Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-06-30
CHAPTER III.


POWERS AND DUTIES OF THE PROBATE
JUDGE IN CIVIL CASES.
Rules Of practice to be made and returned
to Suprene Court
Sec. IA. The several Probate Judges
shall, from time to time, make rules not
inconsistent with the laws of this State,
for regulating the practice and conduct
ing the business in their respective
courts; and they shall within one year
after this act shall take effect, return a
statement of their rules and course OF
proceedings to the Supreme Court, and
shall make like return of all their rules
thereafter made, as soon as convenient
after making the same; and the Supreme
Court shall have power to alter and
amend all such rules, and to make other
and further rules, from time to time, for
regulating the proceedings in all the
Probate Courts of this State, as they
shall judge necessary in order to intro
duce and maintain regularity and uni
formity in the said proceedings.
Executions.
Sec. Is. Orders for the payment of
money may be enforced by execution or
otherwise, in the same manner as iudg-
ments in the Courts of Common Pleas.
All such executions shall be directed to
the Sheriff, or in his absence or disability,
to the Coroner.
Contempt.
Sec. 16. Ifany person shall neglect or
refuse to perform any order or judgment
of a Probate Court, other than for the
payment of money, he shall be deemed
guilty of contempt of Court, and said
Probate Judge shall issue a summons
directing him to appear before said
Judge within two days from the service
thereof, and show cause why he should
not be punished for his contempt; or if
it appear to such Judge that he is Sc
creting himself to avoid the process of
the Court, or is about to leave the coun-
ty for such purpose, said Judge may is
sue an attachment instead of the sum-
mons above mentioned, commanding the
officer to whom the attachment shall be
directed, forthwith to bring such per-
son before such Judge to answer for his
contempt; and if no sufficient excuse be
shown, he shall be punished in the same
manner as provided for the punishment
of contempts in the Court of Common
Pleas.
Sheriff or other officer failing to serve pro-
cess, or pay oUer money, hOaO punished.
Sec. II. If any Sheriff, Coroner or
Constable shall neglect, or refuse to
serve and return any process issued by
said Probate Judge, and to him directed
and delivered, or shall neglect or refuse
to pay over any moneys by him collect
ed, to the Probate Judge, or any other
person, when so directed by such Pro-
bate Judge, he shall be subject to fine
and amercement, as in the next section
provided.
HoD Judge shall proceed.
Sec. 18. In the cases enumerated in
the preceding section, it shall be the du-
ty of the Probate Judge to issue sum-
mons directed to the Sheriff, or other of
ficer therein named, commanding him to
summon the officer guilty of such mis-
conduct, to appear within two days after
the service of such summons, and show
cause why he should not be amerced,
specifying the cause of such amerce-
ment; and in case of neglect or refusal to
serve or return any process issued by
such Probate Judge, and directed and
delivered to such officer, if no sufficient
excuse be shown, such officer shall be
fined by said Probate Judge in any sum
not exceeding one hundred dollars, to be
paid into the county treasury; and he
and his sureties shall moreover be liable
upon his official bond for all damages
sustained by any person by reason of
such misconduct; and in case of refusal
to pay over any moneys by him collect
ed to the Probate Judge, or any other
person, when so directed by such Pro-
bate Judge, he shall be amerced for the
use of the parties interested, in the
amount by such process required to be
collected, together with ten per cent
thereon; and such Probate Judge may
enforce the collection thereof, by execu-
ton, or other process, or by imprison-
ment, as for a contempt of Court, or
both; the delinquent officer and his sure
ties shall, moreover be liable on his Off
cial bond for the amount of such amerce-
ment at the suit of the person or persons
interested.
DISPOSITIONS may be taken and read IN
Probate Court.
Sec. 10. Dispositions taken according
to the provisions of the law for taking
depositions to be used on the trial of civil
causes, may be taken and used on th'
Srial of any question before the Probate
Court, where such testimony may be
proper.