Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-04-26
/ 4 WIS OF OHIO
RY AUTHORITY.

No. $50 ~ AN ACT. as,
10 amend section two of an act entitled
"An Act To relieve the District Cour,
and to give greater efficiency to the
judicial System of the Saie," passed
April ~, 1858, and supplementary To
said act.
SECTION /. BE IL enacted By tie General
assembly of Me State II Ohio, That sec
tiUn Two ot said Act be amended So rs 10
read MS follows: Sec 2. Any person
drsirous Of such second trial, as provided
for in the preceding lection, shall, at the
term oi the court nj which judgment was
rendered, enter on the records Of the court
notice Of his demand for such second trial (;
and shall enter into an undertaking within
the time hereinafter 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 con-
dilioned to the effect that the party obtain
ing such second trial shall abide and per-
Iorm the order and judgment Of the court,
and pay all moneys, costs AMI damages
which may be- required or awarded against
him, consequent upon such second trial;
provided, that in no case shall adminlstra-
tors, executors or guardians, who may
have given bond in this state, with sureties
according to law, be compelled to enter
into an undertaking in order to be entitled
TO second trial AS is above provided.
Sec. 2. That said original section two
be and the same is hereby repealed.
Sec. 3. That whenever notice is entered
upon the records OF tho court of party S
demand of seconI trial under the provis-
ions of the act to which this act is amend
atoIy and supplementary, such second triai
shall not be allowed unless the court is Of
opinion that the case is one in which trial
by jury may be demanded by either party.
Sec. 4. The opinion of the court allow
ing or disallowing secopd trial, shall be
entered upon the journal of the court, and,
if in favor Of the allowance of second
trial, then the undertaking required by
the said second section of said act, as
amended, shall be entered into within
thirty days after the entry of said allow
ance.
Sec. s. If the opinion Of the court shall
be adverse to the allo vance of the second
trial, either party may appeal to the dis
trict court from the Judgment rendered in
the case, by giving notice thereof and en-
tering into an appeal bond agreeably to
existing statutes.
Sec. g. If the order of the court adverse
to the allowance of the second trial, shall
be reversed upon error by the district
court, or if the action shall be appealed
and the appeal be dismissed on the ground
that second trial should have been al
lowed, then and in either case the action
shall be remanded to the court of common
pleas, and the party or parties on whose
petition the said order was reversed, or the
party or parties who may have appealed
such action. as the case may be, may, at
the term of the court at which the mandate
is received, enter on the records of the
court his demand for a second trial; and
thereupon such action shall be proceeded
IN, in all respects, as if said judgement, SO
reversed, had been rendered at said term.
Sec. 7. 1t the order of the court allow
ing second trial shall be reversed for
error therein by The district court, then
said action shall he retained for trial by
the last named court as upon appeal, and
the last mentioned court shall fix the
an cunt and condition of the undertaking,
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 allowing such second trial, enter
INTO an undertaking in the amount and
condition prescribed by the district court,
10 tie acceptance Of the clerk thereof,
which shall be filed in the Office of the
said clerk; and thereupon such action shall
be proceeded III, in all respects, as if the
same had been originally appealed on no.
lice regularly entered and undertaking
given pursuant to the act regulating ap-
peals to the district court.
Sec. 8. In all cases where the party
against whom judgment is rendered OBJ
Lans a second tlial under the act to which
this act is amendatory and supplemental
the lien Of the opposite party on the real
estate of the party SO obtaining such sec
ond trial created by said judgment, shall
not be by the obtaining Of such second
trial removed or vacated, but the real estate
of said party so obtaining such second
trial shall be bound in the same manner as
If said second trial had not been d manded
until the final determination of the cause.
Sec. 0 This act shall take effect on the
! 5th day of April next.
WILLIAM 3. WOODS,
Speaker of tie House of Representatives.
MARTIN WELKER,
President of the Senate.