Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1859-05-12
LAWS OF OHIO.
Published by Authority.
No. 80.
An ACT

No. 10. AN ACT
To snenq section two of an act entitled an act
to relieve the District Court and 10 give greater
efficiency to the Judjcial System OF TIE 9iaie,
passed April -, 1858, and supplementary 20 Saia
act.
Section l. Be it enacted by the General Assem-,
bly OF the State of Ohio That secuon TWO OF sald
sct be amended so as TO read as follows: sec. Z
ANY person desirous of such second trlal' rs pro-
ylded for in the preceding sections ilie TERM
OF the court at which Judgment was feneereu
enter on the records of the court no,ice Oh MS ue
mand for such second trial; and shall enter INTO an
undertaking within the timeAerelAeiler limited
with security 10 the satisfaction of tie clerk OF The
court. payable to the adverse party IN sucI sum as
may he fixed by the court. and condltluned 10 tfG
eiIec: that the party Obtaining such secohd ui"t
shall bide and perform the order ana Ju'Suen' oi
the and pay all moneys, costs ana dahnages
which NAV be required or awarded against MIN.
CONSEQUENT upon such second trial, provided, that
in no case shall administrators, executors OF guar
diaas. who NAV have given bond III tillS otale,"lu
surelies according to law. be compelled TO enter
into on undertaking III order 10 he entitled 10 Il
second uial as is a3ove provided
See ,. That said original secilon tive be anu
the same is hereby repealed.
Sec. ! hat whenever notice Is entered upon
the records of the court of pariy'S demand oil i
second Irlal under the provisions oi tpe ACT u
which This act is araeHdalory ami supplementary
such second trial all not be alioweG ue7S tii'
couri is of opinion that the case Is one IN which
trial bv iury nav be demanded ty either party
Sec. 1. The opinion Of Tie court allow n OF
isalowing second trial, snail be entered upon
the Journal OF the and ii IN favor OF lhS az
tlowance OF n second rlal, then the undertaking
requ red by the said second section of said act as
amended shall be entered Into within lmity GAYS
u the entry of said allowance
| See : It the opinion OF the court shall be al
verse 10 Ihe aowa nee of The second irlai' ei'iei
marty may appeal 10 the district coult from ti't
| Judgment rendered in the c9se, 10y GIVING honc'
thereof and entering iulo IN appeal bond agree
ably 10 existing statutes.
| Ser. 6. II The o. der of the coptt adverse to tn,
allowance ui the second trial, shall be reversed
upon error by the district court. or II the acllor
shall be appealed and the appeal be dismissed or
! the ground that a Second tfal Should have d 81
allowed. the n and in either case the aclion snal
| be Iemandeh 10 The court ot cOrT1"n pleas. an
the party or parties on whose petition the SAID
order was reversed or the party or parties wh'
may have appea led such action, as the case may
be, NAV, al the term OF the colEI nj WHICH iht
mandate is received, enter on lse re'ordS oi the
court his demand for second trial: and thereupor
such action shal. De proceeded IN in all respects
us i! sad Judgment 50 reversed, had been rendered
at said term.
Sc. I. Ii the order of the court allowing
second trial shall he reversed io- therein b,
the district cuurt, then sad action shall be retained
Tor tflHl ~ the last named cOuU as upon dppedi
and the last mentioned court stail fix the amour
and condition of the undertaking, TO be given L
obtain such trial Tor the party r parties who MAJ
requestit; and thereupon the purity or parties de-
siIiHg such trial SHALL within thirty days from tn
time OF the entry OF the reversal OF the order al
lowing such secoad trial, enter ntO II undertaken!
in the amount and condition prescribed by the dis
uict court. 10 the acceptance q the clerk thereof
which shall be flied in the Office of the said clerk
a:.d lhereup0n such action slis he proceeded in
in all respects. as if the same had been Originally
appealed on noice regularly entered and under
taking giver pursuant 10 the at regulating appeal
TO the district court
Soc. s In al ceases where the party sgains
whom Judgment is rendered obtains second tria
under the ect To which this &C is amendatory an
sHpplRme nIary, the lien OF the opposite party o
the real estate of the party sblaliting such sec
ond trial created by said Judgment shall not be b
the obtaining oi such second tlai re- owed or va
Gated. but the real estate of sud party SO obtain
! ing such second lTill shall be bound in the sam
manner Us II said second tTia had not been de
mandod until the final determination of the caust
See. 9. This act shalltake effect on the ! 81
day of April next.
WILLIAM WOODS,
I Speaker OF the House d Representatives.
| MARTIN WELKER,
| President of the Senate.
| NT,-.L n 1870