The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-03-10

direction OF the Judge thereol anu sucu
sheriff shall receive for his service OF pro.
cess, like fees as are now provided by law,
SEC. 10 Contempt OF the authority OF
said Judges, in any cause or hearing be-
fore them. may be punished in like manner
as such contempt may be punished in the
Court of Common Pleas; and if any per.
son summoned 10 appear as witness before
them, shall refuse 10 appear and give evil
dence, such person shall be liable to like
penalty or damage as for refusing to ap-
pear and give evidence before the Court
OF Common Pleas.
Sec. II. No Probate Judge shall prac-
tice law in any Of the Courts of record OF
this State, or appear as counsel, before
any Justice OF the Peace or board of ar
bitralion; Provided. that nothing in this
section contained shall prevent any Pro.
bate Judge OF this State from finishing any
business by him commenced prior to the
passage Of this act, not connected with his
official business.
SEC. IL. That no Probate Judge shall
act as executor or administrator Of any
estate, or as guardian for any minor, idiot
or lunatic, or il he shall be interested as
heir, legatee, devisee, or IN any other man
ncr. in any estate which may be required
to be settled in the county where he resides;
all such estates and accounts Of guardian
ship shall be settled by the Court OF Com.
mon Pleas of such county; Provided, that
any Probate Judge, who is now acting as
executor. administrator or guardian, may
continue to discharge the duties thereof
till said trusts can be duly closed and set.
tled
Sec. l3. 1t shall be .he duty OF the Pro-
bate Judge to cause notice to be published
in some newspaper Of the county, it'any
be published therein, or il not, by posting
the same upon the door Of the court house
of said county, Of the filing OF any ac-
counts by executors. administrators or
guardians. specifying the time when such
accounts shall be heard, which shall not
be less than three weeks after the publica-
ton Of such notice. at which time 1t shall
be competent Tor said Judge of Probate,
for cause, to allow further time to file ex-
ceptions to said accounts; and the costs
of such notice shall be paid if more than
one account he specified in the same no.
lice, in equal proportions by the executors,
administrators or guardians respectively
SEC. IA. The Judge Of Probate shall
have full power and authority TO examine
under oath, all executors, administrators
and guardians. touching their accounts;
and if he shall think proper so to do. he
| NAV reduce such examination to writing
and require such executor, administrator
or guardian. to sign the same; and such
written examn alton shall be filed with the
papers in the case.
SEC. 49, That in the exercise Of all the
duties and jurisdiction imposed and con-
ferred upon Judges of Probate, they shall
F he governed by the laws now in force upon
the subjects respectively 10 which they re-
late, until otherwise provided by law.
SEC. l6. That the final judgments, or
ders or DEGREES of the court Of Probate o.
any county in this State, may be reviewed
reversed or affirmed, in the Court Of Com
, mon Pleas Of such county, by appeal OF
f certiorar; and in case of appeal, the par
ty appealing shall give bond and security
10 the satisfaction of such Judge of Pro
bate, conditioned for the payment OF al
costs that may accrue in consequence o
such appeal, in case such order. ludgmen
or decree shall be affirmed; but no sucf
} appeal shall be allowed unless it shall be
} perfected within. thirty days from the date
} Of such Judgment, order or decree;. Pro
} vided, no bond for appeal shall be requir
ed when the appeal is taken by an execu
tor, administrator or guardian who has
, given bond as required by law, or by mi
I nors, idiots or lunatics; and in cases o
certiorari. the party applying for the same
+ shall give bond in such manner as is now
provided by law.
SEC. II. Before any Probate Judge shal
enter upon the discharge Of the duties o
his office. he shall take an oath or atlirma
) ton to support the constitution of the Uni
! ted States, the constitution Of the State o
, Ohio, and that he will faithfully, diligentl!
} and impartiaIy discharge the duties o
Probate Judge 10 the best of his skill an'
] ability; and shall also give bond with suffi
cient security, to be approved by the boarc
of county commissioners of the prope
, county. or IN the absence of any two o
. said commissioners from the county Wher
: said bond is to be executed, by the audi
ajor and recorder Of the proper county o
The State of Ohio. in any sum not les
THAN five thousand dollars, conditioned tina
{ he will truly and faithfully pay over al
, moneys that may by him be received il
. his official capacity. and that he will ente
] and record all the orders, DEGREES. judg
: ments and proceedings of said court, ant
faithfully and impartially discharge anc
! perform all the duties Of his said office
Y which bond. with his oath or afiirmal alior
4 4 ,l,oN t,o laI lava,