Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-03-11
AAMs 90 NNNAs
AN ACT
Defining the jurisdiction and regulating the
practice of Probate Courts.
BY AUTHORITY.

toDusneo IN eacn county IN this otate. a pre-
bate rourt, which shall be held at the county ssa
of each county.
Sec. 2, The said probate court shall have ez
elusive jurisdiction, except es hereinafter pro
vided, in probate and tesfamentary matfers
the appointment of administrators and guar
dians. the settlement of the accounts Of ex
eeutors, administrators and guardians. the is
suing Of marriage licenses, and concurreni
jurisdiction with the courts Of common plea
IN the sale of lands on petition by executors
administrators, and BY the guardians Of minor,
idiots and lunaties. and the assignment O
dover in such cases Of sale, and for the com
pletion Of real contracts on petition Of exc
sutnrs and administrators, and in allowing ant
issuing writs Of habess corpus; and shall hav'
power to administer oaths in all cases whers
oaths are required by law, and to take the ac
knowledgement Of deeds aad mortgages and
other instruments Of writing, and on goot
cause shown, in the vacation Of the court o
common pleas, 10 allow writs Of injunction and
Writs Of eertiOrari directed TO justices Of the
peace. returnable to the court of common plea,
of his county.
Sec. 3. That in addition to the other powers
and jurisdiction of the judge of the probate
court, as provided by this act, the said court
bhall have jurisdiction IN the trial and convic-
tion Of persons accused Of any crime or misde-
meanot, in the trial Of which. by the eonstitu-
tion and laws of this State, presentment or
indictment by grand jury shall not be re-
quired; and also. in inquests as to lunatics,
insane persons and idiots; and said judge shall
further have power TO take depositions IN all
cases here the same may be taken by the laws
Of this State; which powers and jurisdiction
shall be exercised and employed IN such man
ner as shall be prescribed by lnw; provided,
however that so much Of the provisions nf this
section as confers jurisdiction upon the pro-
bate court in criminal cases, shall not extend
TO the probate courts Of the counties Of Hamil-
ton and Cuyahoga-
Sec. 4. That in case the judge Of probate
shall refuse to admit any will of a deceased
person to probate, the person or persons pre-
senting the same for probate, shall have the
right TO appeal from such decision to the court
of common pleas of the proper county; and in
all cases where any will of deceased person
shall be regularly admitted TO probate, any
person shall have the right to contest the valid
ity of said will, by filing his or her petition for
that purpose in the court Of common pleas of
the proper county; and upon filing said petit
tion the clerk of the court Of common pleas
shall certify the fact 10 the probate court in
which said will shall have heen admitted 70
probate, and thereupon said Judge shall trans
NIT to said court OF common pleas, said will,
and copies of all such testimony and papers as
may have been filed in his office appertaining
thereto; and the judgment of The court of
common pleas in either Of the cases contem
plated by this section, shall be certified to
said Judge Of probate.
Sec. 5. That the probate courts shall have 4
exclusive authority 10 license ministers of the /
Gospel to s0lemnlze marriages, and in issuing /
marriage licences; the judges Of said courts |
shall perform the duties now required of the |
clerks of the courts If common pleas, be subject |
to the same liabilities, and be governed by the |
existing laws regulating marriages.
Sec. 6. That the judges Of the probate courts |
shall have full power and authority to issue
whatever process may be necessary for the eff
cient discharge of their duties, and TO make |
and publish rules and orders regulating the
busInes, and practice of their several courts,
not inconsistent with the laws of this State.
Sec, 7. That the judges of said courts shall
have the care and custody Of all files, papers,
books and records belonging to the probate
Office, except as otherwise provided in this act,
and are hereby authorized and empowered 10
perform the duties Of clerks of their own courts;
every Judge of probate shall have power to ap-
point deputy clerk, who shall previous to en-
teFing upon the duties of his appointment,
take an oath or affirmation, faithfully TO per-
form all the duties of his appointment; and
when so qualified, said deputy may do and per-
form any and all the duties appertaining to
the Office Of clerk of said court; and every pro-
bate judge may take such bond from his deputy
as he may deem necessary to secure the faith
ful performance of the duties Of his appoint
ment.
Sec. 8, That said probate court shall have a
common seal, to be provided by the commits
sioners Of the PROPER county, having the same
device as $,e sealstr thgourf Of common pleas,
except there shall be engraved around the mar
gin thereof, in addition 10 the name Of the
proper county, the words Hprobate court" in
stead of the words ''common pleas" That all
writs and process issuing from said court, shall
be under the seal thereof and shall hear Cest
and be signed by the judge issuing the same;
and all transcripts issuing from said court un-
der the seal thereof, and signed by the judges,
shall be received as evidence Of the facts there
In contained in all the cou Is of this State.
Sec. 9. 1t is hereby made the duty of the
sheriff of the several counties of this Stale, to
serve aud execute all process directed to them
by said judges OF probate in their respective
counties; and they shall be subject 10 fine and
amereement, as provided by law. for the neg
lect or refusal TO discharge the duties required
of them; and IT is hereby made the duty of the
Sheriff nf each county, or his deputy, TO attend
the probate court of his county, under the d.
rection of the judge thereof; and such sheriff I
shall receive for his service Of process. like fees
as are now provided by law q
Sec. 10. Contempt of the authority of said :
judges, in any cause or hearing before them,
may be punished in like manner as such con- !
tempt may be punished in the court Of COM
mon pleas; and if any person summoned 10 ap-
pear ss witness before them, shall refuse TO ap- c
pear and give evidence, such person shall be :
liable to like penalty or damage as for refusing
TO appear and give evidence before the court Of 9
pleas. {
Sec. III. No probate Judge shall practice law +
in any of the courts of record Of this State, or
appear as counsel, before any Justice of the
peace or board of arbitration: provided, that
nothing in this section contained shall prevent
any probate judge of this State from finishing 3
any business by him commenced prior to the /
passage of this act, not connected with his off,
cial business.
See. 12. That no probate judge shall act as
executor or administrator of any estate, or as
guardian for any minor, idiot or lunatIc, or if
he shall be interested as heir, legatee, deyisee,
or in any other manner. in any estate which
may be required TO be settled in the county
where he resides; all such estates and accounts I
of guardianship shall be settled by the court Of
common pleas Of such county. provided that
any probate judge who is now acting as execu- P
tor, administrators or guardian, may continue
to discharge the duties thereof till said trusts
can be duly closed and settled, 7
Sec. H. 1t shall be the duty of the probate
;,,5oe a. ror.ea n0fira IN he :. .or,, u