The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-03-09
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
[No.33.]
AN AC'N

SAPlSHNhN"' ~ VIZ ! 'sNi' On tNl ~
provide for the settlement Of the estates of
deceased persons.
Section /. Be it enacted by the General
Assembly Of the State Of Ohio, That upon
complaint made to the probate court of any
county, by the executor or executors, ad-
mlnistrator or administrators, creditor or
creditors, deviscc or d~cyiSccs, lega'cc or leg
atceS, heir or heirs, or other person or per
sons interested in the estate of any deceased
persons, against any person or persons sus-
pected of having concealed, embc22led or
conveyed away any Of the moneys, goods,
c%hattels, things in action or effects of such
deceased, the said court shall cite the person
or persons suspected forthwith to appear be-
fore it, and to be examined on oath or atir-
nation, touching the matter Of the said
complaint.
Section 2. That if any person so IS afore-
said cited, shall refuse or neglect to appear
and submit to an examination rs aforesaid,
or shall refuse to answer such intcrro r]aturics
as may be lawfully ~propounded, the probate
court shall commit such person to the Jail OF
the county, there to remain in close custody,
until he Or she shall submit to the order and
dircc ion of tie court in that behalf.
Section 3. That all such examinations,
including as well questions as answers, shall
be reduced to writing, signed by the party
examined, and iilod in tie court before
which the same was taken.
Section H.. That the probate court shall,
if required by either party, swear or affirm
such o;her witness or Witnesses as may be Of
fered by either party, touching the matter of
such complaint, and shall cause the cxami-
nation of every such W~incss, including as
well questions as answers, to lie reduced to
wiring, signed by the witness and filed as
aforesaid.
Section 5. That if upon any such exam
%lnatlon, the probate court shall be of opinion
that the person or persons accused is or are
guilty, OF either having concealed, cmbczzled
or conveyed away any moneys, goods, chat
tells, things in action OF effects OF the dccca-
sed person aforesaid, the court shall forth
with render judgment in favor of the execu-
tor or executors, administrator or admins
traitors, of the estate, or in favor of the State
Of Ohio, for the use OF the estate of such de-
ceased person (f there be no executor or
administrator in this Stafel against the per-
son or person so found guilty, for the IL
mount of the moneys or the value of the
goods, chattels, things in a%ction, or effects
so concealed, embGzzled or conveyed away,
together with ten per ccntum penalty, and
all the costs of such proceeding or complaint.
which said Judgment shall be lien upon the
real estate of the person or persons against
whom lit is rendered, within the county,
from the rendition thereof.
Section 6. That the executor or cxecu-
tors, or administrator or administrators in
favor of whom any such judgment shall have
been rendered, may forthwith deliver to the
clerk OF the court Of common pleas of the
said county an authenticated transcript
(which the probate Judge Is hereby directed
to make out and deliver, ON demand, to such
executor or executors, or administrator or
administrators on which said transcript
the clerk aforesaid shall Immediately issue
an execution of tieri facias ct lcvari facias,
returnable to the next term Of the said court
Of common pleas for the amount of the orig
mal Judgment and costs, and the costs which
may have accrued, or may accrue thereon.
And thenceforth proceedings on the said ex
ccutions shall be in all respects as if the said
judgment had been rendered in the said
court Of common pleas.
Section 7. That if such judgment as a
toresaid be rendered in the name Of the
State of Ohio, and there be no executor or
administrator within this State, the prosccu-
ting attorney of the county shall cause the
said transcript to be filed in the clerks
Office, and proceed thereon to execution as
before provided; and he shall pay the mon
eys realized upon such execution, to the
treasurer of the county, for the use Of the
SAID estate, reserying such compensation to
only as the probate court may allow.
Section 9. That all gifts. grants or con-
veyances of lands, tencmcnts, Entertainments,
rents, goods. or chattels, and all bonds,
judgments, or executions, made or o btained
with intent to avoid the purposes OF this act,
or Il. contemplation Of any such examination
or complaint as aforesaid, shall be utterly
void and Of no effect.
Section o.. That the two hundred and
thirty-ninth section of the act to- provide for
the settlement CT the estates Of deceased