Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-07-08
March 80, 1859.


To amend section two Of entitled can act TO relieve
the District Court and to give greater efficiency To tho
Judicial system Of the state passed April l2 1868 and
I supplementary to saidact.
Sec. l. Be enacted by the Gensral Assembly of the
State Of Ohio That section Of said be amended
to read follows: Sec. @ ANY person desirous Of
such second trial. provided for in the preceding section
shall at the term of the court at which judgment
dsred enter the records Of the court notice Of his de-
mand for such second trial. aud shall enter into under
taking within the time hereinafter limited with security
to the satisfaction Of the clerk Of the payable the
adverse party In snch sum be xed by the COURT
and conditioned TO the effect that the party obtaining such
second trial shall abide and perform the order ard judg
ment OF the court and all moneys costs and damages
which may be required awarded against him. consequent
upon such second trs provided that in shall ad
minstratOrs executors guardians who have given
bond in this state, With surees according to law, be
poed to enter into undertaking order be entitled
TO = second trial as is above provided.
Sec 2 That said original section two be and the
| Is hereby repealed
Sce3 g. That whenever notice s entered uron the rec
ords of the court of pAys demand OF second trial
der the provisions Of the act to which this Is AmendaoTv
and supplementary such second trial shs not allowed
unless the court Of the opinion that the in
which trial by jury may be demanded by either party
Sec. The opinion OF the court allowing diSalow-
ing second trial shall he entered upon the Journal of the
court and fin favor Of the allowance second trial
then the undertaking required by the said sec
Of said act amended shall be entered uto within thi
ty days aft-r the entry Of said allowance
Sec g. II the opinion OF the court shall Ire adverse
the allowance Of the second trial either party appeal
the district court from the judgment rendered in the
case by giving notice thereof entering appeal
bond agrecahly TO existing statutes.
Sec g. II the order Of the court adverse TO the allow
ance OF the second trial shall he reversed upon bv
the district court, II the action shall be appealed and
the appeal be dismissed the ground hat second trial
should have been allowed then and In either the
ton shall be remanded to the court Of cannon pleas and
the party or parties whose petition the said order
scd, the party parties who may appealed such
action the be- at the term Of the court
at which the mandate received enter the records Of
the court his demsud for second trial. and thereupon
such action shall be proceeded in In all respects If said
judgement reversed had been rendered at said term.
Sec l. II the order Of the court allowing second trial
shall be reversed for therein by the dsrict court
then aaid action shall be retained for trial BY the last
named court upon appeal aud the last mentioned court
shal hS hs amount ana condition OF the Undertaking TO
be given to obtain such trial for the party parties who
NAV request and thereupon the party parties desiring
such trial shall within thirty days from the time Of the
entry Of the reversal of the order allowing such second
trial enter into undertaking in the and cond
ton prescribed by the district court to the acceptance Of
the clerk thereof which shall be filed in the office Of the
said cer and thereupon such action shall be proceeded
in, in all respects as II the same had been originally ap
peaed notice regularly entered and undertaking given
pursuant the act to the district
Sec In all cases where the party against whom udg
ment is rendered obtains second trial under
which this act is smendatory and supplementary the lien
the opposite party the real estate Of the party OBJ
tanning such second trial created by such Judgment shall
not be by the obtaining Of such second trial removed
vacated but the said party so obtained such
second trial shall be bound in the same manner
second taia sd not been demanded until the nal deter
9 Thisaet shall take effect on the 18th day of Ap
WILLIAM R. WOODS,
Speaker Of the House Of Reprssentatirss
MARTIN WELKER,
PrsIidsHt Of ths Senate
mo. 1911 AN ACT
Providing for the Relief surviving Lesees the
National Road and for futuse cement Of said Road
WHEREAS Samuel DOYLE and Samuel Foster, who are
solely interested lessees Of the National Road under
The aotb dav of Msv Is53 20, bs ps,an from
and after the LIST day Jnne 1854 TO the said Doyle and
Foster and Joseph Cooper having by their memorial petit
contained and TO be allowed TO surrender said road to the
state equitable terms; that the general assembly
aa hv
made by the board Of public works the 18th day o
February A. D. 1856 and protect the interests Of tho
lessees in the collection of tos And, Whereas tho relief
asked for by said DOYLE and Foster having pttioned
by numerous citizens Of the state living and in
torested In said road II appears 10 the general assembly
aud proper that some relief houldbe granted to said
lessees; therefore,
Sec /. be Il enacted By tho General AsssuJly Of the
Slate Of Ohio, That after the first day of June, 1859
the board Of public works shall take charge or control
keep repair national road passing through the state
Of Ohio and the essees Of road hereby released
from all obligation In that behalf from and after the said
s day of june 1885, Provided that the and control
said road above directed shall be taken by the
board OF public works only upon condition that the said
be in like good condition when received by the
esees and taking the and control of said afore
said said board ofpubie works shall forthwith select
person. the said lessees one and they two third, who
shall proceed at once to examine apprase and report up
oath to the board Of public works. the value Of the met
ais provided by sd eSsees for repairs thereon said road
in excess Of the metal received by the said when
they charge the under their lease the
settlement Of the account between said esseeS and the
state the board Of public works shall allow TO essees the
appraised value of said Of metal and shall further
allow 10 them amount equal TO the tolls which they
would have been entitled 10 receive coaches and Other
vehicles carrying the mail said road but for the
empOn of such coaches and vehicles from the payment
otoa under the compact between the state of Ohio aud
the United States said amount 10 be aSeeraned by the
board public works. and for any balance which shall bt
found dueto said eRsees after deductng the amount due
from them to the State under said contract lease tho
said board OF public works shall draw their draft upon
the auditor ofStAe In favor Of said essee aud the
shall be paid the warrant Of said auditor and Of
money IN the treasury for general revenue purposes moi
otherwise appropriated.
Sec. @ That on such settlement being made and the
balance " any, due the state from said essees being paid
tshal he the duty ef said board opubc works. release
the said lessees and their securities from all further Oh
CATION upon said lease and upon the bond bonds Civ
en- by them to the performance of the same and
sd lease and bond bonds shall be cancelled and said
board ofpublie works hereby further authorized and
required hereupon 10 release all mortgages given by xad
essees and their securities, to the performance
said contract
Sec. 3. This act shall take effect and be In force from
and after It's passage.
a Speaker Of the House Of RsprsssnfatiUsI
81 MARTIN WELKER.
President Of the Senate
April 4, 1859.
[No. coal AN ACT
To amend San act 10 provide against the Evils Resulting
from the sale OF Intoxicating Liquors in the State
Ohio" passed MAY !, 1854.
Sec. l. Re enacted by the General IsssHbly Of tn
State Of Ohio That section five Of the act 20 provide
liquors In the state Of Ohio passed May 1854 be aende
zon 10 oil Gae TT In