Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-03-26
LAWS OF OHIO
Nc. SO I.
AN ACT
(BY AUTHORITY

AN ACT
Supplementary to the act entitled can act to
| provide for the settlement Of the estates Of
deceased persons
Sec, /. Be a enacted BY the General As
sensbiy Of the State Of Ohio. That upon com.
plant made to the probate court Of any coun-
ty, by the executor or executors, admnlstra-
tor or administrators, creditor or creditors,
devisee or dcvisess, legatee or legatees, heir
or heirs. or other person or persons interested
Id the estate Of any deceased persons, against
any person or persons suspected ofhaying con-
cealed, embezzled or conveyed away any of
the moneys, goods, chattels, things in action or
effects of such deceased, the said court shall
cite the person or persons suspected forthwith
TO appear before il, and 10 be examined on
oath or affirmation. touching the matter Of the
said complaint.
Sec. 2. That if any person so as aforesaid
cited, shall refuse or neglect to appear and
submit TO an examination as aforesaid. or shall
refuse to answer such interrogatores as may
be lawfully propounded, the probate court
shall commit such person to the Jail Of the
county, there to remain in close custody, until
he or she shall submit TO the order and d.
recton Of the court in that behalf
Sec 8. That all such examinations, includ-
ing as well questions as answers. shall be re-
duced to writing, signed by the party examin-
ed, and filed in the court before which the
same was taken.
Sec. 4. That the probate court shall, If re-
qured by either party. swear or affirm such
other witness or witnesses as may be offered
by either party. touching the matter Of such
complaint. and shall GAUGE the examination Of
every such witness. including as well ques-
tions as answers, to be reduced to writing.
signed by the witness and filed as aforesaid
Sec. 5. That if upon any such examination,
the probate court shall be Of opinion that the
person or persons accused is or are guilty, Of
either having concealed. embezzled or con-
yeyed away any moneys goods. chattels,
things in action or effects Of the deceased per-
son as aforesaid, the court shall forthwith rem
der judgment in favor of the executor or ex-
ecutors. administrator or administrators, Of the
estate, or in favor of the State of Ohio. for the
use of the estate of such deceased person (if
there be no executor or administrator in this
State, against the person or persons so found
guilty, for the amount Of moneys or the value
Of the goods. chattels, things in action, or ef-
fects 80 concealed. embezEled or conveyed
away, together with ten per centum penalty,
and sll the costs of such proceeding or com
plant. which said judgment shall be lien up
on the real estate Of the person or persons.
} against whom it is rendered. within the coun-
ty, from the rendition thereof.
Sec 6. That the executor or executors, or
administrator or administrators in favor OF
whom any such judgment shall have been
rendered. NAV forthwith deliver to the clerk
Of the court Of common pleas Of the said coun-
ty. an authenticated transcript (which the pro-
E bate Judge is hereby directed to make out and
deliver, on demand, to such executor or exec
4 utors. or administrator or admnistrators,) on
e which said transcript the clerk aforesaid shall
Immediately issue an execution OF terl tacias
ct levari tacas. returnable to the next term o.
+ the said court Of common pleas for the amount
II Of the original judgment and costs and the
r costs which may have accrued, or may accrue
g thereon. And thenceforth proceedings on tat
i said executions shall be in all respects as if th'
= said judgment, had been rendered in the sale
J. court of common pleas.
: Sec. 7. That if such judgment as aforesaid
g be rendered in the name Of the State OF Ohio
i and there be no executor or admlnlstrato
: within this State, the prosecuting attorney o
= the county shall cause the said transcript 4
be filed in the clerks Office, and proceed there
IS on to execution Is before provided; and h
g shall pay the moneys realized upon such exc
n cuton, to the treasurer Of the county, for th'
e use Of the said estate. reserving such compen
IS sation to himself only as the court may allow
n Sec. 8. That all gifts, grants or conyeyan
I. ces of lands. tenements, hereditamenls, rents
n goods, or chattels. and all bonds. judgments
q or executions, made or obtained with intent t.
: avoid the purposes Of this act, or in contem
| plation of any such examination or complain
n as aforesaid. shall be utterly and Of no effect
}. Sec. 9. That the two hundred and thirty
IS ninth section of the act to provide for the set
g tiement of the estates of deceased persons
e passed the twenty third Gay Of March, in tn
i. year eighteen hundred and forty. be repealed
!. Provided. however. that such repeal shall no
a affect any proceeding commenced or right &C
=. crued under or in virtue of the said section
r JAMES c. JOHNSON.
Speaker Of the House Of Reps.
WILLIAM MEDILL,
President o: the Senate.
u Eahruarv 06 1854