The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24
CHAPTER III.
Powers and Du'ies of the Probate Judge IN
Civil Cases.

Sec. II. The several probate ju'ses shall, from
time 10 time make rules not incOnslstpnt with the
laws OF the State, tor regulating the practice and
conducting the business in their respective courts;
and they shall within one wear after this act .all
take effect return u statement OF their rules anI
course ui proceedings 10 the supreme court, and
shall make like return ut al their rules thereafter
made, as soon US convenient after making the same;
and the supreme court shall have power TO alter and
amend all such rules ard 10 make o:her and further
rul-s, ir nj Time 10 time, Tor regulating the 70 eed
G. in all the probate courts OF this State as tLey
shall judge necessary in TO introduce and main
tain re- ul nity and uhf IN in the said pr c,ed-
lngs.
Sec Is. Orders for the payment of money may
he enturc6d .y execution otherwise, in the same
mnnmer US judgements in the courts OF common
pleas. All such executions shall be directed TO
he sheriff, IN his absence disability, 10 the cor.
oner.
FEC 10. II any person shall neglect or refuse to
perform any order OF judgment OF probate court,
other than for the payment Of money, he shall be
eemod guilty OF contempt OF court and said probate
Judge shall issue Il summons directing him to appea-
oeiOre said Judge within Two days from the service
!hereot and show cause why he should not be pun
shed TOR cuntempt or i't appear such Judge tha.
he is Gre ling hiu.tlt to uvuid the process Of the
court OF is about leave hc county ter such purpose
said Judge may issue an attachment instead OF tho
summons above menitned commanding the officer
to whom the attachment shall bG dreced, forthwith
bring such person before such Judge answer for
his contempt; and II no Sufficient excuse be shown,
he shall be Illsl III the same manner provided
tor the punishment oi contempts i'll the court OF
common pleas
sec H. ltany sheriff, coroner or constable shall
neglect refuse To and return any process is
SUI d by said probate Judge, and 10 him directed and
delivered, shall n~gec, refuse TO pay over any
moneys by him collected, 10 the PROBATE Judge, or
any olher person, when derecled by such probao
Judge, lie shall b. subject 10 fine and nmercenient as
in the III At section provided.
See. Is. In the cases enumerated in the preceding
it shall be the duty ui the probate Judge 10
Il to, ,I,,
Ger therin named, commanding him to summon the
officer guilty ot such Misconduct 10 appear within
two days after the services of such summons, and
show cause why he should not be amer ,ed, specify
ing the cause tor such amercemsnt; an in case of
npG Goc or refusal TO serve return any process is
sued hy such probate Judge and directed and deliver
ed TO such officer il no sufficient excuse be shown
such officer shall be fined byslil probate Judge in
| any sum not exceeding one hundred dollars, to bo
paid into he county treasury; and he and his sure
ties h III moreover be liable upon lis fiji ial bond for
all damages su; tained by any person by reason of
| - ch misconduct and III case OF refusal to pay over
any mDni by him coll, c'ed To the probate Judge or
any other p rson, when directed by such probate
ludpe he shall lie umercod 10. the use OF the parties
ntere ed in the amour by such process required
be collected. together with ten per cent thareon and
such probate Judge may enforce the collection there
of hy execution or other process or b. inprsonn ent,
as for a contempt OF court or Doth; the delinquent Of
cer and his surotes, shall moreover be liable on his
official bond tur the amount OF such aInerc ment at
/ the silt ofihe person or persons Interested.
| Sec 10 DISPOSITIONS taken according to the pro.
visions nf the law Tor rukng deposions TO be used
on ,be ,ra of civil causes, may be taken and used on
The trinI of any que ton before the probate court.
where such testimony nay.he proper
Sec. % 1t shall Ia The duty Of the probate Judge
Il, ,n,,sa notice to be published in some newspaoer
If the county il any be published therein, II not
bv nesting N same upon tbs door of ths house.
oi said county, OF the filing OF any accounts hy
o',,r administrators or guardians, specifying the
,;mo when such accounts will be heard, which shall
M, he lass than three weeks after the publication OF
SncL no,ice, at whici time 1t shall be competent Tor
said rrctn,o Judge ior cause TO allow in'hcr time
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