The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-11-17

payable 70 the ADVERSE party, IN eucn
sum as may be fixed by the court, and
conditioned to the effect that.the party
obtaining such second trial, shall abide
and perform the order and judgment Of
the court, and pay all moneys, costs
and damages whichsmay be required OF,
or awarded against him, consequent upon
such second trial. Sss 2
SEC. 8. That there shall be made
but and kept in the court of common
pleas second trial docket, In which
shall be eztered in their order, all causes
in which the right to second trials shall
have been perfected as herein provided,
which docket shall be called and the
causes thereon tried and disposed of uu-
der such standiog rules as the several
Judges of the court of common pleas of
the district, or a majority Of them, shall
establish. s
SEC, A. In all causes pending in the
court of common pleas, or either of the
superior courts in this state, either par
ty shall have the right to except to the
opinion of the court ona motion to direct
a non suit, to arrest the testimony from
the jury, aud also, in all cases of motion
for a new trial by reason of any supposed
instruction of the court to the jury, or
by reason hat the verdict, or in case
the Jury be waived that the finding of
the court, may be supposed to be against
Law or evidence, so that said case may
be removed by petition in error, and
when a party to a suit in either of the
aforesaid courts alleges an exception to
the opinion or order, or judgment of
such court, it shall be the duty of the
judge or judges of such court, concur.
ring in such Judgment, opinion or order,
if required by such party during the
progress of the case, to sign and seal q
bill containing such exception or excep-
tions, before the case proceeds; or. if the
party consents the signing and sealing of
such bill of exceptions may be suspend
ed until the trial Is closed, but said bill
of exceptions shall be signed and sealed
during the term, andsuch bill of except.
ions when signed and scaled, shall, If the
party desires it, be made part of the
record in such suit.
SEC S.. That section one of an act emit.
tied "An act regulating appeals to the
district court" passed March %, 1852,
be 80 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 Of this state,
to demand a trial by jury. and interlocu
tory orders dissolving ipjunctions rem
dered by any court of common pleas in
this state, in which it has original juris-
diction by any party against whom such
Judgment or order shall be rendered, or
-hn ~o- h. nRokol kI1-oA, - kIo IL,
trict court, and the action so appealed
shall be again tried, heard and decided
in the district courtin the same manner
as though the said district court had
original jurisdiction of the action.
SEC. 6. The said original section
one and section twelve of the said act
regulating appeals to the district court,
be and the same are hereby repealed ;
provided, however, that suchrepeal shall
not affect any. action in which a party
may have given notice of intention to
appeal from any judgment or order of
any court of common pleas, in which it
has become too late to apply for second
trial under the provisions of this act.
SEC. z. That it shall be the duty of
the judges of the supreme court, or a
"etSAAsJ tnCo1 III hObsA VI OCOCLL-
Der of every year, to fix and prescribe the
times for holding the terms of the dis
trict courts for the next succeeding year,
and so arrange the terms and apportion
the labor of the judges, that a judge of
the supreme court can be always present
in every district court which may be held
in the state; and a Judge of the court of
common pleas who has decided a cause
10 the common pleas, shall not sit on the
review of his own decision, inthe district
court on error, or otherwise, when there
is a quorum in the district court with
out him.
SEQ. 8. That Immediately after the
times for the terms of the district courts
shall have been fixed as aforesaid, an
accurate list of the same shall be fur
nished to the secretary of state, and the
secretary of state shall forthwith there
after 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
Judge of the court Of common pleas of
the district. And it shall be the duty of
the judges Of the common pleas in each
and every common pleas district 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.
Sec. 9. That the judges of the court
of common pleas or a majority of them
in each common pleas district, on or be.
fore the second Monday of January of
each year, shall issue their written or.
der to the clerk of the court of common
pleas of each and every county in their
said district, specifying precisely the
commencement of the term Of the dis
triet court, and of the several terms of
the of common pleas in said coun-
ty and in all the counties in said dis
trict; provided, that not less than three
terms of the common pleas court shall
be appointed for any county for which
three terms are now by law provided
They shall also, Immediately thereafter,
transmit a certified copy of said order to
the secretary of state, who shall preserve
the same among the files of his Office.
Sec 10. Whenever said order so issued
shall have been received by the clerk of
the court of common pleas in any coun-
ty, he shall Immediately enter the same
upon the journal of the court of COM
mon pleas, and also upon the journal of
the district court ia his said county, in