Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-06-22
LAWS OF OHIO:
Published 5y Auibority.
AZ ACT.

mo. 1901 An ACT.
To amend section two of an act entitled ''an &c
TO relieve the District Court an TO give great
er efficiency to the Judicial system of tn
state" la:>ed April II, 1858, aad supple
mentary 10 said act.
Section l. Be Il enacted By the General As
ssll,Jly oftke Slate of ohio. That section two Il
said act be amended 50 as to read as follows
See. > ANY persons desrous of such second
trial. aS provided for in the preceding section
SHALL at the term of the court at which 'juds
ment was rendered. enter GA the records of thi
court notice of his demand for such second trial
and shall eater into an undertaking within TN
time hereinafter limited with security TO tn
satisfaction of the clerk Of the court, payable t,
the adverse party, in such sum rs NAV be tiXet
by the court. and conditioned to the effect tha
the party obtaining such second trial shall abid'
and perform the order and Judgment ct the court
and pay all moneys, costs and damages whicl
NAV be required or awarded against him. con
segment upon such second trial; provided, tia
in no case shall administrators executors, guard
/ iaas. who may have given bond in this state
with sJIrcties according 10 law, he compelled tt
enter into an undertaking in order 10 be enti-
tied to a second trial as is above provided.
See. y That said original section two bf
and the same is hereby repealed.
! Sec. 3. That whenever notice * entered up
on the records of the court Of Il pa-ty's demand
OF sgcond trial under the provisions of the act
/ 10 which this act is amenda,ory and supple
rnentasv. such second trial >lIal. not be allowed
unless the court Is of opinion that the ease +
one in which Il trial 5y jury may be demanded
/ By either party.
/ Sec. l. The opinion of the court all :wing
or disallowing sccopd trial. shall he catered
upon the Journal OF the court, aud If in favor OF
the allowance of a second trial. then the under
taking required by the said second section oi
said act. IL amended shall bc entered iuto with
in thirty days after the entry of said allowance.
Sec. ). fthe opinion of the court shall be
adverse 10 the allowance of the second trial,
either party may appeal to the district court
from the Judgment rendered il the case, By Civ
ing notice thereof and entering into al appeal
bond agreeahly to existing statutes.
Sec 8. 1t The ordvrof the court adverse to
the allowance of the second trial. si,all he re-
ver>ed upon error by the district court. or if tha
action shall bcappeaietl and the appeal be dis
missed on the grognd thai Il second trial should
have been allowed. then and in either ease the
action sliail be rciaaIded To the court of common
pleas, and the party or ari!es on whose Peti-
ton the said order was reversed, or the PARTY or
parties who may haze appealed such action. as
The case NAV be- mav. nj the erm of the court al
cords of the court his demand for second trial:
and thcr,upcn such aetion shall be proceeded
in. in all respects If said Judgment 80 revcrs-
ed. lad been rendered al said term.
See. :. If the order of the court allowing 4
second trial slall be reversed for CT os therein by
the district cont, then said action shall be re-
tanned for trial by the lat nan.ei court as ap-
peal and the last mentioned court shall fix the
amount and condition OF The undertaking, Ia be
given TO obtain such trial. for the party or PAR
ties who may BE- request it; and thercupon the
party cor parties desiring siIc trial shall. within
Thirty DAYS from the time OF the entry If the re-
Sers,l Of the order allowing such second .tTial.
enter into IN undertaking in the amount and
condition prescribed bv the district court, 10
the acceptance of the clerk thereof, which shall
be filed in the Office of the said clerk: and
thereupOn such action shall be proceeded in. in
all respects, as if the same had been originally
appealed on notice regularly entered and under
taking given pusuant 10 the act regulating ap-
peals to the district court.
See. :. In all cas.,s where the party against
whom Judgment is rendered obtains a second
trial under the act to VIII ich this act is amend-
atory and supplementary, the len of the OF
posije Iarlv ol the real estate of fhe party 30
obtaining such trial created by said Judgment.
shall no; be bv 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 a. if said second
trial had not been demanded until the final de-
termination of the cause.
See Q. This act shall take effect on the 18th
day of April iiext.
WILLIAM B. WOODS.
Speaker Of the House of Representatives.
MARTIN WELkER,
President Of the Senate.