Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-03-15

providing for the appointment Of commits.
sioners Of sewers in certain counties in this
State" passed March 26lh, i84l,and the
amendatory act thereto, passed April 30lh,
1859, be and the same are hefebyrepeaied.
JAMES G. JOHNSON,
Speaker of the Hoast Of Reps.
WILLIAM MEDILL,
President Of Ne Senate.
February "a, 1858.
I[No. 38.1 AN ACT
Supplementary to the oct eniiI Jed "an act TO
provide for the settlement q The estate of
deceased persons"
Sec l. Be il enacted by The General AS
sembly Of the State Of Ohio That upon
complaint made 10 the Probate Court OF any
county, by the executor or eEecu.ors, ad-
ministrator or administrators creditor or
creditors, deyisee or deviseef, legatee or
egaees, heit OF heirs, or olber person or
persons interested in the esIaIe of any de.
ceased persons. against any person or per-
SONS suspected Of having concealed, en-
bezzled or conveyed away any Of The mon
eys, goods, chales, things in afiion or effects
Of such deceased. the said Court shall cite
the person or persons suspected forthwith 70
appear before it, and TO be examined on oath
or affirmation, louching. the matter Of the
said complaint ,,S. .a, 6.ba,,...
Sec. 2. That If any person so as aforesaid
ciled, shall refuse or neglecl 70 appear and
submit 10 an examination as aforesaid, or
shall refuse 10 answer such interrogalores
as may be lawfully propounded, the Probate
Cour, shall commit such person to the Jail
Of the county, there 10 remain in close GUS
tody, until lie or she shall submit TO the
order and direction Of The Court in that
behalf.
Sec. ;. Tha, all such examinations, in.
cluding as we'll questions as answers, shall
be reduced TO writing, signed by the party
examined, and filed IN the Court before
which The same was taken.
Sec. 4. That the Probate Court shall, If
required by either party, swear or affirm
such other witnesses as may be offered by
either party. touching The matter OF such
complaint, and shall cause the examination
of every such witness, including as well
questions as answers, 10 be reduced TO
wiring, signed by the witness and filed as
aforesaid. GE
Sec. s. That If upon any such examina.
tion, the Probate Couu shall be Of opinion
that the person or persons accused is or are
guilty, ofeilher having concealed, ,embezzled
or conveyed away any moneys, goods,
cha,lels, things In action or efiscls OF the
deceased person aforesaid, lhe Eourl shall
forthwith render judgment 70 favor Of the
executor or executors, administrator or ad.
minisma,ors, ofihe estate, or in favor of the
State Of Ohio, for the use of the estate Of
such deceased person (if there be no execu-
tor or administrator in this State against the
person or persons SO found guilty, for the
amount Of the moneys or the value Of the
goods, chatiels, things in action, or effects
concealed, embezzled or conveyed away,
together with the ten per cen,um penalty,
and all the costs Of such proceeding or COM
plaint, which said judgment shall be lien
upon the real estate Of the person or persons
against whom il is rendered, within the
county, from the rendition thereof.
Sec. 6. Tha, the executor or executors,
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 said county
an authenticated transcript (which the Pro-
bate Judge is hereby directed 10 make OUT
and deliver, on demand, TO such executor or
executors, or administrator or adminislra-
tors on which said transcript the clerk
aforesaid shall Immediately issue on execu-
lion OF fieri facias ct levari lacias, returnabe
10 the next term Of said Court of Common
+ Pleas for the amount Of the original judg-
ment and COSTS. and the costs which may
have accrued or may accrue thereon. And
,hencelorth proceedings on The said execu-
, lions shall be in all respects as if the said
judgment had been rendered in the said
! Court Of Common Pleas.
, Sec. z. That if such judgment, as afore-
said be rendered in the name Of The State oil
, Ohio, and there be no executor or admins.
traitor within this State, tho Prosecuting Al
, ,orney Of the county shall cause the said
} transcript, TO be filed in the clerks office
and proceed thereon to execution as before
I provided; and he shall pay the moneys
. realized upon such execution, 10 the Treas
urer Of the county, for the use Of the said
estate, reserving such compensation TO him.
self only as the Probate Courl may allow.
} Sec. 8. That all gifts, grants or convey
! ances Of lands, tenements, hereditaments
/, rents, goods or chauels and oil bonds, Judg
/ menls or executions made or Obtained witt
intent 10 avoid the purposes Of this act, or il
contemplation of any such examination Of
j.. complain, as aforesaid, shall be utterly voiC
] and rno effect.
. Sec 8. That the two hundred and thirty.
. ninlh section Of the act TO provide for ,ht
settlement f,he estates Of deceased persons
I passed the twenly.,hird day OF March, in iht
year eighteen hundred and forty, be repealed
Y Provided. However, that such repeal shal
e not affect any proceeding commenced o.
I right accrued under or in virtue of the sale
g section. JAMES G. JOHNSON,
i Speaker ofihe Houes of Reps.
S WILLIAM MEDlLL,
February 26. President Ofihe Senate.
}, No. 49,. AN ACT
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