Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-30
CHAPTER III.
POWERS AND DUTIES OF THE PROBATE JUDGE
IN CIVIL CASES.


IN CIVIL CASES
Rules Of practice to be made and returned to
Supreme Court
Sec Ii, TIE several Probate judges shall.
from time to time, make rules nconsistant with
the laws OF the. this State, for regulating the
practice and conducting 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 PIC
dings 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 Safe, as the said Judge deems
necessary in order to introduce and maintain
regularity and uniformity in the said pro Gee
dings.
ErecHiOns.
Sec. Is. Orders for the payment of money
may be enforced by execution or otherwise,
IN the same manner as judgements in the
Court Of Common Please.-All such execu.
tons shall be directed 10 the Sheriff, or in
his absence or disability the Coroner.
Contempt.
Sec. l6 II any person shall neglect or re
fuse TO preform any order or judgment of a
Probate Court, other than for the payment OF
money, he shall be deemed guilty of con,
tempt of Court, and said Probate Judge shal!
issue summons directing him to appear be-
fore said Judge within two days from the SER
vice thereof, and show cause why he should
not be punished for his contempt; or if it ap.
pear to such Judge that he is secreting him
self to avoid the process of the Court, or is
about to leave the country for such purpose,
said Judge may issue an attachment instead
ot the summons above mentioned, command
ing the officer to whom the attachment shall
be directed, forthwith to bring such person
before such Judge 10 answer for his contempt
and X no sufficient excase be shown, he shall
be punished in the same manner rs provided
for the punishment of contempts in the Cour
of Common Pleas
Sheriff or other officer failing to serre process
or pay oper money. Aow punished
Sec II. If any Sheriff. Coroner or Consta
Bile shall neglect, or refuse to serve and re-
turn any process issued by said Probate
Judge and to him directed and delivered, or
shall neglect Or refuse to pay over any mon
eys by him collected, to the Probate Judge
or any other person, when So directed by sucI
Probate Judge, he shall be subjected to tine
and amercement, AS in the next section pro
vided.
Hon. Judge s6aH proceed
Sec. 8 In the cases enumerated in th,
proceeding section, it shall be the duty of the
Probate Judge to issue summons directed
to the sheriff, or other officer therein named
commanding him TO summon the office
guilty of such misconduct, to appear within
two days after the service of such summons
and show cause why he should not be anne r
ced, specifying the cause of such amercement;
and in case of neglect or refusal to serve OF
return any process issued by such Probate
Judge aud directed and delivered TO such Off.
Ger, if no sufficient excuse be shown, such
officer shall be fined by said Probate Judge
in any sum not exceeding one hundred dol
lars, TO be paid into the county treasury; and
lie and his suretics shall moreover be liable
upon his official bond for all dam ages sustained
BY any person by reason of such misconduct
aud in case of refusal to pay over any moneys
by him collected 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, togeth-
or with ten per cent thereon; and such Pro
bate Judge may enforce the collection thereof
by execution, or other process, or by imprson.
ment as for a contempt of Court, or both
the delinquent officer and his suretes shall
moreover be liable on his official bond for the
amount of such amercemenl at the suit of the
person or persons interested.
Dispositions may be taken and read IN Pro.
bate Court.
See. l9 Deposition taken according to the
provisions of the Jaw for taking depositions tc
be used on the trial of civil causes, may be
taken and used on the trial Of any question
before the Probate Court, where such test.
money may be proper
Notice cf.fliag accounts to be given.
Sec. 20. 1t shall be the duty of the Probate
Judge 70 cause notice to be published in some
newspaper of the county, il any be published
therein or if not by posting the Same uPor