The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-03-10
LAWS OF OHIO.
pUpLIsnED ny AUTHORITY.
mo. ~ AN ACT

SEC. 1. Be il enacted BY the General
Assembly of the State Of Ohio, That there
shall be established in each county OF this
State, a Probate Court, which shall be
held at the county seat of each county.
Sec. 2. That said Probate Court shall
have exclusive Jurisdiction, except as here
mater provided, in probate and testament
tary matters, the appointment OF admins,
traitors and guardians, the settlement oi
the accounts Of executors. administrators
and guardians, the issuing Of marriage Ii.
oenses, and concurrent jurisdiction with
the courts of common pleas in the sale of
lands on petition by executors, admins
traitors, and by the guardians OF minors,
idiots and lunatics, and the assignment OF
dover in such cases Of sale, and Tor the
completion of real contracts on petition of
executors and administrators. and in allow
ing and issuing writs Of habeas corpus;
and shall have power 10 administer oalhs
in all cases where oaths are required by
law. and to take the acknowledgment of
deeds and mortgages and Other ins'ru-
ments of writing. and on good cause
shown, in the vacation of the Court Of
Common Pleas, 10 allow writs Of injunc-
ton and writs of certiorari directed 10
Justices of the peace, returnable 10 the
Court Of Common Pleas Of his county.
SEC. 8. That in addition to the other
powers and jurisdiction of the Judge of
the Probate Court. as provided bythis act,
the said court shall have jurisdiction in the
trial and conviction of persons accused
ot any crime or misdemeanor, in the trial
OF which, by the Constitution and laws Of
this State, a presentment or indictment by
q grand jury shall not be required; and
also, in inquests as to lunatics, insane per-
sons aud idiots; and said Judge shall fur.
ther have power to take dispositions in all
cases where the same may be taken by
the laws of this State; which powers and
jurisdiction shall be exercised and EN-.
ployed in such manner as shall be pre-
scrbed by law; Provided however, that so
much of the provisions Of this section as
confers jurisdiction upon the Probate
Court in criminal cases, shall not extend
TO the Probate Courts Of the counties OF
Hamilton and Cuyahoga.
Sec 4. That in case the Judge of Pro.
bate shall refuse to admit any will Of de.
ceased person to probate, the person or
persons presenting the same for probate,
shall have the right to appeal from such
decision 10 the Court Of Common Pleas Of
the proper county; and in all cases where
any will of a deceased person shall be
regularly admitted 10 probate. any person
shall have the right to contest the validity
Of said will, by filing his or her petition
for that purpose in the Court Of Common
Pleas of the proper county; and upon fiji,
ing said petition the clerk Of the Court o'
Common Pleas shall certify the fact to the
Probate Court in which said will shall have
been admitted to probate. and thereupon
said Judge shall transmit TO said Court
of Common Pleas. said will. and copies
of all such testimony and papers as may
have been filed in his Office appertainlne
thereto; and the judgment of the Court o.
Common Pleas in either Of the cases con.
templated by this section, shall be certified
to said Judge of Probate.
Sec. 5. That the Probate Courts shall
have exclusive authority to license Minis
ters of the Gospel 10 solemnize marriages
and in issuing marriage licenses; the
Judges of said Courts shall perform the
duties now required Of the clerks of the
Courts of Common Pleas. be subject tc
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 he neces
sary for the efficient discharge OF thei
duties, and to make and publish rules and
orders regulating the business and prac
tice of their several Courts. not inconsst
ent with the laws of This State.
SEC. 7. That the Judges of said Courts
shall have the care and custody of al
files. papers, books and records belonging
10 the probate office, except as Rtherw'se
provided in this act. and are hereby au
ihorized and empoweredto perform tbs
duties Of clerks of their own courts;
Judge Of Probate shall have power s0Hp
point deputy clerk. who shall. previous
10 entering upon the duties of his appoint
mert, take an oath or affirmation, faithful
" TO perform all the duties Of his appoint
ment: and when so qualified, said deputy
may do and perform any and all the du
ties appertaining to the office of clerk o
said court; and every Probate Judge may
take such bond from his deputy as HI
may deem necessary to secure the laithfu
performance Of the duties Of his appoint
nent.
SEC. 8. That said Probate Court shal
have a common seal. to be provided b,
tho commissioners ofsthe proper count.
having the same device as the seals OF tn
Court of Common Pleas. s.oxcept there shal
bs engraved around the margin thereof II
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