The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-03-25

Sec. 8. That all such examinations
including as well questions as answers
shall be reduced 10 writing, signed b,
The party examined. and filed in The
court before which the same was taken
Sec. d. That The probate court shall
IHrequired by either party, swear or affirm
such other witness or witnesses as may
be offered by either party, touching the
matter of such complait, and shall cause
the examination Of every such witness,
including asweil questions as answers
to be reduced 10 writing, signed By The
Witnesses and fled as aforesaid. s.s
/ Sec. 5. That if upon any such exam
nation, the probate court shall be oi
opinion tSat the person or persons accis-
edis or are guilty, Of either having con-
sealed, embezzled or conveyed away apy
moneys, goods, chattels, things IN action
or effects Of the deceased person afore.
said, the court shall forihwith render
Judgment in favor Of The Executor or ex.
ecuiors, administrator or administrators
of the estate, orlih favor of,iIie State o!
Ohio, for The use of the estate Of such
deceased person (if there be no executor
or administrator in this siate) against tie
person or persons so found guilty, for the
Umount ofthe moneys or the value ofthe
goods. chattels, things in. .acliop, OF
| effecs SO concealed, embczzled or con-
vcyed away,to together with len per- cen
ium penalty, and all the costs of such
proceeding ocr complaint, which said
Judgment shall be a lien upon ,he real
estate Of the person or persons agaiOsr
whom it is rendered, within the county,
from the lendilionthereof. W. . fl.
Sec, 6. That the executor or execn>
tors, or administrator or administrators,
in favor OF whomrany such judgment shall
have been rendered, may forthwith deliv-
er TO the clerk ofthe court of common
pleas, ofibe said county, an auihcnicat!
ed transcript (Which The probate Judge is
| hereby directed TO make out and deliver,
on demand, TO such executor or execp-.
tors, or administrator or administrators
on which transcript the clerk aforesaid,
shall Immediately issue am execution of
feIi facias Ell levari facias, reurnable to
the next term Of said court of common
pleas for the amountoft the original indg-
ment and costs. and the costs which may
have accrued, or may accrue thereon, and
thenceforth proceedings on The said ex-
ecutlons shall be in all respects as the
said Judgment had been rendeid in The
said court Of common pleas. ~
Sec. 7. That if such iudgmen, as
aforesaid be rendered in The name of the.
State Of Ohio, and there be no executor
or administrator within this State, the
prosecuting attorney Of the county shall
cause said transcript to be filed in the
clerks office, and proceed thereon to ex-
ecution as before provided; and he shall
pay the moneys reulized upon such ex-
eculion, TO the treasurer OF the couaty,
for the use Of said estate, reseiving such
compensation 10 himselfonly as The pros
bate court mayaliow. al
Sec. s. That all gifts, grants or con-
veyances Of lands, ienemcnls, heredla-
menis, rents, goods, or cbatlels, and all
bonds, judgments, or executions, made
or obtained with inlen, TO avoid the pur-
poses Of this act, or in contemplation Of
any such examination or complaint as
aforesaid, shall be utterly void and Of no
effect. I,l0>lJ5
Sec. o. That the Two hundred and
thirty ninth section of the act to provide
for The settlement of the estates of de-
ceased persons, passed The twep,y-third
day Of March, 10 the year eighteen hun
dred and forty be repealed; Provided.
however, that such repeal shall not effect
any proceeding commenced or right ac-
crued under or in virtue of the said Sec
ton. a.g slv na
JAMES G. JOHNSON,
Of the House ofRepresentalives3 of
WILLIAM MEDILL,
President Of the Senate.
February 25, 1853.
No. 80.
AN ACT Regulating the fees OF Sheriffs
in Probate Courts.
Sec. !. Be it enacted by the General
Assembly Of the State Of Ohio, That the
Sheriff5 Of the several counties in this
State, for performing the duties required
by law in the Court of Probaie, shal! re-
oeive the same fees as are now or here
after may be allowed by law for similar
services in the Court of Common Pleas,
10 be taxed against the proper parties by
the Probate Judge. "
JAMES g.. JOHNSON,
Speaker Of the House Of Representatives,,
WILLIAM MEDILL,
tat President Of the Senate.
March 2, 1853.
No. 40.
AN ACT Making appropriations in part
for the ye1r 1858, and for deficiencies
in the Quarter Master Generals De-
parlmenl, in the year 1852.
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