
same is taken under a special commission
written notice thereofShal be given to the ad'
verse party, specifying the action or proceed
ing, the name of the court o. tribunal in which
it is to be used, and the time and place Of ia
| king the same; and in case the deposition Of
party to the suit is taken, the same shall no
, be used in his own behalf unless the motto,
shall also specify that the deposition to be ia
ken is that of the party. The notice shall b.
! served upon the adverse party, his agent or at
t toTney OF record or left at the usual place o
abode Of such party or his agent, and the depo
I siion shall only be used against such partie
I as shall have been served with the notice i
one Of the modes prescribed. The notice sha
be served so as to allow the adverse part
g sufficient time exclusive Of Sundays, the de-
. ofservice and one day for preparationl to tTavt
0 by the usual routes and modes of conveyanc
d to the place named in the notice; and the eS
Il animation may, if so stated in the notice, l.
r adjourned from day to day
e SEC. 3. This net shal, take effect and i
q in force from and after its passage, and sha
If apply to all suits now pending, as well as sui
e hereafter commenced, and said sections 81
It and 344 of the code OF civil procedure al
O hereby repealed.
d g ED. A. PARROTT, Speaker
!. pro- tenn. Of the House Of Representative
4 ROBERT G. KIRK,
d President of the Senate.
n Passed April 8, 1861.