The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-03-12
T. A w S OF OHIO.
PUBLISHED BY AUTHORITY.
AN ACT

>
Defining the Jurisdiction and regula
ting The practce OF Probate Courts
SEC. IL Be II enacted By the Genera
Assembly Of the State of ohio, That there
, shall he established in each county Of this
State, Probaie 'Court, which shall be-
held !, the county seat of each county.
SEC. 2. The said Probate Court shall
have exclusive jurisdiction, exc' pi as
hereinafter provided, in probate aud
,es'amentary matters, the appointment Of
administrators and guardians, the settle.
ment of the accounts of executors, ad.
ministrators and guardians. the issuing OF
mqrraee licenses, and concurrent jiirisdic
ion with The Courts of Common Pleas in
the sale of lands on petition by execu-
tors, admins traitors, aud by the guard-
ans Of minors, idiots and lunafics, and
: the assignment of dover in such cases Of
sale, and for the completion Of real con.
tracts on petition Of executors and ad-
mnistraiors, and in allowing and issuing
writs OF habeas corpus; and shall have
power 10 administer oaihs in all cases
, where oaIhs are required by law, and 10
take the acknowledgment, of deeds and
mortgages and other instruments of wri.
ting, and on good cause shown, in The
vacation of the Court Of Common Pleas
TO allow writs Of injunction aud wits o
certo-ari directed to Justices of the peace
rclurnable 10 the Court Of Common Pleas
Of his county.
SEc. 3 That in addition to the other
powers and jurisdiction Of the Judge Of
the Probate Court, as provided BY this
t act, The said court shall have jurisdiction
in the trial and conviction of person,
. accused of any crime or msdemeanor, IN
the trial of which, by the constitution and
laws Of this State, a presenimen. or in
dic'mcr' by a grand jury shall no, be
requlied; and also, Ia inqnests as 10
lunatics, insane persons and idiots; and
said Judge shall further have power 10
!. take dispositions mall cases where the
same may be taken by the laws of this
i Slate; which powers aud Jurisdiction
shall be exercised aud employed in .sucll
manner as shall be prescribed by law
! Provided however, that SO much oS the
|, provisions Of This section as confers iuris
y diciion uPun The Probate SCOUT in cri
s4imisi cases, shall not extend to the Pro-
hale G Courls Of The counties oi Iamil,o,
. and Cuyahoga.
/ SEC. 4 That in case the Judge oil
. Probate shall refuse TO admit any will OF
: a deceased person to probate, The person
orpersons presenting The same for pro-
bate, shall have the right 10 appeal from
, such decision to the Court of Common
Pleas of the proper county, and in all
g cases where any will ola deceased person
: shall be regularly admitted To probate,
I. any person shall have the right 10 con
T test the validity Of said will, by filing his
or her petition for that purpose in the
n Con't Of Common Pleas of the prope,
9 county, and upon filing said petition ih,
/ clerk ofthe Court of Common Pleas shal
J. certify the fact To the Pmbate Court il
J. which said will shall have been admitted
to probate, and ihereupon said Judge
shall transmit To said Court nf Common
= Pleas, said will, and copies Of all sucl
y testimony and papers as may have beel
:, filed in his office appertaning thereto
u aud tine judgment Of the Courl of G m.
mon Pleas in either of the cases con,en
y plated by the section, shall be certified t.
~ said Judge Of Probate.
e SEC. 5. Thai the Probate Courts shal
have exclusive authority to license Minis
ers of the Gospel to solemnize marriages
,s and in issuing marriage license, the Jud-
- ges OF said C"url's shall perlGrm the du-
"a lies now required Of the clerks of III,
- Courts of Common Pleas, be subj .ct I,
,yr the same liabilities, and be governed b
n the existing laws regulating marriages.
:. Sec. g, That The Judges of the Prohat
q Courts shall have full power aud autbcrl
5. V to issue whatever process may b
!, necessary .or the efficient discharge q
nr their duties, and to make and pnbis
A rules and orders regul ting the .busincs
.. and practice Of their several Courts, no
T. inconsistent with the laws of this State
IN SEC. 7. That the Judges OF said Cour,
10 shall have the care and custody Of a
:, files, papers, books and records belong
), ing to the probate effice, except as othe
N wise provided in this act, and empowere
10 to perform the duties of clerks of .hei
III own courts; every Jadge OF Probate sba
have power 10 appoint a deputy cler
who shall, previous 10 entering upon III
is duties oflis appointment, take an oath {
40 affirmation. faithfully to perform all III
N duties ofhIs Appointment; aud Hhen s
qualified, SAID deputy may do aud per
form any and all The dules apperainiu
:, TO the office OF clerk of said cour,; al
i. ~ every Probate Judge may take sue
,is bond from his deputy as he may dee
necessary TO secure the faithful perfol
nance Of the duties Of the appointment
SEC. 8. That said Probate Court shs
have common seal, TO bc provided
the commissioners Of the proper coun