The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-03-18
LAWS OF OHIO.
Published by AUTHORITY.
AN ACT

NO. 3Sl AN ACT
Supplementary to the act entitled an act to provide
Tor the settlement OF the estates of deceased per-
sons.
SEC. /. BE II enacted by the General Assembly Of
The State Of Ohio, That upon complaint mude to the
probate court OF any county, by the executor or exc
cuturs, administrator or administrators creditor or
creditors, devsee or devisces, egatee or legatees,
heir or heirs, or other person persons interested in
the estate OF any deceased persons, against any per-
son or persons suspected OF having concealed, en-
bezzed conveyed away any Of the moneys, goods,
chattes, things in action or ELECTS OF such deceased
the said court shall cite the person or persons suspect
ed forthwith to appear tfore A. and 10 be examined
on oath or affirmation, touching the matter Of the
said complaint. .
Sic. 2. That IL any person 10 as aforesaid cited,
such refuse or neglecrto appear and submit TO hn
examination as Aforesaid or shall refuse 10 answer
shall in terrogatories as may be lawfully propound-
ed the probate court shall commit such person the
Jail OF the county there to remain in close custody,
until he or she shall submit the order and direction
VI the court in that behalf.
SEC. 8. That all such examinations including as
well questions as answers shall be reduced to writ
ing, signed by the pnrty examined, and filed in the
court before which the SAME was taken.
SIC A. That the probate court shall, If required
by either party, swear or affirm such other witness
or witnesses as may be offered by either party touch
! ing tile matter vi such complaint and shall cause
the examination of every such witness. including as
well questions as answers TO be reduced To writing,
signed by the witness and filed as aforesaid
| Sec 0. That II upon any such examination, the
probate court shall be Of opinion that the person or
persons accused is or guilty, of either having
concealed, embezzled or conveyed away any moneys,
goods, chatteis, Things in action effects OF the
deceased person Aforesaid the court shall forthwith
renderudgmen in favor of the executor or executors
administrator or administrators of the estate or in
favor ot the State o Ohio, for the use OF the estate
OF such deceased person if there be executor or
administrator IN this Stae) against the person OF
persons found guilty for the amount OF the moneys
or the value ol the goods chattels things in action
or elects so concealed, embezzled or conveyed away
together with ten per ecntuhI penalty, and all tht
costs ut such nrnrneiing pr complaint, which said
Judgment snail nc lien upon the real estate of the
person or persons ngainst whom it is rendered. with
IN iile county, from the rendition thereof
SEC. d. That the executor or executors or adj
mlnistrator or administrators in favor of whom an,
such Judgment shall have been rendered, may forth
win deliver to the clerk OF the court of common
pleas OF tile said county; authenticated transcrip
(which the probate Judge is hereby directed to max,
out Il deliver, demand, 10 such executor or exccI
tors, or administrator or administrators) on which
said transcript the clerk aforesaid shall mnedaul,
issue execution Of feri iacias ct levar facias nc
tnrnabe 10 the next term OF suid court Of common
pleas Tor the amount o! the original Judgment anC
costs, and the costs which mny have accrued or ma,
accure thereon. And thenceiorth proceedings on TIN
SAID executions shall be in oil respects if the sal,
Judgment had been rendered in the said court o
common pleas.
SIC. Z. That II such Judgment rs aforesaid bt
rendered in the name Of the State of Ihio and thcr,
be no executor or administrator within this State
the prose cutting attorney OF the county shall caust
the said transcript to be filed in the clerks Office &
proceed thereon TO execution as before provided &
he shall pay the moneys realized upon such exocu
ton, to the treasurer Of lhecounty for the use OF th
said estate reservlng such compensation TO himsel
only as the probate court may allow.
Sic g. That all gsits. grunts or conveyunces o
! lands, tenements herediaments, rents goods, O.
c!lalcls, and all bonds, Judgments, or executions
nl ar F.I.t nnII int
OF this act. in contemplation of any such exalina
ton or complaint aforesaid, shall be utterly vol,
and OF no effect. .a
SEc O. That the two hundred and thirty .nintl
section OF the act TO provide for the settlement of the
estntrs OF deceased persons passed the twenty thrc
day OF March, in the year eighteen hundred nnd
forty be repealed: prouuled, however, that such re-
peal shall not afrc, any proceeding commenced OF
right accrued under in virtue of the said section
JAMES G. JOHNSON,
Speaker Of the House OF Representatives
WILLIAM MEDlLl,
President oi the Senate.
lp,c