The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-05-26

MalSn dV, 1909.
mo 1901 ANACT
To amend section two of an act entitled "nn net TO
relieve the District Court aud to give greater cfl.
cheney TO the Judicial system of the state" passed
April ~, 1903, aud supplementary to said act
SECrioN /. Dc IL enacted byihe Gsntrai1 i1slsnbiy Of
the STATE Of Ohio. That section two of said act be
amended 80 ms 10 read ~ follows Sec 2. Any cr-
dcslrous of such second trial provided for in
the uedng section shall Mt III, erm OF the court
nt which Judgment rendered enter on the records
Of the court notice OF his demnndfor such second tri-
al; and shall enter into undertaking within the
time hereinafter limited. with security TO the salts
faction Of the clerk Of the court payable TO the nd
verse party In such sum mny bc fixed by the court,
and conditioned to tho effect that the party obtaining
such second trial shall abide and perform the order
and judgment OF tho court, and pny all moneys, costs
damages which may be required or awarded inst
him, consequent upon such second trial; provided
that IN no cusc shall administrators, executors or
guardians may have given bond in this state with
snrctrs according TO law, be compelled to enter into
an undertaking In order to be chtitled TO second
trial, ns IL above provided.
Sec. 2 That sHd ori gnul section two bo and the
snmc Is hereby repealed
Sec. 3. That whenever notice Is entered upon the
records Of the court Oi partys demand of second
rnl under the provisions of the net to which this act
is amcndatory and supplementary, such second trial
shall not be allowed unless the court IL of opinion that
the case is one in which trial By jury may he deman-
ded hy either party.
Sec. 4. The opinion of the court allowing or dis.
aownga second Trial, shalt be entered upon the
journal of the court and u In favor of tho allowance
of n second tia, then the undertaking required by
the said second section of Rrid act amended, shall
be entered into within thirty days after the entry
said allowance.
Sec g. Il the opinion of the court shall he adycrsc
to tho allowance ofhc second trial. either party muy
appeal 10 the district court from the judgment ren
dered in tho case, by giving notice thereof aud
lering into nappea bond agrceaby to existing stat
utGs
SEQ. g. Ifthe order Of court adverse 70 the allow
ance of the second trial sh be reversed upon error
ny tue district court or Ii tho action all all be appealed
Rnd the appeal dismissed Oh the ground that u soc
ond trial should have been allowed then and in eth
cr case tho action shall be rGmnudcd to the court o
common pleas and the party parties whose Pc
uon the said order was reversed or the pnrty or par
tics who may have appealed such action as the Cnst
may lie. may. nt the term of til" court - which the
mandate is received. enter the records of the
his demand for new trial aud thcreupon such action
stall be proceeded ill., in all respects If said udg
mont, so reversed. had bean rendered at said term
See. T. Iftho order Of the court allowing second
trial shall DO reversed for error thercu by the dis
trut court then said action shall be- retained tor tri
hy the last named court a. upou appeal, mud the last
mentioned court shall hX the amount and condition
OF tho undertaking 60 be given to obtain such trial. Oi
the party parties who may request It; and thercup
on the party parties desiring such rinl shall with
III thirty days from the time OF the entry of the
sal of order allowing such second trial enter into
! an undertaking IN the amount and condition pre-
scrhcd by the district court the acceptance o the
clerk thereof which shall bn flied in the Office of the
said clerk and the eupon such action shall be pro-
cceded in in all respects ns II the same hnd been
originally appealed on notice regularly entered and
undertaking given pursuant to the act regulating Np
peals 10 the district court.
Soc. 8. In all cases whore the party against whom
Judgment isrci dered obNnsa second trial under the
act tO which this act is aacndatOry and supplcmci Ia
ry tho lien OF tho opposite party the real estate
the party 50 obtaining such second trial created hy
said Judgment, shall not be by the obtaining ot suc,
second trial removed vacated but the real estate u
said party 50 obtaining such second trial shall be
bound IN the same manner ns il said second trial had
not been demanded until the fual determination OF
tho cause.
Soc.9 This act shall take effect ON the fifteenth
day ot April next
WILLIAM L, WOODS,
Speaker Of the House of Representatives.
MARTIN WELkER.
President OF The Senate.
Mnrrh 81 lRhN.