The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-03-10
Iiseveral courts, not inconsistent with the laws

several courts, not mconsistentwith the laws
of this State. 30 u eF-EEr
SEC. Z. That the Judges of the said
Courts shall have the care and custody of
all files, papers, books and records belong
ing to the Probate office, except as other.
wise provided in this act, and are hereby
authorized and empowered to 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
entering upon the duties of his appointment
take an oath or affirmation, faithfully to per-
form all the duties of bis appointment; and
when so qualified, said deputy may do and
perform any and all the duties appertaining
to the Office of clerk of said court; and every
Probate Judge may take suchbond from his
deputy as he may deem necessary to secure
the faithful performance of the duties of his
appointment. . .s ..s...-.
SEC. 8. That said Probate Court shall
have a common seal, to be provided by the
commissioners Of the proper county, having
The same device as the seals efthe Court of
Common Pleas, except there shall be engra-
Ived around the margin thereof in addition
to the name Of the proper county, the words
i'Probate Court instead of the words
''Gommon Pleas. That all wTits and pro-
cess issuing from said court, shall be under
the seal thereof, and shall bear test and be
signed by the Judge issuing the same; and
all transcripts issuing from said court under
the seal thereof, and signed by the Judges,
shall be received as evidence of the facts
therein contained in all courts of this State.
/ SEC 8. 1t is hereby made the duty of
ofthe Sherilis of the several counties of this
State, to serve and execute all process direct
ed to them by said Judges of Probate in
their respective counties; and they shall be
subject to fine and amercement as provided
by law for the neglect or refusal to discharge
the duties required of them; and tits here
by made the duty OF the Sheriff of each coun.
ty, or his deputy, to attend the Probate
Court of his county, under the direction OF
the Judge thereof; and such Sheriff shall
receive for his service of process, like fees as
are now provided by law.
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 tc
appear as witness before them, shall refuse
to appear and give evidence, such person
shall be liable to like penalty or damage rs
for refusing to appear and give evidencc
/, before the court, Of Common Pleas
i SEC. II, No Probate Judge shall prac-
tice law in any Of the Courts Of record o
this state, or appear as COUNSEL, before any
Justice of the Peace Or board of arbitration
| Provided, that nothing in this, section con
: tanned shall prevent any Probate Judge
of this State from finishing any business b.
him commenced prior to the passage of thil
act. not connected with his official business
Sec. 12. Thatno Probate Judge shallacta
executor or administrator Of any estate, or a
guardian for any minor, idiot on lunatic, o.
/ if he shall be Interested rs heir, legatee
J, Ideylsee, or in any other manner, in any es
tate which may be required to be settled il
f the county where he resides; all such cs
) tates and accounts of guardianship shall bt
, settled by the courto common, pleas of sucl
5 county: Provided, that any Probate Judge
+ who is now acting as executor, administrato
or guardian, may continue to discharge tht
f duties thereof Till said trusts can be dul,
5 closed and settled. a. asr. g.,
: SEC. IS. 1t shall be the duty Of the Pro
. bate Judge to cause notice to be published
: in some newspaper Of the county, if any b,
: published therein, or if not, by posting til,
$ same upon the door of the court house O
said county, of the filing ofany accounts b,
r executors, administrators or guardians, spe
eitymg the time when such accounts shal
be heard, which shall not be less than thre,
| weeks after the publication ofsuch notice, a
!, which time it shall be competent for sai'
Judge of Probate, for cause, to allow fur
thcr time to alloweXceptions to said account
and the costs Of such notice Shall be paid
, if more than one account be specified inatht
| same notice, in equal proportions by tn
, execute rs, administrators or guardians re
, lspcctiyely.
Sec. IA, The Judge of Probate shall hav
| full power and authority to examine unde
q oath, all executors, administrators and guar
{ dans, touching their accounts; and if h
5 shallHthink properso tosdogghemag reGuc
t such examination 70 writing, and requir
such executor, administrator or guardian, t.
, sign the Same; and such written exaninatio
shall be filed with the papers nthe case
. SEC. rs. That in the exercises of all th
: duties and jurisdctionim and conterre
: upon Judges of Probate, they shall be gov
4 erned by the laws now in force upon the sui
n jects respectively to (which they relate, unit
4 otherwise provided bylaw. }aa 1etA 20
u SEC. l6. That the final judgments, order
or decrees of the court OF Probate of an
t county in this State, may be reviewed, r;
S versed or affirmed, IN the court of Commo
It Pleas ofsuch county, BY appeal or certioraf
d and in case of appeal, The party appealin
e shall give bond and security to the satisla,
t tion Of such Judge q, Probate, eonditione
Il for the payment of all costs that may accru
/ in consequences Of such appeal, in case sue
It order, judgement or decree shall be affirmed
If but no such appeal shall be alloweR unles
{ it shall be perfected within thirty days iroi
J; the date Of such Judgment, order or decree
n Provided no bond for appeal shall be requii
Y ed when the appeal is taken by an executo
& administrator Or guardian who has give
bond as required BY law, or by minors, idioi
L or lunatics and in cases Of certiorari, th
5 party applying for the same, shall give bon
4 IN stch manner as is now provided by Law
ii Sec, II. Before any Probate Judge sha
: enter upon the discharge Of the duties Of hi
: Office, he shall take an oath or affirmation
: supportthe constitution Of the United State,