Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-30
March 80, 1859.

mo 1901 AN ACT
10 amend section two Of an act entitled "an act
to relieve the District Court and TO give greater
efficiency 10 the Judicial System Of the State"
passed April u, 1858, and supplementary to
said act
Section l. Belt enacted by the General Assem-
bly, Of the State Of Ohio, That section two of said
act be amended so as to read ns followsi Sec. 2.
Any person detirous Of such second trial, as pro-
yided for In the preceding section, shall, at the
term Of the court At which judgment was rendered,
enter on tho records of the court notice Of his de-
mand for such second trial. and shall enter Into
undertaking within the time hereinafter limited
With eourity to tho sa faction OF the cork Of the
court, payable to the q, erso party, in such sum
as may be fixed by tlu ,vurt, and conditioned to
the effect that the party obtaining such second ri
al shall abide and perform tho order and Judgment
Of the court, and pay all moneys, costs and dam
ages which may be required or awarded against
him, consequent upon such second trial; provided
that in no case shall administrators, executors or
guardians, who may have given bond IN this state,
with suretics according to law, be compelled to
enter into nm undertaking in order to be entitled
10 . second trial as Is above provided.
Sec. q That said original section two be and
the Same is hereby repealed.
Sec. 3. That whenever notice Is entered upon
the records Of the court of partyp demand of
second trial under the provisions Of the act to
which this act is amendatory and supplementary,
suoh second tIinl shall not be allowed unless the
court Is opinion that the case 10 one in which a
trial by jury may be demanded by either party.
See. q. The opinion Of tho court allowing or
dsallowing second trial. shall be entered upon
the journal Of tho court and " In favor Of the al,
owanoa Of second trial, then tho undertaking
required by the said second section Of said act ms
amended shall be entered into within thirty days
after the entry Of said allowance.
Sec. 8. Iftho opinion Of tho court shall bo ad-
verse to the AlOWanoe Of the second trial, either
Il Na AantH % Al
judgment rendered in the case, by giving notice
thereof and entering Rto m appeal bond ngreeably
10 existing statutes,
See. 8. the order Of the court adverse to
the allowance tho second trial. shall be reversed
upon error by the district court, or If the action
shall be appealed and the appeal be dismissed on
the ground that second trial should have been
allowed. then and In either the action shnll be
Femanded 10 tho ppprt Of common pleas, and the
party or parties on whose petition said order WIS
reversed. or the party or parties who may have
appealed such action, as the onse may be, may, at
the term Of the court at which the mandate is re-
oeiyed, enter on the records Of the court his dc.
mand for a second trial, and thereupOn such ac-
ton shall be proceeded In 10 all respects, as It
said Judgment, SO reversed, had been rendered at
said term.
Sec. Z. II the order OF tho court allowing &C.
cond trial shall be reversed for error therein by
the district court then said action shall be retain
peal, and the last mentioned court shal Gx 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 tho
order allowing suOh s0o1nd trial, enter into an un-
dertaking in the amount aud condition prescribed
by the district court to the acceptance Of the clerk
thereof which shall be Aled m the office Of tho said
clerk; and thereupon such action shall be proceed
cd 10, In all respects, II the same had been ori
gnaliy appealed on notice regularly entered and
under taking given pursuant to tho act TeIulatl
epneala 10 the district court
Sec. 8. In all easos where the party aEsiast
whom Judgment Is rendered obtains a second trial
under the act 70 which this act Is amendatpry and
supplementary, the lien OF the opposite party on
the real estate Of the party 80 obtaining such 20.
cond trial created by said Judgment shall not be
by the obtaining Of such second trial removed or
vapated, but the real estate Of said party so OBJ
tanning such second trial shall bo bound 10 the
same manner as if said second trial had not been
demanded until the final determination Of tho
oauge.
See y. This oct shall take effect on the 18th
day OF April next
WILLIAM b, WOODS,
Speaker Of the House Of Representatives.
MARTIN WEhkER,
President Of the Senate.