The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-04-29
March 30, 1853,
AN ACT

| No. $50. AN ACT
To amend section two OF an act entitled "An
act to relieve the District Court aud 10
give greater efficiency to the judicial
System Of the state,' passed April II,
1858, and supplementary to said act,
SrcrioN |. Be It enacted by the General
Assembly Of the state OF Ohio, That section
two OF said act be amended so as to read as
follows: SEQ. 2. Any person desirous OF
such second trial. as provided for in the pre-.
ceding section. shall, at the term Of the
Court at which judgment was rendered, en-
ter on the records of the Court. motto. Of his
demand for such second trial, and shall
enter into an undertaking within the time
hereinafter limited with security to the sat
Istaction OF the Clerk OF the Court. payable
to the adverse party, IN such sum as may be
liked by the Court, aud conditioned to the
effect that the party obtaining such second
trial shall abide aud 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 case
shall administrators, executors. OF guardians
who may have given bond IN this state, will
n sureties according to law, be compelled t.
entei into an undertaking in order 10 be en
, t'tleh 10 seoond trinl as rs hbove provided
SIC. 2. That said original section two
be and the same is hereby repealed.
i SIC. 3. That whenever notice is entered
upon the records OF the Court OF party's
uemahu OF second frlal, under the pro
VISIONS OF the act 10 winch TINS Is amend
at"iy ana supplementary, such second tria
shall not be allowed, unless the Court is %
opinion that the case is one IN which trla
by jury may be demanded bj either party.
Skc. =. Tbs opinion OF the Court allow
ing or Nisallowing a second trial. shall b.
entered upon the Journal OF the Court, aud
u in favor OF the allowance OF second Trial
then the undertaking required oy the SAT-
second section OF said act, as amended
shall be entered into within thirty days ate
the entry OF SAID allowance.
Sac. b. II the opinion Of the Court shal
be adverse to the allowance Of the secon
u trhl, either party may appeal to the Distric
Court from the judgment rendered in tn
, case, by giving notice thereof and euterin
= into an appeal bond sgreeably to exis,in
!, statutes.
sEc. .. the order OF the Court advers
10 'he allowance oi second uiai, shall
- reversed upon error by the Dls,rct Court,
i u ihe acton shall be appealed and the az
:, " peal be dismissed on the ground that sc
\, cond uial should have been allowed, the
:. = ana 10 e'iher case The action shall be re
na"uea 10 lhe court ot Common rieas' an,
:, the party or parties on whose petition tl
sara oider was reversed or rtheparty or paI
TIES who may have appealed such action, a
tne case may be, may at the term OF n
y court AZ wh,chthe mandate Is received, e'
teI on tne records OF the Court MS deman
ioI secoha ulali nna 'heIeupon such ac
ION snai' oe procesued IN IN all respects
~ !, said Judgment SO reversed had been rel
!; oereu o. saia Term.
F" SEC. !, u the order OF the Court ALLOW
"A .hg a secohu .I'ai shall DC reversed Tor err