The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-04-27


Twelve hundred inhabitants.
Sec 8. That IN all cases where any person
mas served a juror for three weeks in any one
year, either as a grand or petit juror, be shall
I've excused from any further service as such ju-
ror, during the balance of the year.
S. w. gibson,
Speaker p. t. Of the House OF Representatives.
MARTIN WELKER,
President Of the Senate.
March 80, 1859
+ Nc. l45l 'a
AN ACT
to an act entitled An act to es.
tablish Code of Civil Procedure" passed
March IL. 1858.
Sec. l. Be it enacted by the General Assem-
bly, of the State Of Ohio. That whenever par.
ty to a Judgment seeks to enjoin the collection
thereof by injunction, and shall make an affida-
Wit that the party sought to be eEjOined is non-
resident of the State, or has left the same to
avoid the service Of the summons or order of in.
junction, or so conceals himself that process
cannot be served upon him. the sheriff or other
officer, having in his hands the execution issued
on such judgment, may be made party defen-
dant to the action, and the action may be bro't
in the county in VIII ch such officer resides; and
in all such cases the party to the judgment
sought to be enioined and upon whom actual
service cannot be made, may be served by pub
lcatiOn of notice in the manner prescribed by
sections seventy-one and seventy two of the act
to which this is supplementary. And such ser
vice shall be proved in the same manner as is
prescribed by section seventy-three oil said act.
Sec q In all cases where service may bs
made by publication, personal servo Of copy
of the summons er order Of injunction and com.
plant may be made out of the State.
Sec 8. A party against whom a perpetual
injunction may be dccreed without other seii:e
than by publication in newspaper, may, at any
time within five years after the date Of such
decree, have the same opened and be let in to
defend in the same manner and on the same
terms as is prescribed in section twenty-five Of
the act to which this is supplemental.
Sec. 4. This act to take effect on its passage.
S. w. gibson,
Speaker p. t. Of the House Of Representatives.
MARTIN WELKER,
President of the Senate.
March 90, 1859.
No. l50 .-
AN ACT
To 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
Sec l. Be it enacted by the General Assem-
blv of the State of Ohio, That section two of
said act be amended so as to read as follows:-
Sec 2. Any person desirous ofsuch second trial
as provided for in the preceding section, shall,
at the term oil the court at 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 for the salts
faction 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
party 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,
consequent upon such second trial; provided,
that in no case shall administrators, executors
or guardians, who may have gwen bond in this
with sureties according to law, be compelled to
enter into an undertaking in order to be enti-
tied to a second trial as is above provided.
Sec. g. I hat said original section two be and
the same is hereby repealed.
Sec. 8. That whenever notice is entered up
on the records of the court of partys demand
OF second trial under the provisions Of the act
to which this act is amenlatory and supplement.
tary, such second trial shall not be allowed un-
less 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 allowing or
disalowing second trial, shall be entered up
on the journal Of the court, and, If in favor of
the allowance of second trial. then the UNDER
taking required 10y the said second section of
said act, as amended, shall be entered into with.
in thirty days after the entry Of said allowa
| Sec. 5. 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 CIV
ing notice thereof and entering into an appeal
bond agreeahly to existing statutes.
Sec g. Ifthe order Of the court, adverse to
the allowance of the second trial. shall be re-
versed upon error by the district court or il the
action shall be appealed and the appeal be dis
missed on the ground that second trial should
have been allowed 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
4 ty or parties who may have appealed such &C.
tion, as the case may be, may, at the term ot
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 judg-
ment, and reversed, has been rendered at said
term.
n Sec I. 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 up
on appeal, and the last mentioned court shal
, fix the amount and condition of the under.ak
ing to be given to obtain such trial, for the par
ty or parties who may requ Silt; and thereup'
' on 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 trial
, enter into an undertaking in the amount ant
condition prescribed by the district court, to th'
acceptance OF the clerk thereof which shall b
fled in the office of the said clerk; and there
G upon such action shall be proceeded in, in al
respects, as il the same had been originally ap
g pealed on notice regularly entered and under
taking given pursuant to the act regulating ap
S peals to the district court f1
, Sec. g. In all cases where the party agains
whom judgment is rem lered obtains q secon
n trial under the act 10 which this act is imenda
tory and supplementary, the line of the opposit
party on the real estate ofthe party so obtain
!. ing of such sec md tlIal removed or vacated bu
the real estate of said party so obtaining sue
;. second trial shall be bound in the same manne
as If said second trial had not been demands
until tho final determination OF the cause.
Sec. 8 This act shall take effect on the i5t
day Of April next. X.
: WILLIAM b. WOODS,
4 Speaker Of the House Of Representatives
Q MARTIN WELKER, II.
o President Of the Senate,
4 March 81, 1859. h
SECRETARY OF SrATE's OrrIcEl
!. COLUMBUS, March l859.S
hereby certify that the foregoing acts 81
# true copies oforginal rolls on file n this offic
Z APRUSSELL, Secretary Of State.