« ForrigeFortsett »
Petition when taken aS COnfeSsed.
WritS Of ne exeat and injunction, by whom and when to be allowed, et C.
rer shall be thereafter received, but the defendant shall answer the allegations of the petition, and if the complainant shall not proceed to apply to, or set for hearing, any plea or demurrer be. fore the second day of the term next after filing the same, the petition shall be dismissed of course, with costs; upon a plea or demurrer argued and overruled, costs shall be paid, and the defendant shall answer within two months after, but if adjudged good, the defendant shall have his costs, and if any defendant after a plea or demurrer shall have been overruled, shall refuse to answer, the petition shall be taken as confessed and the matter thereof decreed.
Sec. 6. And be it further enacted, That the supreme court, or any court of common pleas in session, or any judge of the supreme court, or presiding judge of the courts of common pleas in vacation, may grant writs of me ea'eat to prevent the departure of any defendant out of the state, until security be given for performing the decree, and writs of injunction to stay execution of judgments obtained in any of the courts of law: Provided, That writs of né eaedt shall not be granted but upon a petition filed and affidavits made to the truth of its allegations, which being produced to the court in term time, or the judge in vacation, such writ may be granted or refused as shall seem just, and if granted, ne shall direct to be endorsed thereon in what penalty bond and security shall be required of the defendant, and if the defendant shall by answer satisfy the court that there is no reason for his restraint, or give sufficient security to perform the decree, the writ may be discharged: And provided also, That no injunction shall be granted to stay proceedings in any suit at law, unless the court, in term time, or the judge in vacation, shall be satisfied of the plaintiff's equity, either by affidavit that the allegations in the petition are true, or by other means; and where any injunction shall be granted, the clerk shall endorse on the subpoena that the effect thereof is to be suspended until the party obtaining the same shall give bond, with sufficient security, in the office of the clerk of the court in which the judgment to be enjoined shall have been obtained; and the party obtaining the injunction shall then enter into bond, with sufficient security, and file the same in the clerk's office of that court in which the proceedings at law were had, for paying all money and costs due, or to become due to the other party in the action at law, and also all such costs as
NATH. MASSEE, Speaker of the senate. February 17th, 1804.
An act, providing for the erection of public buildings.
Sec. 1. Be it enacted by the general assembly of the state of Ohio, That there shall be erected and established in each and every county, not having the same already established therein, whenever the commissioners may deem it necessary, a good and convenient court house and a strong and sufficient jail or prison, for the reception and confinement of debtors and crimimals, well secured by timber, iron bars, grates, bolts and locks, and also a pillory, whipping post, and so many stocks as may be necessary for the punishment of offenders; and every jailso to be erected, shall consist of not less than two apartments, one of which shall be appropriated to the reception of the debtors, and the other
To give notice of sale, etc.
Lowest bidder to be the purchaser, to give bond.
shall be used for the safe keeping of persons charged with or convicted of crimes.
Sec. 2. And be it further enacted, That every court house and jail so to be erected as aforesaid, shall be formed of such materials and of such dimensions, and on such plans as shall be directed by the commissioners of said county, who are hereby authorized to plan and project the same, and to accept as a gift, or to purchase for the use of the county, so much ground as they may judge convenient and necessary whereon to build, all or any of the structures aforesaid, which purchase money shall be defrayed by the county.
Sec. 3. And be it further enacted, That when the said commissioners shall deem it expedient to proceed to erect any of the buildings afore. said, they shall advertise the same at least thirty days, in three of the most public places in said county, stating in such advertisements the day they will attend at the places of holding courts in said county, at which time and place the said commissioners shall proceed to set up the aforesaid buildings at public auction, the lowest bidder shall be the purchaser, who shall enter into bond, with approved security, to the commissioners and their successors in office,