American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-06-16
mo. 1901 AN ACT

tNO. l9U. AN AOf "Ha
To amend section two Of an act entitled "An
act to relieve the District Court and 10 give
greater efficiency to the Judicial System OF
the State" passed April u, 1858, and sup.
Elementary 10 said act.
Sec. /. Be ii enacted by the General As
sembly Of The State Of Ohio, That Sc, ton two
OF said act he appended so as to read as fol.
lows: Sec. Q. Any person desirous of such
second trial, as provided for in the preceding
section, shall, at the term of the court at
which judgment vas rendered, enter on the
records Of the court notice of bis demand for
such second trial and shall enter into an un-
deftaking within the time. hereinafter limited
with security to the satisfaction Of the 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 OBJ
tanning such second trial shall abide and per-
formihe order and judgment Of the court, and
pay all moneys, costs and damages which may
be required or awarded against him, conse-
quent upon such second tfialj provided, that
! In no case shall administrators, executors OF
guardians, who7may have given bond in this
state, with suTeties according to law, be com
PEELED to enter into an undertaking in order TO
be entitled to a second trial as is above pro
vded. Fs 't 'S
Sec. Q. That said original section two be
and the same is hereby repealed. ,s
| Sec. 8. That whenever notice is entered
upon the records Of the court OF psrty's de-
| mand of second trial under The provisions OF
the act to which this act is amendatory and
supplementary, such second trial shall not be
allowed unless the court is Of opinion thai
| the case is one in which a trial by jury may
be demanded by either party.
| Sec. 4. The opinion Of the court allowing
or disallowing second trial shall be entered
/ upon the journal Of the court, and, If in fayo
Of the allowance OF second trial, then The
undertaking required by the said second sec
ttion Of said act, as amended, shall be entered
irto within thirty days after the entry OF sait
allowance. ~ a
Sec. 5. II t6s opinion of the cQart, shall b
adverse to Tie allowance OF the second trial
either party may, appeal TO the district cour
from the Judgment rendered in the case, b,
| giving notice thereof and entering into an ap
peal bohd agreeable to existing statutes.
|. Sec. s. lfthe order Of the court adverse &
the allowance Of the second trial, shall be re
| .Vefseu upon error by the district court, or j
the action shall be appealed and the appeal b.
dismissed on the ground that, a second tria
should have been allowed, .hep and il eithe
case the action shall be remaEded to the coup
Of common pleas, and the party or parties oil
whose petition the said order was reversed, o
the party or orparties who may have appealet
such action, as the case may be, may at th
term Of The court at which the mandate is te
ceiyed, enter on the records Of ihe court his de
Imend for the second trial; and thereppon sue
r action shall be proceeded in, in all, respects
(, as ifsaid judgment, SO reversed, had been rem
, dered a: said term, -
Sec. Z. Ifthe order Of the court allowing
second trial shalljbe reversed for error therei
II by the district court, then said action shall
retained Tor trial by the last naIhed court Q
. lpon appeal, and the last mentioned coui
: shall fix the amount and condition Of the uu
: detailing, to be given to obtaih Such trail, ft
. the partyor parties Who may request it; an
" theIeupon the party or parties desiring sue
ftra shall, within thirty days from the time !!
Z theentry Of ihe reversal OF the Order allowin
!, suoh second trial, enter into an Hndertakin
: ! in the amount aud condition prescribed by th
! district court, TO The acceptance OF the cleT
{ thereof, which shall be filed in the office
the said clerk; and thefeuboh such aclio
. shall be proceeded ia, in all respects. as il VI
: same had been originally appealed on notic
Y regularly entered and undert akipg given pu
y suant to the act regulating appeals to the di
trict court. x g}fk }fT 10 rN.fNg
Sec. 8. nall cases Where the party again
whom judgment is rehdeted, obtains secon
trial under the act to which this act is ament
! / atory, and supplementary, the lien OF the opp
site party on the real estate OF the party |
obtaining such second trial created by sa
>, jGdgment, shall hot be by the obtaining OF sue
I second trial removed or Vacated, but the re
' estate Of said party so obtaining snch secoI
!. trial she'll be bonnd in the same mainet as
= ssid second trial had not been demanded u
Gil The final de,ermnation of cause.
8 Sec, 8, This act shall take effect on u
: 18th day of Aptil pext. = ,g 40 3 'i-s
o. .a WILLIAM b. " GODS.
or Speaker ofthe House Of Representatives,
e Z. s. ,g MARTIN WELKER, -
2, H ~ lls President OF the Senate.
81 l'ai March 81, 1869. t9l@ .n,.,sgi
De mo, 152. j ,, 4. AN ACT. A,x
Relating to The Lewistown Reservoir.
~ Sec. 1. Be ID enacted blythe General
ssmbiy Of the State Of Ohio, That for the p,
pose OF settling with the Miami hydraulic a
manufacturing company for the construction
the enlargement OF the Lewistown reserve
and canceling theioontFset. Telaiiyeito sadie
largement between the state and said couT
N.Y., the sum OF ninety-one thousand one, hu