Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-03-18
February "a. 1853.

HepIua'I - 1000
| -
mo. 3s,l AN ACT
Supplementary to the act entitled an act to
provide for the settlement of the estates Of
deceased persons.
Sec l. Be il enacted by the General Assem-
bly, Of the State Of Ohio, That upon complaint
made TO the probate court Of any county, by
the executor or executors, administrator or ad-
ministrators, creditor or creditors, devisee or
deyisees, legatee or legatees, heir or heirs, or
other person or persons interested in the estate
Of any deceased persons, against any person or
persons suspected of having concealed, embez
zled or conveyed away any of the moneys,
goods. chattels, things in action or effects of
such deceased, the said court shall cite the per-
son or persons suspected forthwith to appear
before il, and to be examined on oath or Rfiirma-
uon, touching the matter OF the said complaint.
Sec. 2. That il any person so rs aforesaid
cited, shall refuse or neglect TO appear and sub
init TO an examination as aforesaid, or shall re-
fuse to answer such interrogatories as may be
lawfully propounded, the probate court shall
commit such person 10 the jail of the county,
there to remain in close custody, until he or
she shall submit to the order and direction Of
the court in that behalf,
Sec, 3, That all such examinations, including
as we'll questions as answers, shall be reduced TO
writing. signcd by the party examined, and filed
in the court before which the same was taken
Sec. Z. That the probate court SHALL if re-
1uired by eidler party, swear or affirm such
other witness 0r Witnesses as may be offered
by either party, touching the matter of such
complaint, and Jaall cause the examination of
every such witness including as well questions
as answers, TO b. reduced to writing, signed by
the witness aasd filed as aforesaid.
See. s. That il upon any such examination,
the probate court shall be of opinion that the
person or persons accused is or are guilty, o {
either hGwing concealed, embezzled or convey
ed away any moneys, goods, chattels, things
in action or effects Of the deceased person aGore-
ssaa, the court shall forthwith render judgment
IN favor Of the executor or executors, admins
traitor or administrators, Of the estate, or in fa
vor of the State Of Ohio, for the use Of the es
tate OF such deceased person, Gf there be nc
executor or administrator in this State, agpins
the person or persons so found guilty, for The
amount of the moneys or the value OF the goods
chattels, things in action, or effects so conceal
ed, embezzed, or conveyed away, together with
ten per ccntum penalty, and all the costs Of sucf
proceeding or complaint, which said judgment
shall be lien upon the real estate Of the per
son or persons against whom ii is rendered
within the county from the rendition thereof
Sec. 6. That the executor or executors, OF
administrator or administrators in favor of whom
any such judgment shall have been rendered,
may forthwith deliver to the clerk of the court
OF common pleas Of the said county, an authen-
al irL nhofa itde ig
hereby directed 10 make out and deliver, on
demand TO such executor or executors admin
istrator or administrators on which said tran
script the clerk aforesaid shall Immediately is
sue an execution Of fieri facias ct levar facias,
returnable TO the next term Of the said court o
common pleas, for the amount of the Original
judgment and costs, and the costs which may
have accrued or may accrue thereon, AnC
thencefor!h proceedings on the said executions
shall be in all respects as il the said judgmen
had been rendered in the said court OF common
pleas. .s..s...L L-..f
Sec T. That il such judgment as aforesaid
be rendered in the name Of the State of Ohio
and there be no executor or administrator with
in this State, the prosecuting attorney Of th
county shall cause the said transcript te be filet
in the clerks office, and proceed thereon to ex
eeuticu as before provided and he shall pa
the moneys realized upon such execution, t
70 the treasurer Of The county, for the use o
the said estate, reserying such compensation t
himself only as the probate court may allow.
Sec 8. That all gifts, grants or conveyance
otlMds, tenements, hereditamCnts, rents, good
OF ehatels, and all bonds, judgments or execu
tions, made or obtained with intent to avoid III
purposes Of this act, or in contemplation of an
such examination orcomplaint as Aforesaid, shal
be utterly void and Of no effect,
Sec. 0. That the two hundred and thirty
ninth section Of the act to provide for the set
lementof the estates Of deceased persons, pass
ed The twenty-third day Of March, in the yea
eighteen hundred and forty be repealed Pre-
vidsd, however, that such repeal shall not aiTeC
any proceeding commenced or right accrue
under or in virtue of the said section
.loa bans JAMES @ JOHNSON,
Speaker Of the House Of Representative
-,..4s-. WILLIAM MEDlLL,
President Of the Senat,
February 26, 1883