Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-03-08
z, n LAWS Uf OHIO. i-.s. 81. =
PUBLISHED BXf AUTHORITY.


No.slli ]Jez4 AN .ACT..5 sasNz e.tss
Defining the jurisdiction and regulating the prac-
tice OF Probate Courts. .oGesZ 4s5s-, j 81
Sec. l.. b it enacted 6y the General
Assembly. Of the State IF Ohio, That
there shall be established it, each county Of
this State, Probate C6uri, which shall be
held al the county sea. of each county. 90
Sec. 2. The said~Probnte Cour, shall
have exclusive jarisdielion,s except as here
inniter provided, in probate aud tesiamen,>
ary matters. the appointment Of admins
traitors. and guardians, the. settlement Of
The accounts of executors, administrators
and guardians, the issuing of5marriage liz
censes, and concurrent jurisdiction with the
Courts OF Common Pleas in the sale Of
lands on petition by executors, administra.
tors, and by the guardians Of minors. idiots
and lunatics,, and The assignment Of dover
in such cases of sale, and for the co,nple
tion Of real contracts on petition of execu>
tors and administrators, sand in allowing
and isscing writs OF habeas corpus; and
shall have power 10 ndmin ister oalhs in all
cases where oalhs are required by law, and
to take the acknowledgment Of deeds ard
mortgages and other instruments Of writ>
ing, and on good cause shown. in the va
cation oftthes Court Of Common Pleas, to
allow ,wri,s of injunction and writs, of. Ger
liorori directed to justices of the peace, re-
turnable 10 the Court OF Common Pleas Of
his ceuniy .,s,s z .1-.@5a IT, is,f .,s 81,
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 shall have jurisdiction in the
trial and conviction Of persons accused Of
any crime or misdomeanor, in the trial OF
which, by the constitution and laws Of this
Stale, a presennrent or indictment by a
grano jury shall not be required; and also,
IN inquesls as 10 lunatics, insane persons
and idiots; and said Judge shall further
have power TO take deposi,ions in all cases
where the same may be taken by the laws
Of this State; which powers and jurisdic
tion 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 coulers juris-
diction upon the Probate Court in criminal
cases, shall not extend to the Probate
Courts Of the counties OF Hamilton and
C1yahoga.
Sec A. That in case the Judge OF Pros
bate shall refuse to admit any will Of a de.
ceased person 10 probate, The person or
persons presenting alhe same for probate,
shall have the right 10 appeal from such
decision to the Court Of Common Pleas Of
the proper county; and in all fcases where
any will of'a deceased person shall be reg.
ularly admitted TO probate. any person shall
have the right TO, contest the validity OF
said will, by fling his or her petition for
thai purpose in the Court of Common
Pleas of.the propercoun,y; and upon filing
said petition The clerk Of che Cour. of Com.
mon Pleas shall'certily the fact 10 the Pro-
bate Court in which said will shall have
be en- admitted TO probate, and the-eupon
said Judge shall transmit 10 said Court Of
Common Pleas. said will, and copies Of all
such testimony and papers as may have
been filed in his Office apperlaining there
to; and the judgment of the Court Of Com-
mon Pleas in either Of the cases con,em-
plotted by this section, shall be certified to
said Judge Of Probate. . s.5e ~ C g.
Sec 5. That the Probate Courts shall
have exclusive authority 10 license Minis
ters Of the Gospel to solemnize marriages,
and in issuing marriage licenses; the Jldg-
es Of said Courts shall perform the duties
ties now required ofihe clerks of the Courts
Of Common Please, be subject to the same
Liabilities, and be governed by the existing
laws regulating marriages. .afs5'as -esi., q
Sec. 6. That the Judges Of the Probate
Courts shall have full power and authority
to issue whatever process mny be necessa-
ry for the efficient discharge of their duties,
| and to make and publish rules: and orders
regulating the business and practice Of their
several Courts, not inconsistent with the
laws Of this State. az fIe'ag > ~
Sec. I. Thatth 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 to perform the duties of clerks
ofIheir own courts; every Judge of Probate
shall have power 10 appoint deputy clerk,
who shall, previous to entering upon the
duties OF his poiptment,ta an oath or Of
irmation, faithfully to perform all the duties
Of his 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 such bond from his deputy
as he may deem necessary to secure the
faithful performance Of the duties OF his
appointment. 49,. .5...,...- - s..5 =. .,
Sec. 8. That said Probate Court shall
have common seal, to be provided by the
commissioners of the, proper county hay.
ing the same device as the seals Of the
court of common pleas, except there shall
be engraved around the margin ahereof in
addition to the name of the proper county.
the words s,Probate Court" insend of the
words ..Common Pleas" That all wriis
aud process 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 signedfby
the Judges, shall be received as evidence
ofthe facts therein contained in all the