ABBREVIATIONS. Bull. .Weekly Law Bulletin, formerly Weekly Cincinnati Law Bulletin. C. C. R.....Circuit Court Reports of Ohio. C. S. C. R..Cincinnati Superior Court Reporter. D...... H.. Rec. T. W. Disney's Cincinnati Superior Court Reports. Tappan's Reports. ... ....Wright's Nisi Prius Reports. W. L. G....Weekly Law Gazette. W. L. J....Western Law Journal. (xxxii) TITLE I. DIVISION I. CHAPTER I. PROVISIONS PRELIMINARY AND MISCELLANEOUS. 24947. Interpretation of words. In the interpretation of Part Third, unless the context shows that another sense was intended, the word "person" includes a private corporation (1); "writing" includes printing; "oath" includes affirmation; "of unsound mind" includes every species of mental deficiency or derangement; "bond includes an undertaking; "and" may be read "or," and "or" read "and," if the sense requires it; words in the present include a future tense, and in the masculine gender include the feminine and neuter genders; and words in the plural include the singular, and in the singular include the plural number; but this enumeration shall not be construed to require a strict construction of other general words in this part. [83 v. 74.] 1. 43 O. S. 257. 4948. Construction of code. The provisions of this part, and all proceedings under it, shall be liberally construed (1), in order to promote its object, and assist the parties in obtaining justice; and the rule of the common law, that statutes in derogation thereof must be strictly construed, has no application to this part; but this section shall not be so construed as to require a liberal construction of provisions affecting personal liberty, relating to amercement, or of a penal nature (2). [51 v. 57, 22; S. & C. 940.] 1. 10 O. S. 452; 13 O. S. 219; 14 O. S. 417, 422; 17 O. S. 225; 43 O. 8. 78. A pleading containing inconsistent statements is to be construed against the pleader, 29 O. S. 651, 655. See 39 0.8. 57, 58; 42 O. S. 625; 1 O. S. 478; 2 O. S. 1. 2. 20 0.7; 1 O. S. 15; Id. 422; 14 O. S. 213; 38 O. S. 659. ? 4949. Power of deputies. A duty enjoined by statute upon a ministerial officer, and an act permitted to be done by him, may be performed by his lawful deputy. [51 v. 57, % 595; S. & C. 1130.] A deputy clerk may sign summons in his own name, 15 0. 288, 566. A deputy clerk of the probate court can administer an oath, 25 O. S. 21, but not after his term of office, 39 O. S. 496; may be a female and need not be an elector, Id. A deputy sheriff can execute a sheriff's deed, 4 O. 88; it must be in the name of the principal, 9 O. 151; but an acknowledgment of such deed by a deputy after the death of the sheriff is void, Id. Α deputy sheriff can call bystanders, 35 O. S. 421, but can not act in selecting a struck jury, Id. A sale upon order for sale under a decree in chancery could be made by a deputy sheriff, 16 O. 563. ? 4950. Form of oath. A person may be sworn in any form he deems binding on his conscience. [51 v. 57, 22 331, 596; S. & C. 1130, 1040.] 10 O. 121. 24951. How time computed. Unless otherwise specially provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last (1); and if the last be Sunday, it shall be excluded (2). [51 v. 57, 2597; S. & C. 1130.] 1. 20. 297, 299; W. 513. The section does not apply in computing the time to advertise notice of sale on execution, 25 O. S. 186. 2. 7 O. S. 198. The section is applicable to justice's code, 9 Rec. 634, but was not prior to the revision, 29 O. S. 155. See 223176, 3177, as to commercial paper. 24952. Justification of sureties. A court, or an officer, authorized by law to approve a surety, may require such person to testify, orally or in writing, touching his sufficiency; but this shall not, in itself, exonerate the officer in an action for taking insufficient surety. [51 v. 57, 599; S. & C. 1130.] 4953. Qualifications of sureties. Sureties must be residents of this state, and worth, in the aggregate, double the sum to be secured, beyond the amount of their debts, and have property liable to execution in this state equal to the sum to be secured. [51 v. 57, 2600; S. & C. 1130.] A non-resident would, if accepted, doubtless be liable, 6 O. 428. 4954. Provisions concerning process. Process shall be under the seal (1) of the court from which it issues, be styled "The State of Ohio, County," be signed by the clerk (2), and bear date the day it is actually issued. [51 v. 57, 2 581; S. & C. 1128.] 1. 6 O. 11; Const. Art. 4, Sec. 20. A slight impression presumed to be a seal after the lapse of years, 15 0. 735, 752. Private seals are abolished, 80 v. 79; 81 v. 198. 2. Or deputy, 15 O. 288. 4955. When publication may be made in another county. When it is provided by statute that a notice shall be published in a newspaper, and no such paper is published in the county or other place mentioned, or, if such paper is published there, and the publisher refuse, on tender of his usual charge for a similar notice, to insert the same in his newspaper, then a publication in a newspaper of general circulation in the county or other place mentioned shall be sufficient. 2 4956. When special provisions shall govern. Where in part three of this revision special provision is made as to service, pleadings (1), competency of witnesses, or in any other respect, inconsistent with the general provisions in this title, the special provision shall govern, unless it appear that the provisions are cumulative (2). 1. 11 Bull 294. 2. See 43 O. S. 390, 394. Where a statute gives a new remedy without impairing or denying one already known to the law, the rule is to consider it cumulative, 15 O. 65, 71. CHAPTER II. SPECIFIC DUTIES OF CERTAIN OFFICERS. ? 4957. Books to be kept by clerk. The clerk of the court of common pleas shall keep at least five books, to be called the appearance docket, trial docket, and printed duplicates of the trial docket for the use of the court and the officers thereof, journal record, and execution docket, and an index to the trial docket and the printed duplicates of the trial docket and journal direct, and to the appearance docket, record and execution docket direct and reverse. [86 v. 174.] 2 4958. Entries on appearance docket. The clerk shall enter on the appearance docket, at the time of the commencement of an action or proceeding, the names of the parties in full, with names of counsel, and forthwith index the case, direct and reverse, in the name of each plaintiff and defendant; he shall also enter, at the time it occurs, under the case so docketed, the issue of the summons, or other mesne process or order, and the filing of each paper; and he shall record in full the return on such writ or order, with the date of its return, to the |