Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-06-17
AN ACT

To amend section two of an act entitled IAN act to
relieve the District Court and to give greater eff
cheney to the Judicial system of the State,'' passed
ApriI1s 1853, and supplementary to said act.
SECTION 1. Be it enacted By the General Assembly o
amended as to read as follows: sec.2. Any person de-
sirous OF such second trial, as provided for in the pre-
ee6dthg section, shall, at the term Of the court at which
judgment was rendered, enter on the records oil the
court notice of his demand for such second trial; and
shall enter into an undertaking within the time herein
after limited with security to the satisfaction OF he
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 tria
shalt abide and perform the order aud 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 ease shall
given bond in this state, with sureties according to l2v,
be compelled to enter into an undertaking in order to
be entitled to a second trial as is above provided. lrr-
See.2. That said original section two be aud the
same is hereby repealed. =f.-
Sec: 3. That whenever notice is entered upon the
records of the court of a partv's demand of a second
trial under the provisions of the act to which this act is
amendatory and supplementary, such second trial shah
not be allowed unless the court is of opinion that the
case is ons in which a trial by jury may be demanded
By either party. -
aSee.4. The opinion of the court allowing or disaI
lowing a second trial, shall be entered upon The journa-
of the court, and, if in favor of the allowance OF a sec
ond trial. then the undertaking required by the said sec
ond section OF said act, as ane' ded, shall be entered
into within thirty days after The entry of said allowance
Secs. 1T the opinion OF the cturt shall he adverse
70 the allowance of the second trial, either party may
in the case, by giving notice thereof and entering into
an appeal bond ag,eeally to existing statutes.
- 6cSa u L lc ofhG VI Ia CRsLIA II 10 AHE dttOe W
ance of the second trial, snail he reversed upon error by
the district court, or if the action shall be appealed and
the appeal be dismissed on tho ground that a seconG
triafshould have been allowed, then ana in either case
the action shall be rentanded TO the csurl of comuoa
pleas, and the party o: parties on whose petition the
said order was reversed, or the party or parties wha
may have appealed sush action, as The case may he,
may, at the tern of tho court at whiri, the mandate is
received. enter on the records OF the court his demand
for a second trial; and therenpon such action shall be
procee led in, in all reSPe t asl 5 idJudGmen', SO re-
versed, had beI n rendered at said term
Sec. 2. If the order of the court all'winssa second
trial shalt bereversed for erroI therein by the district
court, then said notion shall be retained Tor Trial by the
last named court as upon appeal, and the last mention
ed court shall FIX the amount and condition oI the under
taking, to be given 20 obtain such trial, for the party or
parties who may requestIt; and theTenpon fbe pGIiy or
parties desiring such trial shall, within thirty days from
the time of the entry of the regersatot the srdeI allow
ing such second trial, enter into an undertaking in tie
amount and condition prescribed hy The district court
to the acceptance of the clerk thereof, Witch shalt bc
fled in the Office OF the said clerk; and thereupon sncf
action shall be proceeded in. in all respects. az II the
same had been orr ginslly appealed on notice regnlarl;
entered and undertaking given pursuant 10 the act reg
Mating appeals to the district court.
Sec.s. In all cases where the patty ag inst whom
judgment is rendered obtain a zeeond TRIAL under ths
act to which this act is amendatory ami supplementary
the lien Of the opposite party on the real estate Of the
party SO obtaining such second trial created by sal
judgment. shalt not be by the obtaining o. such sec
ond trial removed or vacated, but the T al estaIe OF sait
party SO obtaining snch second trial shall be bound in
the same manner as if said second trial had no, beel
demanded until the final determination OF the cause.
Secs This act shall take effect on the 18Th day o
Aprilnsxt.
WILLIAM B. WooDs,
Speaker of the House Of representatives.
MARTIN WELLER.
President OF the Senate.
March 81, 1859.
AUpIToR's OFFICE.
DEIAwARE, May 10. 1sAa.
| hereby certify that the foregoing acts are correetly COZ
tad from those nIbi sized fl n Chic Sfa. -IpnFnnI n