Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-03-09
LawsOf OhiO--PubIished by Authority.
mo III

AN ACI detlln5 the JuTlSqicuon anu reg ulalln5
the practice of Probate Courts.
SEC /, Be il enacted BY HE General As-
sembiy Of The State Of Ohio, That there
shall be established in each county Of this
Stale, probate court, which shall be held
al the county seat Of each county.
SEC. 2. The said probate cour shall have
exclusive jurisdiction, except as hereinafter
provided, in probate and leslamenlary mat
ters, the appointment Of administrators and
guardians, the settlement Of the accounts oil
executors, administrators and guardians, The
issuing of marriage licenses. and concurrent
jurisdiction with The courts OF common pleas
in The sale Of lands on petition by executors
administrators, and by the guardians OF mi
nors, idiots and unalics, and the assignment
of dover in such cases Of sale, and for the
completion Of real contracts on petition oil
executors and administrators, and in allow
ing and issuing wriis of habeas corpus; and
shall have power 10 administer oaths in all
cases where oalhs are required by law, and
TO take The acknowledgement of deeds and
mortgages and other instruments Of writing
and on good cause shown, in the vacation
of the court Of common pleas, 10 allow wrils
Of injunction and wrils of cerliorari directed
10 justices of The peace, returnabe 10 the
court Of common pleas, of his county.
Sec. 8. That in addition 10 the other pow
ers and Jurisdiction of the Judge Of the pro-
bale court, as provided by this act, the said
court shall have jurisdiction in the trial and
conviction of persons accused OF any crime
or. misdemeanor, ia The trial of which, by
the constitution and laws Of this State, a
presenIment or indictment by grand jury
shall not be required; and also, in inqueslS
as 10 lunaiics, insane persons and idiots; and
said Judge shall further have power to lake
depositionsi in all cases where the same may
be taken by the laws of this STATE; which
powers and jurisdiction shall be exercised
and employed in such manner as shall be
prescribed by law; provided, however, that
so much of The provisions of This section as
conlers jurisdiction upon The probate court
in criminal cases, shall not extend 10 the
probate courts Of The counties Of Hamilton
and Cuyahoga.
Sec. i. Tha,in case the judge of probate
shall refuse to admit any wiILo deceased
person 10 probate, the person or persons pre-.
senling the same for probale, shall have The
right 10 appeal from such decision 10 The
court Of common pleas Of the proper county
and in all cases where any will OF deceased
person shall be regularly admiued 10 pro
bale, any person shall have the right 10 con
les, the validity Of said will, by filing his O
her petition Tor that purpose in the court o
common pleas Of The proper county; and
upon filing said petition the clerk OF tn,
court of common pleas shall certify the fac
TO The probate courl in which said will shal
have been admiued 10 probate, and theteup
on said Judge shall transmit 10 said cour. o
: common pleas, said will, and copies Of al
such testimony and papers as may hav
been filed in his Office apperIainirg thereto
and The judgment Of the court of common
pleas in either OF The. cases contemplated b,
this section, shall be certified to said Judge 0
probate.
SEC. 5. Tha, The probate courts sha
have exclusive authority 10 license minister
, OF The Gospel 10 solemnize marriages, ant
in issuing marriage licenses;7 The. judges {
said cour.s shall perform the .daiis lssnow re
quired OF the clerks Of the courts Of com
mon pleas, be subject 10 the same Iiabiiiie;
and be governed by the existing laws regu
lsting marriages.
Sec 6. That the judges of the probat
courts shall have full power and aulhoril
; 10 issue whatever process may be necesSar
> for the efficient discharge OF their duties, an
TO make and publish rules and orders reg
5 Iating The business and practice of their SCI
eral courts, not Inconsistent with The laws
this State.
l. Sec. 7. That the judges of said cour
shall have The care and custody Of all file
Il papers. books and records belonging 10 II
probate Office, except as otherwise provide
in This act, and are hereby authorized al
y empowered 10 perform the duIies OF clerI
AZ of their own courts; every judge of proba
; shall have power 10 appoint deputy cler
who shall, previous TO enlering upon Il
u duties of his appointment take an oath
) affirmation, faithfully 10 perform all the d
y lies Of his appointment, and when so quail
10 fed, said deputy may do and perform al
and all the duties appertaining 10 the Off
of clerk of said courI; and every proba
Judge may lake such bond from his depu
n as he may deem necessary 10 secure Il
g. faithful performance Of The duties Of his a
r, pointment
! Sec. 8. That said probate court shi
: have common seal, 10 be provided by {
d. commissioners of the proper county, hav
IN the same device as the seals of the court
Of common pleas, except there shall be engl
L. we'd around the margin thereof in addiIi
ID to the name OF the proper county, the wor
lie "probate court" instead of the words "cor
L. m1n pleas" That all wriis and proce
=, issuing from said courl, shall be under /
p SoaI thereof, and shall bear lest and be sig
is ed by the judge issuing the same; and
lg transcripts issuing from said courI under Il
l. seal thereof, and signed by the judges, sh
IN be received as evidence of the facts there
m contained in all the courts OF this State.
SEC. 8. IL is hereby made The duty of /
'e sheriff of The several counties Of this Sta
Is 10 serve and execute all process directed
s. Them by said judges Of probate in their
m speclive counties; and they shall BE- subit
r. 10 fine and amercement, as provided by Ia
rs for the negleol or refusal to discharge t
" duIes required of them; and il is here
~ made the duty or,he Sheriff ofeuch coun
ed or his deputy, 10 attend the probale court
Isl his county, under the direction of the iud
10 ihnreoc. and ench shapiff 8 N rooo;va f..