Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-06-16
AN ACT

AN ACT
To ameud section two of an act entitled "An
Act to relieve the District Court and to give
greater efficiency to the Judicial System of
the State" passed April II, 1858, and sup
Elementary to said act
SECTION l Be it enacted by the General Assen,-
Uy of the State of Ohio. That section two ofsaid
acct be amended SO as to read as follows: Sec.
2. ANY person desirousof such second trial, as
provided for in the proceeding section, shall, at
| the term of the court at which Judgment was
| rendered, enter on the records of the court no.
| tice of his demand for such second trial; and
enter into an undertaking within the time here
matter limited with security to the satisfaction
of the clerk of the court payable to the adverse
party, in such sum as may be fixed by the
court and conditioned to the effect that the par
| ty obtaining such second trial shall abide and
| perform the order and judgment of the court,
and pay all moneys, costs and damages which
may be required or awarded against him, con-
sequent upon such second trial; provided, that
in no case shall administrators, executors on
guardians, who may have given bond in this
state, with sureties according to law, be COM
PEELED to enter into an undertaking in order to
be entitled to q second trial as above provided.
Sec. 9. That said original section two be
and the same is hereby repealed.
d.
OF the records of the court of party's demand
of second trial under the provisions of the act
Sec. 5. If the opinion of the court shall be
adverse to the allowance the second trial eth
er party may appeal to the district court from
the Judgment rendered in the case, by giving
notice thereof and entering into an appeal bond
agreeably to existing statutts
TO which this act is amendatory and supple
mentary, such second trial shall not be allowed
unless the court is of opinion that the case is one
in which a trial by jury may be demanded by
either party.
See. A. The opinion of the court allowing or
disallowing second trial, shall be entered upon
the journal of the court, aud. if in favor of the
allowance ofa second trial, then the undertaking
required by the second section of said act as
amended, shall be entered into within thirty
days after the entry of said allowance.
Sec. 6. If the order of the court adverse to
the allowance of the second trial, shall be re-
versed upon error by the district court; if the
action shall be applealed and the appeal be dis
missed on the ground that second trial should
have been annowed, then and in either case the
action shall be remanded to the court of COM
mon pleas, and the party or parties on whose
petition the said order was reversed, or the par
ty or parties who may have appealed such ac
ton, as the case may be, may, at the term Of
the court at which the mandate is received,
enter on the wcords of the court his demand
for second trial; and thereupon such action
shall be proceeded in all respects, as if said
Judgment, SO reversed, had been rendered at
said term.
See. Z. If the order of the court allowing
a second trial shall be reversed for error therein
by the district court, then said action shall be
retained for trial by the last named court as up
on appeal, and the last mentioned court shall
fix the amount and condition the undertaking
to be given to be given to obtain such trial, for
the party or parties who may request it; and
thereupon the party or parties desiring such
trial shall, within thirty days from the time of
the entry of the reversal of the order allow such
second trial, enter into an undertaking in the
amount and condition prescribed by the dis
trict court to the acceptance of the clerk there
Of, which shall be filed in the Office of the said
clerk; and thereupon such action shall be pro-
ceeded in, in all respects. as if the same had
been originally appealed on notice regularly
entered and Undertaking given pursuant to the
act regulating appeals to the district court.
See g. In all cases where the party against
whom Judgment is rendered obtaies second
trial under the act to which this act is amend
atory and supplementary, the lien of the op-
posiie party en the real estate of the party so
attaining such second trial created by said
Judgment, shall not be by the obtaining of such
second trial removed or vacated, but the real
estate Of the party 50 obtaining such second
trial shall be found in the same manner as if
said secon trial had not been demanded until
the final termination Of the cause.
| Sec. 9. This act shall take effect On the 18th
day of April next.
| WILLIAM B. WOODS,
Speaker of the House of Representatives.
MARTIN WELKER, =,
| President Of the Senate.
March 81, 1853.