The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-06-01
Spirit Of 9emotratp.
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

ers in certain countless passed February !
14thr 1850.
Section l. Be it enacted By the General As
senbly of the State of Ohio That section four of
IN act, entitled an act to authorize the making
Of real estats indexes, and further to prescribe
the duties Of county commissioners and re-
ecfters in certain counties, be so amended as
to rexd as follows: Sec. 4. For every entry in
such general index Of any lot piece or parcel
Of land, the recorder shall be allowed the sum
of ten cents, to be paid by the person leaving
such instrument Of conveyance or transfer for
secord.
Sec 8, This act shall take effect from and
sitter its passage.
Speaker Of the House of Representatives.
MARTIN WELKER,
President of the Senate.
No. 1901 AN ACT.
70 amend 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 ~, 1858, and sup
Elementary to said act.
Section 1. Be 1t enacted by the Gen.
eral assembly of the State Of Ohio, That
section two Of said act be amended so as to read
- follows: Sec. 2. Any person desirous of
such second trial, as provided for in the pre-
seding section, shall, at the term of the court
Ut which judgment was rendered, enter on the
records of the court notice of his demand for
such second trial; and shall enter into an uu-
dertaking 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 condi-
tened to the effect that the party obtaining such
second trial shall abide and perform the order
snd judgment of the court, and pay all moneys
Il. Il - .,,a1o
awarded against him, consequent upon such
second trial provided, that in no case shall ad-
ninistrators, executors or guardians, who may
have given bond in this state, with sureties ac-
sording 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the sameis hereby repealed. s..
Sec. 3. That whenever notice is entered upon
the records of the court Of partys demand of
. second trial ander the provisions of the act
to which this act is amendatory and supplement
tary such second trial shall not be allowed un-
less the court is Of opinion that the case is
In which trial by jury may be demanded by
either party.
Sec 4. The opinion of the court allowing or
disallowinga . second trial, shall be entered upon
the Journal of the court and, if in favor of the
allowance Of second trial, then the under
taking required by the said second section of
said act, as amended, shall be catered into with
N thirty days after the entry Of said allow
ance. r
Sec s. If the opinion of the court shall be
adverse to the allowance of the second trial,
either 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 statutes.
Sec. 6. If the order of the court adverse to
the allowance of the second trial, shall be re-
bu tha Sfci
the action shall be appealed and the appeal be
dismissed ON the ground that second trial
should have been allowed, 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 re-
seived, 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 Judgment, so reversed, had been rem
dered at said term.
Sec. T. If the order of the court allowing q
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
upon appeal, and the last mentioned court shall
AZ the amount and condition of the undertak
ing,t be given to obtain such trial, for the par
~ or parties, who may request it; and there
upon the party or parties desiring such tria
shall, within thirty days from the time of til,
entry of the reversal of the order allowing sucl
second trial. enter into an undertaking in th'
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 sale
clerk; and thereupon such action shall be pro
seeded in, in all respests, as if the same hat
been originally appealed on notice regularl.
entered and undertaking given pursuant to tn
act regulating appeals to the district court.
Sec. 8. In all cases where the party agains
whom judgment is rendered obtains a secont
trial under the act to which this act is amenda
tory and supplementary, the lien of the oppo
site party on the real estate of the party so OBJ
tanning such second trial created by said judg
ment, shall not be by the obtaining of such sec
ond trial created by said judgment, shall no
be by the obtaining of such second trial remov
ed or vacated, but the real estate Of said part
50 obtaining such second trial shall be bound il
the same manner as if said second trial had no
been demanded until the final determination 0
the cause.
Sec. 9. This act shall take effect and be i
force from and after its passage.
.s WILLIAM B. WOODS,
Speaker Of the House of Representatives.
t MARTIN WELKER,
President Of the Senate.
March 81, 1859.