The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-05-25

Sec. 8. A party against whom a perpetual injunc.
ton may be decreed without other service than by
Eve years amer the dafe of such decree. have the
same opened and be let in 10 defend in the same
manner and on the same terms as is prescribed in
section seventy-hve of the act to which this is sup
Elemental. -n.
Sec. 4. fAis act to take effect on its passage
S. w. gibson,
Speaker pro ten. House of Representatives.
= .1 MARTIN WELKER,
President Of the Senate.
INC. $780, AN C
70 amend section two of an act entitled "An act to
relieve the District Court and to give greater Ell
cheney to the Judicial System of the State" pass
ed April Il. 1888, and supplementary to said act.
Sec-i Be It enacted BY the General Assem6iy of the
State Of Ohio, That section two of said act be amend
ed 80 as to read as follows: Sec. 2. Any person de
sirdns of such second trial, as provided for in the
preceding section, shall, at the term Of the court at
which judgment was rendered, enter on the records
of the court notice of his demand for such second
trial; and shall enter into an undertaking within the
time hereinafter limited with security to the satisfac-
ton 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 obtaining
such second trial shall abide and perform the order
and j0dgment of the court, and pay all moneys. costs
and damages which may be required or awarded
against him; consequent upon such secondtrial; pro
vided. that in no case shall administers. executors or
guardians. who may have given bond in this state,
with sureties according to law, be compelled TO en-
ter into an undertaking in order to be entitled to \
second triki as is above provided.
Sec. 2 That said original section two be and the
same is hereby repealed.
See. 8. That whenever notice is entered upon the
records of this court of a party's demand of a second
trial under the provisions of the act to which thisact
il amendatory and supplementary such second trial
shall not be allowed unless The court is of opinion
that the case is one in which a trial by jury may be
demanded by eiher party.
Sec. T. The opinion of the court allowing or dis
ALLOWING a second trial, shall be entered upon the
journal of the court, and. il in favor of the allow
.ancsofz q second trial, then the undertaking required
by the said sec ion OF said ACT, as amended, shall be
entered into within thirty days after the entry of
said allowances. %
See. 81 If ths opinion of the court shall be ad-
verse to the allowance of the second trial. either par
ty may appeal to The district court from the md gment
rendered in the case, by giving noti.e thereof and
entering into an appeal bond agreeably to existing
'stafutes.nlf 8, srH
Sec.i6. If the order of the court adverse 10 the
allowance of the second trial. shall be reversed upon
error by the district court. or if the action shall be
appealed and she appeal be dismissed on rhc ground
tina, a second trial should have been allowed Then
and in either case the action shall be remanded 70
the court of common pleas, and the party or parties
on whose petition the said order was reserved. or The
party or parties who may have appealed such acton. |
As ths case H9y be. may. At the term of the court NJ
which the mandl.e is received. enter on the record
of thecourt his dem md for second trial and there
upon such action shall be proceeded in. in all re
Epcc:s, asif said judgment, so reversed, had been
rendered at said term.
Sec Z. If the order of the court allowing a SC
'eond trial shall be reversed for error therein by the
districs court, then said action shall be retained for
trial by the last named court as upon appeal, and
the last mentioned court shall fix the amount and
condition of the undertaking, to be given to obtain
such trial. for the party or parties who may request
it: and thereupon the party or parties desiring such
trial shall. within thirty days from the time of the
entry of the reversal of the order allowing such sc
cond trial enter into an undertaking in the amour:
and condition prescribed by the district court 10 the
acceptance of the clerk thereof, which shall be filed
in the Office of the said clerk; and thereupon such
action shall be proceeded in, in all respects, asif the
same had been originally appealed on notice regular
~ entered and undertaking giving pursuant to the
act regulating appeals TO the district court.
Sec. g. In all cases where the party against whom
judgment is rendered obtains n second trial under
the act to which this act is amendatory and supple
estate of the party so obtaining such second trial
created by said judgment. shall no: be by the obtain
ing of such second trial removed or vacated, but the
real estate of said party so obtaining such second
trial shall be found in the same manner as if sa d e
'cond trial had not been demaaded until the final de-
termination of the cause.
Sec. 9. This act shall take effect on the 10Th day
of April next S
WILLIAM B. WOODS,
Speaker of the House Of Rspresentdtves. {
10 = r WELKER
President Of the Senate.
mo. 1911 AN ACT
Supple nentary to the Act relating to Juries, S
passed February 9th, 1881, and to amend $
the ninth section of said act. d
Sec. L. Be It enacted By the General Assem- I
by of the State of Ohio. That il it should be 1
made to appear. to the clerk of the court of c
pleas of any county in this State, at /
ter the annnI October election, and previous e
to the annual spning elections, that the number t
of jurors for said County as provided and re- a
quired by the first section of the act to which
this is supplementary are insufficient, in mum
bers from which to draw and, summons the reg
dlar grand and petit jaries for the common pleas
and district courts, to be holden in said county.
previous to the next succeeding annuafO October
e~lection, it shall be the duty of such clerk im- r
and previous to said annual spring r
to apportion among the respective
in said county, the number of addi-
ional Jurors required to fill such deficiency ac-
.ordine to and upon the basis of apportionnent
by the second section of the act afore-
and notify the trustees of the several
townships. in said county, of such insdffcieney ~
nth the number of additional jurors so an y
pointed and required of each township. nv a.
rritten notice, to be served and returned nv -
he sheriff of such county, the same as a suni- r
mons, is served and returned; and it shall he r.
he duty of such trustees, at their meeting at 1S
he annual spring elections, upon the service of ,
Juch notice to select of good judicious persons. or
having the qualifications of electors, their an al
,ortionment of persons to be returned as such -.
jurors, and shall forthwith furnish T.
such clerk with the list of the name or names =
as contemplated by the act, and such -
proceedings SHALL hereafter be had with refer 81
.nce to the drawing, summoning, &C., of such 70
jurors, as is provided by said act for d,
jurors. selected at the annual October elections. -
Sec. g. That saction nine Of an act entitled =,
ian act relating to j%dries," passed February 9, NJ
1881, be SO amended as to read as foll62s = h.
That when a sufficient number of grand jurors ~
hall not appear who shall have drawn and sum- 81
noned agreeably to this act, before either of OF
he courts at their stated term, or if it should al
o happen that all the grand jurors summoned in
5 aforesaid, shall fail to attend, it shall and ce
nav be lawful for the court in either case, t6 70
the sheriff or other oficer, to SUMMON ii
rom among the ~by2standers, or neigkboring CT
liens, so many good and lawful men as are ne al
essary to form and complete the pannel of the ne