Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-03-12

Courts OF Common Pleas 10 the sales OF lanoa
% petition BY executors, administrators and BY
he guardians Of minors idiots and uuaiics, and
he assignment Of dover 10 such cases OF sale,
snd for The compilation OF real contracts Oh pc
Ition OF executors and adminisFstors, and 10
ssuinq writs of habeus corpus and shall have
power 10 administer oalhs in all cases where
oa,hs are required by law. and 30 take The &C.
Of deeds and mortgages and oLh.
er instruments Of wiring. fhd % good cause
shown, 10 the vacation OF the court OF Common
Pleas, 10 allow wria Of injunction and wriss OF
ceriorari directed TO Justices Of the peace, re-
lurnabIe 10 the Court Of Common Pleas Of Als
coun.y.
sec. 3. That in addition TO the other powers
and jurisdiction Of he Judge of the Probate
CoutI, as provided by this act, The said court
shall have jurisdiction IN the trial and convic-
lion Of persons accused Of any crmo or m'sde'
meanor, or 10 the trial Of which, by the consu'
tuition and laws Of this STATE, a presonImeni or
indictment by grand jury shall not be re-
qdred and also, in nquests as 10 Iuna'lcs, 10,
sane persons aud idiots, and said Judge shall
further have power 10 take dispositions 10 all
cases where the same may be taken by The laws
Of this State, which powers and Jurisdieuon
shall be prescribed by law; provided, however,
that so much of The provisions OF this secuon
as confers jurisdiction upon the Probate Coan
in criminal cases shall not extend TO The PRO,
hate Courts Of the counties og llamilIon and
Cuyahoga.
Sec. 4. That in case the Judge OF Probate
shall refuse 10 admit any will Of deceased per-
son TO probate, the person or persons presenting
the same for probate shall have The right 10 ap-
peal from such decision 10 the Court OF Com
mon Pleas of the proper county and IN all
cases where the will of any deceased person
shall be regularly admiued 10 probate any per-
son shall have the right to contest the validity
Of said will by filing his or her Penuoh lot 'na'
purpose in the court OF common pleas ol 'he
proper county, and upon filing said peIi''on 'he
Clerk of The court Of common pleas SHAH Ger.
,ify the fact TO the probate court IN when saa
will shall have been admitted 10 Prooale' ana
,hereupon said Judge shall transmit TO SAID couf.
of common pleas said will and copies OF all
such testimony and papers as may nave oeen
filed in his Office apperlainng thereto, and the
Judgment Of The court of common pleas IN ell
,her Of the cases contemplated by this section
shall be certified to said Judge Of Probate.
Sec. s. Tha, the probate courts shall have
exclusive authority TO license Ministers ol the
Gospel to soemnize marriages and 10 issuing
marriage licenses, the Judges oil SAID courts
shall perform the duties now required oil Ihe
courts of common pleas, be subject 10 the same
Liabilities and be governed by the exls'ng laws
regulating marriages.
Sec. g.. Tha, the Judge Of tho probate
courts shall have full power and authority 70 ~
sue whatever process may be necessary lor Vle
efficient discharge Of their duties, and TO make
and publish rules pnd orders regulating Inc ous'
mess and practice OF their several courts mol In'
consistent with the laws Of this STATE
Sec. 7. Tha, the Judges Of said courts shall
have the care and custody of all hles, papers,
books. and records belonging to the probate Oh
fee, except as otherwise provided IN this ac''
and are hereby authorized and empowered to
perform The duties Of clerks oil their own courts
every Judge OF Probate shall have power TO ap'
point deputy clerk, who shall previous 10 en'
tering upon the duties Of his appointment, take
an oath or affirmation, faithfully to perform all
the duties of his appointment; aud when SO
, qualified, said deputy may do and perform any
and all the duties apperlaining TO the Office oi
clerk OF said Sourt and every Probate Judge
may take such bond from his deputy as he may
deem necessary TO secure the faithful perform
ance of the duties of his appointment.
{ Sec. 8. That said probate court shall have
i a common seal TO be provided by the commIs
e sloners Of ,he proper county, having the SAINT
n devise as the seals Of the court OF common
!. pleas, except there shall be engraved around Ih'
margin thereof, in addition TO the name of the
4 proper county, the words "probaIe court" IN
s,ead of the words "common pleas" That al
writs and processes issuing from said court shaI
. be under The seal thereof, and shall bear Ies
= and be signed by the Judge issuing the same
. and all Transcripts issuing from said court unde
v the seal thereof and signed by The Judge, shal
. be received as evidence of the lacIs therein con
!. tanned in all Of the courts Of the State.
n Sec. 8. It's here made the duty Of the Sher
ifs of The several counties OF this State TO seFv
q and execute all process directed TO them BY SAL
# Judges Of Probate in their respective counties
a. and thew shall be subject to fine and ameTce
uent as provided bv Jaw for The NEGLECT or re
i lusal TO discharge the duties required of them
and it IS hereby made the duty OF the Sherli
! of each county, or his deputy, 10 attend the pro
!. bate court Of his county, under the diFec'lon
10 the Judge thereof, and such Sheriff shall re-
h ceive for his services OF process Ke ices as ho'
i. provided by law.
d Sec. 10. Contenp. of the authority OF sal
0, Judges, in any cause or hearing before them
q NAV be punished in like manner as such con
ID tempt may be punished in the courts oil CON
as mon please, and if any person summoned to aE
~ pear as witness before them shall refuse to az
le pear and give evidence, such person shall be !
e. able to like penalty of damages for refusing
n appear and give evidence as before the cou'tt
common pleas.
Sec. ii. No Probate Judge shall practlc
law in any Of the courts Of record in this Stai
or appear as counsel before any Justice OF u
Peace or board of arbitration; provided tn
nothing in this section contained shall Preve
any Probate Judge in this STATE from flnishlr
any business by him commenced Prlor 70 y ]
passage of this act. not connected win MS on
&c. cial business.
90 Tkn, ~ pxohata Iudpe shall a