Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-03-17
Whole Number 600

shall cause the examination Of ava-v
such witness, including rs well cues.
tons as answers, 10 be reduced to wri-
ting, signed by the witness and fled as
aforesaid. -T iD
Sec. 5. That fupon any such exam.
ination, the probate court shall be of
opinion that the person or persons ac-
cused is or are guilty, Of either having
concealed, embezzled or conveyed away
any moneys, goods. charels, things In
action or effects Of the deceased person
aforesaid, the court shall forthwith rem
der judgment in favor Of the executor or
executors, administrator or administra-
tors, of the estate, or in favor of the
State of Ohio, for. the use OF the estate
Of such deceased person (n there be no
executor 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. chaitels. things
IN action, or effects so concealed, em-
oezz' ed or conveyed away, together with,
ten per centum penalty, and all the
costs OF such proceeding or complaint,
which said Judgment shall be lien up
on the real estate of the person or per-
sons against whom it is rendered, within
the county, from the rendition thereof.
Sec. 6. That the executor or execu-
tors, 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 COM
mon pleas OF the said county, an au.
thenticated transcript (which the probate
judge is hereby directed to make out
and deliver. on demand, to such execu-
tor or executors, or administrator or ad-
ministrators,) on which. said transcript
the clerk aforesaid shall Immediately is-
sue an execution of fieri lacias ct leYarf
facias, returnabe to the next term of the
said court of common pleas for the
amount of the original judgment and
costs. and the costs which may have ac-
cgued. or may accrue thereon. And
thenceforth proceedings on the said ex-
ecutions 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 judgmen, as
aforesaid be rendered in the name of the
State Of Ohio, and there be no executor
or administrator within this State, the
prosecuting attorney Of the county shall
cause the said transcript 10 be filed in
the clerks Office, and proceed thereon
to execution as before provided; and he
shall pay the moneys realized upon such
execution, TO the treasurer ofthe county,
for the use Of the said estate, reserying
such compensation to himself only as
the probate court may allow. Fia 7-
Sec. 8. That all gifts, grants, or con.
veyances Of lands, ienemenls, heredita-,
ments, rents, goods, or chattels, and all
bonds, judgments, or executions, made
or obtained with intent 10 avoid the pur-
poses Of this act, or in contemplation of
any such examination or complaint as
aforesaid, shall be utterly void and of no
effect.
Sec. 9. That the two hundred and
thirty-nipth section of the act to provide
for the settlement of the estates of de-
ceased persons, passed the twenty-third
day Of March, IN the year eighteen hun.
dred and forty be repealed: PROVIDED,
however, that such repeal shall not af~
feet any proceeding commenced or right
accrued under or in virtue Of the said
section.
JAMES C. JOHNSON,
Speaker Of the House OF Representatives.
w. MEDILL, Ha r-fif
President Of the Senate. q,
February 26, 1853
hereby certify that the foregoing laws ara
correctly copied from certified copy furnished
this Office. ID. B. HEBARD. Auditor.