Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-21
AN ACT

mo. $50 AN ACT
To tmeni elton two Of entitled An Act to ieve
dclu System OF the state pusstd Api ~ ls5o ana sup
Section Be e enacted BY the General Assembly Of the
State Of Ohio, hat sect two Of said act tie anenGei
Il ch secoud a in tie preceding section,
ul at the term q the 'oqr gt which judgment wnsren-
de entered the records Of the Gour no ie Of M de-
mBnd for such second tua and shall enter into hn uea-
Ang within the time hereinafter limited with culyto
patty m such sum as may b1 fixed by tue court ana
cond al shall aide ana perform the order aud Judgment
o. the court and pay al mgneys cost, ana IlmaS when
such eCnud trial; provided That IA no case shall admuls-
ia this state wh sufetie, uccur ling law be c,npe led
enter into Undertaking order 10 be entitled To
See 2 n sad original section be and the is
hereby repealed.
See TnaI whenever notice is entered upon the re-
c.Tgs "' the couTt OF paIys demand OF second
sme l9gtory and surpl mcntay such second MAJ sla
is one IA which trial by jury may bo dem iurd by
Sec l. The opinion Of the court allowing ord all, ing
ascend ra shall be entered upon the Journal OF me conr
aud # ia layo OF The allow q second trul then the
amended shall be- entered into within tr duys after
Sec g. Iftne opinion Of the court shall be adverse
the allowance the second ra her ury may appeal 10
ygw! notice p Ieol and entering INTO an peal 0ond
sec Ii the uTder Of The court adverse to the allow
auce Of the second tra shall be reversed upon error by the
appeal be dismissed the ground that second tTri
hUu have heen allowed then and IN either the ac
ion shall be Temund To the court Of common pleas and
the party parties on whose petition the said Old
reversed the party pales who may have appealed
such action as tbs case may be, may at tho Term m the
ourt at VIII ch the mandate Is ecrNOd, entered on tho
ecOrds OF the his demand for secnud trial. and
hereupon such action shall be proceeded IN, all epecs
as said judgment so reversed had been rendered at sad
term.
sec II the order OF the court allowing second tria
shall he reversed for therein by the district court
hen said action hnll he retained for trial hy the las
named cour upon apI eR aud the last mGu ned
shu fix the amount and Clnd tiun OF the undertaking
DO gVent0 Obtain such ual ior the party or parties witt
may request II; and theTeupOn the patty les desTn
such tTa shall, within thuty days from the Of th
entry uf the reversal OF the order allowing such feCOn
iia enter into uudertak ng M the amount and cor
ditIOn prescTbed by the district the Bccenta
of tho a l'k theTeui which all be filed IN the Office
he said clerk and thersupOn such acuu ha he TuCtd
ed iu In all respects, as u The some hBd he0u Ogunll
appeR nOtr6 regularly entered and undeTlHk civ
ar nursuant 10 The act regulating appeals TO the dIsHC
court.
| sc 3 In an cases where the party ngaiust whom
udgs mont Be- reude ed obtains gcuud trial under the
whluh this oct is amends DRY nni supplementary m
lien Of the opposite uurty uu The u estate of he party
abulnug suCh SECOND uia Cuut hY sIu Judgment shHl
not he by the obtaining of such second u removed
catCd hut tho real estate Of said party ubaug
second Tal shall be bound IN the mlunUT if sui
second trial hat not been demaudh until the hua deter
See g. This act shall take effect on the 18Th da, of Apr
| ueH. .. -
| Speaker uf the House Of Representatives.
| MARTIN WELKER
| President ut the senate.
March 81, 1863.