The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1858-05-13

ceptions when signed and sealed, shall,
if the party desires it, be made part Of
the record in such suit.
SEC. 5. That section ! Of an act en- .
titled ian act regulating appeals to the
district court" passed March %, 1852,
be so amended as to read as follows
That appeals may be taken from all final
judgments, orders or DEGREES in civil ac-
tions, in which the parties have not the
right, BY virtue Of the laws oe this state,
to demand trial by jury, and interlocu.
tionary orders dissolving injunctions
rendeTe4 Er5 gnv'oourt ofcommon pleas
IGftrs,an .-''-L , "a i lit has original juris-
dlfoias and Hard. against whom said
Ijuy o., grls1zahall be rendered, or
vtotnA - e-ec.e thereby, to the dis
trlc, court, and the action 50 appealed
shall be again tried, heard and decided
IN he district court in the same manner
hough the said district court had or
! leual jurisdiction Of the action.
Section 6. The said original sections one
and twelve Of the said act regulating appeals
TO the district court, be and the same are here
by repealed Provided, however that such re-
peal shah not effect any action now pending
in the District CoeNnRr any action in which
a psrty may =, notice of intention
To appeal fr0 ent or order of any
court Of comICy t. ", in which 1t has be-
come too late to = VI !" HH"' a second trial under
the provisions Of tii,s act
Section 7. That it shall be the duty Of the
judges Of the Supreme Court or a majority Of
them, in the monthof December Of every year,
to fix and prescribe the times for holding the
district courts for the next succeeding year,
ard 50 arrange the terms and apportion the
labor Of the judges, that judge ofthe supreme
court can always be present in every district
court which may be held in the State and
judge Of the court Of common pleas who has
decided cause in the common pleas, shall
not set on the review of his own decision, in
the district court on error, or otherwise, when
there is a quorum in the District Court with
out him.
Section 8. That Immediately after the
times for the terms of the district courts shall
have been fixed as aforesaid, an accurate list
jt the same shall be furnished to the secrets-
ry Of State and the secretary of state shall
forthwith thereafter cause copies of the list OF
the terms Of the district courts so fixed for
each judicial district TO be made out, and one
copy thereof to be forwarded to each judgeef1
the common pleas of the district. And IL
shall be the duty of the judges Of common
pleas in each and every common pleas dis
trict in the state to fix the times for The terms
Of the court Of common pleas in each Of the
counties in their respective districts SO as not
to conflict with the terms Of the district
courts, fixed and arranged as aforesaid By the
judges of the supreme court.
t3ection 9. That the judges of the court Of
common pleas or majority Of them in each
common pleas district, on or before the second
Monday of January of each year, shall issue
their written order to the clerk Of the court Of
common pleas of each and every county in their
said district, specifying precisely the commenc-
ment of the terms of the district court and Of
the several terms of the court of common pleas
in said county and in all the counties in said
district; Provided, that not less than three
terms of the common pleas court shall be ap-
pointed for any county for which three terms
are now by law provided they shall also iras.
mediately thereafter transmit certified copy
Of said order to the Secretary of State, who
shall preserve the same among the files Of his
Office.
Section 10. Whenever said order so issued
shall have been received by the clerk of the
court Of common pleas of any county, he shall
enter the same upon the journal
of the court Of common pleas, and also upon
the journal of the district court in the said
county, in the same manner as other entries
when required are made upon said journals
during vacations Of said court, and said en-
tries shall be full and sufficient evidence Of
the legal terms for holding said courts as
therein ordered. The said clerk SHALL also,
cause copy of said order, certified by him, to
be published for four successive weeks in one
or more newspapers Of general circulation in
his said county. The first publication of the
same shall be in the first week in the month
next ensuing the date Of said order.
Section II. The courts named in this act
shall be held for every year in each judicial
district, at the times fixed and ordered by the
judges, in accordance with the foregoing pro-
visions, any est or ect to the contrary not
provided, that nothing herein
shall have reference to or control
the holding Of courts in the year one thousand
eight hundred and fifty y-eight.
Sec. l2. If from any causeth occur a fall !.
ure to hold the prescribed term Of .nedmp u
court in any county, it shall be the duty 81.
common pleas judges of the district, or =
iority of them on conference with one.
Of the judges of the supreme court T.
and hold, within the same year, a sd
Of the district court in such coun
for the want Of time err 5snef F5ad 2
cause, the business of the district court in any
,onnty cannot be disposed of at the regular !,
ierm thereof, il shall be lawful fol the judges
If said court, whenever, in their opinion, the
business is of sufficient importance, to appoint
md hold special term of said court in such
,ounty. Thirty days previous notice Of the
holding Of said special terms shall be given in
he county wherein the same are ordered to be
leld.
Section 13. That sections one, two, three,
our, five, six and seven of the act entitled ian
let to authorize the judges Of the court Of
common pleas of each judicial district to fix
permanently the times for holding
he courts of common pleas and district
ourts therein" passed March Goth. 1866, and
lso sections five hundred sixty-two and five
hundred sixty-three of an act entitled tan act
o establish code Of civil procedure passed
darch lltb, 1853. be, and the same are here
y repealed.
aSaGkon IA. This act shall take effect from J
It's passage. -.