of the proceedings, upon being paid therefor by the party requesting it. [51 v. 57, 393; S. & C. 1057.]

? 5339. Index to judgments. The clerk shall keep an index, direct and reverse, of all judgments, by names of parties alphabetically arranged, showing, in separate columns, the name of the judgment debtor, the name of the judgment creditor, the amount of the judgment, and the year and term when it was rendered, the page of the journal on which it is entered, the volume and page of the final record, the number of the suit, the number and the time of issue of the execution, and satisfaction thereof, when it appears to have been made. [34 v. 45, ? 1; 36 v. 15, ? 1; S. & C. 1280, 1281.]

See 2 5424.

5339a. Court may order general index when none has been made. Fees of clerk. In any county where a sufficient general index has not at any time heretofore been made, an index such as is required by said original section [2 5339] may be made by the clerk, to be appointed by the court of common pleas of such county, if said court is of the opinion that the same is needed, and it orders the same to be made. Application for such order, specifying the period of time such index is designed to cover, may be made by the clerk of said court. The clerk making such index shall receive the same fees for making the same as is now provided by law for making indices to judgments to be paid out of the county treasury in the same manner as the fees specified in ? 1261. [80 v. 216.]

5339a. How lost or destroyed record supplied or replaced. Whenever the record required by law of the proceedings, judgment, or decree in any action, or other proceeding of any court in this state, in which a final judgment has been rendered, or any part thereof is lost, or destroyed by fire, riot, or civil commotion, such court may, upon the application of any party interested therein, grant an order authorizing such record, or part thereof, to be supplied or replaced:

1. By a certified copy of such original record, or part thereof, when the same can be obtained.

2. By a duly certified copy of the record in the supreme court of such original record of any action or proceeding that may have been removed to the supreme court, and remain recorded in said supreme court.

3. By the original pleadings, entries, papers, and files in such action or proceeding, when the same can be obtained.

4. By an agreement in writing, signed by all the parties to such action or proceeding, their representatives or attorneys, that a substituted copy of such original record is substantially correct. [81 v. 160.]

The act to supplement 5339 is made applicable to justice's and mayor's courts, 85 v. 207. There is no appeal or proceeding in error from the order of any court in relation to the restoration of any lost or destroyed record, document, or other writing, 81 v. 165, 166, and the remedies and rules of evidence provided by the act are cumulative to those already provided by law, Id.

5339b. Id. In cases not provided for by 25339a. Whenever the record required by law, or any part thereof, of the proceedings, or judgment, or decree in any action, or other proceeding of any court in this state, in which the final judgment has been rendered, is lost, or destroyed by fire, riot, or civil commotion, and such loss can not be supplied or replaced as provided in 2 5339a, any person or party interested therein may make a written application to the court to which said record belongs, setting forth the substance of the record so lost or destroyed, which application shall be verified in the manner provided for the verification of pleadings in a civil action, and thereupon summons shall issue, and actual service, or service by publication, shall be made upon all persons interested in or affected by said original judgment or final entry, in the manner provided by law for the commencement of civil actions, provided the parties may waive the issuing or service of summons and enter their appearance to such application; and upon the hearing of such application, without further pleadings, if the court finds that such record has been lost or destroyed, and that it is enabled by the evidence produced to find the substance or effect thereof material to the preservation of the rights of the parties thereto, it shall make an order allowing a record, which record shall recite the substance and effect of said lost or destroyed record or part thereof, and the same shall thereupon be recorded in said court, and shall have the same effect as the original record would have if the same had not been lost or destroyed, so far as it concerns the rights of the parties so making the application, or persons or

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parties so served with summons or entering their appearance, or persons claiming under them by a title acquired subsequently to the filing of the application. [81 v. 160.]

25339c. Id. Evidence to effect restoration. Upon the hearing of the application provided in? 53396, the court may admit in evidence any complete or partial abstract of such record, docket entries, or indexes, and any other written evidence of the contents or effect of such records and published reports concerning such actions or proceedings, when the court is of opinion that such abstracts, writings, and publications were fairly and honestly made before the loss of such records occurred. [81 v. 161.]

25339d. Id. Proceedings in error or appeal. Whenever a lost or destroyed judgment or order is one to which either party has a right to a proceeding in error or appeal, the time intervening between the filing of the application mentioned in section 53396, and the final order of the court thereon, shall be excluded in computing the time within which a petition in error may be filed or appeal taken as provided by law. [81 v. 161.]

