The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-03-12
WHOLE NO. ST.,

and shall bear tesl and be signed by the
Judge issuing the same; and all trau-
, scripts issning from said court under the
seal thereof, aud signed by the Judges,
shall be received an evidence Of The facts
therein contained in all courts Of Ibis
Slate.
| SEC. 9. II is hereby made the duty of
Sheriffs Of The several counties OF this
State, to serve ard execute oil process
\ directed To them NY said Judges Of Pro-
bate in their respective counties; and
they shall be subject to fine and amerce-
meni as provided b. law for the neglect
or refusal 10 discharge the duties required
of them, and it is hereby made the duty
Of the Sherfrof each county, or his deputy
attend the Probate Court Of his C luniy,
under the direction Of The Judge thereof
aud such sheriff shall receive, for bis ser-
vice of process, like fees as are now pro-
vided by law. oe
Sec. 10. Contempt Of the authority Of
said Judges, in any cause or hearing bcS
fore them, may be punished in like man.
ner as such contempt may be punished
in the court ofcompon pleas: and if any
person summoned to appear as witness
before them, shall refuse TO appear and
give evidence, such person shall be liable
TO like penalty or damage as for refusing
to appear and give evidence before tlis
court Of common pleas.
SEC. ii. No Probate Judge shall prac.
iise law in any Of The Cours Of record
OF this State, or appear as counsel, be
fore any Justice Of the Peace or board Of
arbi,ra,ion. Provided, iha, nothing in
this section contained shall prevent any
Probate Judge of this State from finish
ing any business by him commenced
prior TO the passage Of this act not con-
nected with his official business.
! Sec. IL. That no Probate Judge shall
act as executor or administrator Of any
estate, or as guardian for any minor,
| idiot or luna,ic, or if he shall be intefes-
led as heir, legatee, devisee, or in any
other manner, in any estate which may
be required to be settled in The county
where lie resides, all such estates and
accounts vf guardianship shall be settled
: by the court Of cowmnn pleas Of such
!. county, Provided ,ha, any Probate Judge
: whOis now acting as exec;iior, udmia-
! islraioi or guardian, may continue to
discharge The dulirs thereof iii. said
trusts can be duly closed and settled.
SEC. l3 II shall be the duty Of the
Probate Judge to cause noiiceio be pub
lshed in SONS newspape, Of the couu,y,
il any be published therein, or If not, by
FASTING the same upon the door Of the
court house Of said county, Of the filing
of any accounts by executors, adminislra-
tors or guardians, specifying the time
when such accounts ,llall be. heard, which
shall not be less than three weeks alter
the publication of such notice, al which
time il snail be cumpeten, for said Judge
: of Probate, for cause, To allow further
time to file exception TO said accounts.
, and the costs Of suca notice shall be
paid. if more than one account be speci-
) fed in the same notice, in equal propor-
! ,ions by the executois, administrators or
guardians respectively.
n SEC. IA. lie Judge Of Probate shall
+; have full power and authority to examine
: under oath, all executor administrators
= and guardians, touching their accounts,
" and il he shall think proper so to do,
he may reduce such examination TO
] writing and require snch executor, adj
: miuistraior or guardian, 10 sign The same.
{, and such written examination shall be
: fled with the paps,s in the case.
: SEc. 10. That N the exercise of all
? the duties and jurisdiction impnsed ard
"a conferred upon Judges Of Pr bate, they
, shall be governed by the laws now in
force upon the subjects respectively to
which they Relate, until otherwise provid.
/. ed by law.
e Sec. l6. That the final judgments,
i orders or DEGREES of the couFl of Proba 10
l. Of any county in this State, may be re.
: viewed, reversed or affirmed, in the Court
u vi Common Pleas OF such county, hy
appeal or ceriiorari, and in case OF
IS appeal, the party appealing shall give
Il bond and security to The satisfaction of
such Judge Of Probate, conditioned for
r the payment Of any costs that may
d accrue in consequence Of such appeal.
il in case such order, Judgment or decree
Il shall be sffirmed--but no such appeal
k shall be allowed unles il shall be perfec-
e ted within thirty days from the date of
}, such judgment, order or decree--Pfoyid-
e ed, no bond tor appeal shall be required
o when The appcalis taken by an executor,
: administrator or guardian who Ilas r,veu
70 bond as required by law, OF tuy rasnors
ID IDIOTS OF lnna;ics--and ia cases nf Ger
ii 'iorari, the party applyir.g for the same
" shall give bond in such .oanner a. /
= now providedby av
y. 1hs. ,e - ,sfore aly Probate Judg
y sna;. sa's upon lac discharge Of d
,, uuar r i his office, he shall take an oal
" W So. -. ..s~t,r>ra the r,n a ,f,r IL,