The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-07-13
WHOLE NUMBER 276.
sage.
8, W. gibson,
speaker pro tenn. OF the House Of Representatives
MARTIN wELKER,
President Of the senate.


Il MARTIN WELKER,
/ ~, ,o President Of The senate.
mo las AN ACT
supplementary ssAn act to establish Code of Civil
Procedure" passed March II, 1883.
Section Be II enacted by the General Assembly Of
the State Of Ohio That whenever party 10 udpn ent
seeks to enjn the collection thereof by junctl n and
shall make Affidavit that the party snueht TO he en-.
joined is resident Of the state te sare
20 avoid the service the of order of IL nc
on conceals bins If that process cannot he serv.
ed upon him. the sheriff. other 6fcer, having in his
hands the execution issued sreh Judgment mny be
ade party defendant and the action may
he brought in the county in which such cicrr resides:
and in al such the party the Judgment sought
10 be erJoined and upon actual service cannot he
made may he served by publication of notice In the
manner prescribed by sections and seventy
two of the act to which tits is supplementary Ard
such shall he provided in tn" same manner as Is
Sec. 2 In all cases where rvice may be made ~
publication, personal service of copy of summons
or order of injunction and complaint may be made out
of the state. - =
Sec. g. A lary against vhom perpetual Injunction
may be decreed without other service than by publica-
i1n in a aper any time within FIVE wears
af'er the date nf such decree opened and
prescribed section seventy FIVE of the act
to which thi, is SUI p'emen'a
Sec.4. This act to take effect on its passage.
Speaker pro tem of the Hou.e Of Repre- Sc rtatives
MARTIN WELKFR,
President of the Senate.
CNo.1s AN ACT
To amend section two of act entitled An to re.
leve the Dis rict Court and give greater efficiency 10
the Judicial stem of the state." passed April r.
1883, and supplementary to sai0 act
Section l. Be enacted by the General Assemble Of
the State of Ohio, That section two OF said act he
amended SO as 10 read as follows: Sec 3 Any person
desirons of such second trial provided for pre-
ceding section SHALL at the term of the court which
Judgment was rendered. enter on he records of The
shall enier into undertaking within the time herein.
after limited with to the satisfaction Of the clerk
0f narab ha p6r rarro IT,
may be fixed by the court, and conditioned
fest that the party obtaining srch second shall
and perform the order and judgment of the and
pay all MONEYS costs and damages which may be requr-
ed or awasded against him, consequent such
ond trial. provided that in shall administrators
executor guardians who may have given bond is
state, with suretes riding to law, he conred to
enter into an undertaking 10 order to be entitled to
Ond trial as is above provided
Sec: g That said original section two be ana the
Sec 3. hat whenever notice is entered upon the re-
CORDS me conrt OF Parsys demand Of second trial
amedatory ard supplementary such seeord trial shall
not be allowed unless he court is of opinion that
case one In which trial BY jury may be demanded by
either party,
Sac. 4 The opinion of the court allowing or disal-
lowing second trial. shall he entered upon the journal
of the court, and; If in favor Of The allowance of sec
o"d ral then he required by the said sec
into witt in thirty days after the entry of said allow
Sec If opinion The court shall be adverse to
the allowance of the second trial either party may ap
peal to the district court from 'bs judgment rendeedu
appeal bond agfeeably to existing statutes
Sec. g. If the order Of the court adverse to the allow.
of the second trial. shall he upou error by
the district court If the action be sppeaed and the
appeal be dismissed the ground that trial
should been allowed, and either case the
on shall be remanded to the of common pleas,
and the party parties whose petition the said order
reversed the party or parties who mry have ap
pealed such aerion, as the he. may, he
of the court at which the mandate IL received,
the of the his demand for second trial;
and thereupon suc actions shall proceeded In in all
pects il said Judgment reversed, had been
deTed al said term. 3
Sec z. If the order OF the court allowing second
trial shall be reversed for therein by the district
court then said action shall be reversed for there
in by the district court then sad action shall be Train
the mentioned shall fix the amount Al d toud
ton of the undertaking. to be given obtain such tia
for the party or parties no its and hereup
the party parties desiring such trial shall, within
the order allowing such second trial. enter ino
dertaking in the amount and condition pre- scred by
district court to the acceptance of the clerk thereof
which shall be flied in the Office of he said clerk; and
spects, If the had been originally appealed
notice regularly entered ard undertaking pursuant to
the act regulating appeals 70 the district court.
Sec 9. In all cases where the party against whom
this act 10 amendatory and supplementary, the lieu of
the opposite party the real estate nf the PARTY oh
tanning such second trial created by said Judgment shall
he bv the terms of such second trial removed
Gated hut the real Of said party ing such
second trial shall be bound in the If said
second trial had heen demanded until the final
mination of the
Sec. 0. This shall take effect the 18Th day of
April next.
Speaker of the House Of Representatives.
MATTN WELKER.
President of the Senate.