M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-02
WILLIAM B. WOODS,
Speaker of the House of Representatives,.
MARTIN NELhER,
President Of the Senate.
April2,l 1859.
mo. 1901 AN ACT

| mo. 1901 AN ACT.
To amend section two Of an act entitled can
act to relieve the district court anil tn give
greater efficiency IN the Judicial system
Of the State" passed April u, 1858; aud
/ supplementary to said act.
Sertion l. Be- Il enacted by The GertraI
Assembly Of ths Stat Of Ohio, That section
two OF said act be amended 50 as 10 read q
follows: Sec. Q. ANY person desrous ol
such seconl trial as provided for in The pre-
cedins section, shall, at the term of the CouI
at which judgment was rendered. enter N
the records Of the court notice Of bis demibd
for such second trial; and shiIlenter inD an
undertaking within The time hereinafter i'm
ited, with security 10 the satisfaction OF The
clerk Of the court. payable TO the adyese
party, in such sum as may be fixed by he
court, and conditioned to the effect that the
party obtaining such second trial shal abile
and perform the order and Judgment of tie
court, and pay all moneys, costs and dante
ges which may be r. quired or awarded
against lrm consequent upon such secoril
tual: P'nyided That in no case shall al
ministrators, executors, or guardians who
NAV hJg given bond in this State, with
sureties according to law, be compelled TO
enter into an Undertaking in order to be ei-
/ titled to a serund trial as is above provided.
SEC. That said original section two be,
and the same is, hereby repealed.
| Sec. 8. That whenever notice is entered
upon the records of the court Of party's de-
mand of second trial under the provisions
of the act TO which this act 10 amendatofy
and supplementary, such second trial shall
not be allowed unless the court is of opinion
that the ease is one in which trial by jury
may be demanded by either party.
Sec. 4. The opinion of the court allowing
or disallowing a second trial shall be entered
on the Journal of the court; and, II in favor
of The allowance of second tTia then the
undertaking required by the sald second sec.
/ ton vi said act, as amended, shall be entered
into within thirty days after the entry ofsaid
allowance.
Sec, 5. If the 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 in the case by
giving notice thereof and entering into an
uppeul.bond agFeeably to existing statutes.
Sec. 6. II the order of the court, adverse
To the allowing of the eecond trial, shall be
reversed upon error By the district court, or il
the action shall be sppeuled anl the appel q
be dismissed OIL the groqnd that second
trial should have been allowed then and in
either case the action shall be remauded to
the court 0i common pleas, aud the party OF
parties on whose petition the SAID order was
reversed, or the party or parties who may
have appealed such action. as She rase may
be, may at the term of court at which the
manuate is received, enter on the records Of
the court his demand for second trial and
thereuPon such action sha be prdceeded IN,
in all respects, as it said judgment so revers
ed had been rendered At said term.
Sec. T. II the order ofthe court allowing a
second t,ial shall be reversed for error there
in BY the district court, then said faction snail
be retdined l3r trial by the last named court
as upon appeal and tn last mentioned cou
sha fix the amount and condition OF The un-
drrtaking, to be given " obtain su h Trial,
Tor The party or parties who may rcque't it;
anu thereupOn the party Or parties desiring
such trial shall within lhity da, from the
| time Of the entry of the yersal of the order
allowing such second trial, epter into an un-
d-rtaking in the amount and condition pre-
scrlbed by tn district court, to tbe acceptance
of the clerk thereof which shall be flied in
the oiii e oilhe said clerk; and thercupon
such action shall be proceeded IN in all re-
spect., as il the same had been b iginally app
pealed on notice regularly euterei aud UNDER
| taking given pursuant TO The act regu, ,dtng
InpDeu $ 10 The dis riCt court
Sec 8. In all cases where the party against
whom judgment is rendered obtains second
trial under the act to which This Is amendi-
tory and supplementary, the lien Of The op'
positp party OIL tn. real estate of the party 50
obtaining such second tial created py 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 ,hal be bound in The same man
ner as If said second Trial had not been de-
manded until the fudl determlnutiOp OK the
cause.
Sec o. This act shall take effect on the
10Th day of April next.
WILLIAM 3. WOODS,
Speaker Of the House oi representatives.
NJ RTIN WELKER,
President oil the Senate.
March 81, 1879.