2 5339e. Costs of restoring lost records. Order for such restoration. The costs to be taxed upon an application to restore a lost or destroyed record, shall be the same as provided for like services in civil actions. Where the record is lost, or destroyed by fire, riot, or civil commotion, or other cause, the cost of replacing and restoring the same, as provided in 2 5339a and 53396, shall be paid out of the county treasury, by order of the court. And in any case where original papers and records have been saved from such destruction, riot, civil commotion, or other cause, and the appearance dockets have been destroyed, and in cases where such records saved should be recopied, the court may order that the clerk of the courts restore such original papers upon the appearance docket, the recopying of the records, the replacing of the appearance dockets, indexes thereto, and such matters as the court shall deem necessary, and the costs thereof shall be made the same as are provided for like services in civil actions, and shall be paid out of the county treasury, by the order of court, to be paid into the fee fund as other fees. Whenever the county commis

sioners and the clerk of the courts, or a majority of them, shall be satisfied that any company or persons shall have true copies of any records they shall deem necessary to restore, the commissioners of Hamilton county, in conjunction with the clerk of the courts of said county, be, and they are hereby, authorized to purchase from any company, persons, or person, having true copies of such records, copies of such books, or of so much thereof as they may deem necessary or useful, which copies shall be transcribed by the clerk to the record books provided for that purpose in his office. Such books shall be carefully compared with the original books of any such company, person, or persons, having the same, in such manner as the clerk may direct; and on the last page of such books the person or persons making such comparison shall make and subscribe an affidavit to the fact of such comparison having been made, and that such book contains true copies of the original abstracts. The said books shall be kept by the county clerk as other records in his office, and thereafter they, and properly certified transcripts therefrom, shall be prima facie evidence, in all courts of the state, of the truth of the matter therein set forth. The commissioners, without the approval of the board of control of said county, for the purpose of defraying the expense of said purchase, shall draw their warrants upon the county treasurer, which shall be paid from such fund as said commissioners shall designate. [82 v. 240; 81 v. 161.]

2 528a, b, c, provide for the restoration of the records of the probate court. 22 907, 907a, b, c, d, relate to the restoration of records affecting real estate. 22 4935a, b, c, of road records.

CHAPTER V.

JUDGMENT FOR COSTS, AND ITS ENFORCEMENT. ? 5340. When plaintiff must give security for costs. The plaintiff, if a non-resident of the county in which the action is brought, or a partnership suing by its company name, must furnish sufficient security for the costs. The surety must be a resident of the county and approved by the clerk, and his obligation shall be complete hy indorsing the summons, or signing his name on the petition as surety for costs; he shall be bound for the

payment of all costs which may be adjudged against the plaintiff in the court in which the action is brought, or in any other court to which it may be carried, and for all costs which may be taxed against the plaintiff in such action, whether he obtained judgment or not. But the plaintiff may deposit with the clerk of the court such sum of money, as security for costs in the case, as, in the opinion of the clerk, will be sufficient for the purpose; and the clerk may, on motion of the defendant, and if satisfied that such deposit is not sufficient, require the same to be increased, or personal security to be given. Provided, that the provisions of this section shall not apply to re-enlisted veteran volunteers, who are seeking to avail themselves of the provisions of an act "to authorize and require the payment of bounties to veteran volunteers," passed April 16, 1867, and amended April 16, 1880. [86 v. 353; 85 v. 306.]

Security for costs must be demanded before the case is called for trial, T. 134. The want of security for costs can not be assigned as error, 2 O. 259; T. 133. A surety may become such by appearance and approval of court, 7 O. S. 309. His liability begins with the undertaking and ends with the termination of the action, 9 Rec. 58; 5 Bull 501. The writ may be indorsed for costs after return, so as to bind him, 18 O. 240. Under a previous amendment the surety of a non-resident for costs was only liable for such costs as the defendant might recover against the plaintiff and for the costs of the plaintiff's witnesses, 15 O. S. 178 (1864). There is no mode of release provided by the statute, and without consent of the defendant the surety can be saved from future liability only by dismissal of the action, 9 Rec. 58; 5 Bull 501. Moving for new security is not a waiver of the right to object to the discharge of the original surety unless such security is given, Id.

25341. When action may be dismissed for want of security for costs. If security for costs be not given in a case mentioned in the preceding section, the court shall, at any time before the commencement of the trial, on motion of the defendant, and notice to the plaintiff, dismiss the action, unless in a reasonable time, which may be allowed by the court, security be given. [51 v. 57, ? 544; S. & C. 1116.]

25342. Security required, if plaintiff become nonresident. If the plaintiff become a non-resident of the county in which the suit is brought, during its pendency, he may be compelled, in the manner stated in the two