Year: 1859

mo. 1901 AN ACT e+.


10 amend section two Of an act entitled
can Act to relieve the District Court


and to give greater efficiency TO the Ju-


dicial System OF the State" passed A.


pril l2, 1858, and supplementary to


said act.


Section 1. Be it enacted by the Gen.
eral Assembly Of the State Of Ohio, That
section two Of said act be amended 80 as
to read as follows: Section 9. Any per.
son desirous Of such second trial, as pro.
vided for in 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 sec.
ond trial; and shall enter into an underta.
king 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 obtaining such second tri.
al shall abide and perform the order and
judgement Of the court, and pay all mon
eys, costs and damages which may be
required or awarded against him, conse-
quent upon such second trial; provided
that in no case shall administrators, exec
utors or guardians. who may have given
! bond in this state, with sureties according
so law, bcompelled 10 enter into an
undertaking in order TO be entitled to
second trial as is above provided.
! Sec. 2. That said original section two
be and the same is hereby repealed.
/ Sec. 3. That whenever notice is enter
ed upon the records Of tho court Of par
TVS demand 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 that the case is
one in which trial by jury may be de-
manded by either party.


Sec. !. That the opinion of the court
allowing or disallowing second trial,
shall be entered upon the journal Of the
court, and, if in favor Of the allowance Of
a second trial, then the undertaking requir-
cd by the said second section of said act,
as amended, shall be entered into within
thirty days after the entry Of said allow
ance. .... ~.


Sec. s. If the opinion Of the court
shall be adverse to the allowance Of the
second trial, either party may appeal to
the district court from the judgment rem
dered in the case, by giving notice thereof
and entering into an appeal bond agreea.
bly, to existing statutes.


Sec. If the order of the conrt adverse
to the allowance of the second trial, shall
be reversed upon error by the district
conrt, or if the acion shall be appealed
dismiss on the ground that second trial
should have been allowed, then and in
either case the action shall be. remanded
to the court Of common pleas and The
party or parties on whose petition the
said order was reversed, or the party
or parties who may have repealed such
action, as the case may be, may, at the
term of the court at which the mandate
is received, enter an the records of the
court bis demand for second trial; and
there upon such action shall be proceeded
in, in all respects, as If said judgment 80
reversed had ben rendered at said term.
Sec. 7. If!he order of the court allow.
ing a second trial, shall be reversed for
error therein by the distric: 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 a.
mount 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 second trial, en-.
ter into an undertaking in the amount and
condition prescribed by the district court,
TO the acceptance Of the clerk thereof.
which shall be fled in the Office Of said
clerk; and thereupon such action shall be
proceeded in, in all respects, as il the
same had been originally appealed on no.
tice regularly entered and undertaking
6 iven pursuant to the act regulating ap-
peals to the district court.


Sec. 8. In all cases where the party
against whom judgment is rendered OBJ.
tains second lrial under the act to which
This act is amendatory and supplemental.
ry. the lien of the opposite party on the
real estate OF the party so obtaining such
second trial created by said judgment.
shall not be by the obtaining Of such Sec
ond trial removed or vacated. but the real
estate Of said party SO obtaining such Sec
ond trial shall be bound in the Same man>
ner as it said second trial had not been
demanded until the final determination of
the cause.


Sec. 3. This act shall take effect on.
the 18th day Of April next.


ai a~t WILLIAM B. WOODS,
Sneaker of the Housa of Renresenfatiyes