The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-05-31

Seventh. 10 make inquesis Of the a.
mount OF compensation to be made to the
owners OF real estate, when appropriated
by any. corporation legally authorizsd, to,
make such appropriation.
Eighth. In the criminal cases herein.
alter specified.
Ninth. To try contests Of the election
Of Justices Of the Peace.
SEC. 9. That section eight of said act
be amended so as to read as follows: Sec
lion 8. Letters testamentary. or of ad.
,ninislra,on or guardianship, shall not be
issued to any person, after his election to
the office Of Probate Judge. and before the
expiration Of his term of office; and if any
probate judge shall be interested as heir,
legatee. devisee, or in any other manner.
in any estate which would otherwise be
settled in the county where he resides, all
such estates. and all accounts of guardi.
ans, in which said probate Judge may be
interested, shall be settled by the Probate
Court Of an adjoining county.
SEC. 8. That appeals may be taken
from any order, decision or decree, of the
probate court, in settling the accounts of
an executor, administrator or guardian, or
in the proceedings for the completion of
real contracts. by any person against
whom such order, decision or decree shall
be made, or who may be effected thereby,
to the court OF common pleas, and the
cause so appealed shall be tried, heard, !,
and decided in the court OF common pleas.
in the same manner as though the said
court Of common pleas had origin al juris-
dic,ion thereof, ProUided, that no such
appeal shall be taken unless the value OF
the property, or the amount in controver.
sy. exceeds the sum OF one hundred dol
lars.
SRc. 4. The person desiring to take an
appeal as provided in section three. shall,
within twenty days after the making of the
order, decision or decree, from which he
desires to appeal. give written under-
taking, executed on the part of the person
appealing. to the adverse party, with one
or more sufficient sureties, to be approved
by the Probate Judge. and conditioned
tina, the party appealing shall abide and
perform the order, Judgment or decree, OF
the appellate court, and shall pay all
moneys, costs and damages, which may
be required Of or awarded against said
party, by such court. When the order,
decision or decree, from which the appeal
is taken. directs the payment of money,
the undertaking shall be in double the
amount thereof, and in other cases, in sucl,
amount as shall be prescribed by the pro.
bate court.
Sec. s. The probate Judge shall. upon
the giving of the undertaking, as provided
in section four. make out an authenticated
transcript of the docke. or journal entries
and of the order. decision or decree ap
pealed from, which shall be filed with the
clerk of the court Of common pleas, on oi
before the second day Of the term Of said
court next after an undertaking is given
as hereinbefore provided, by the person
appealing. and the appeal shall thereupor
be considered perfected. The origina
papers, pertaining to the cause, may be
used upon the trial, or hearing, in the cour
Of common pleas.
SEC. 6. When an appeal is taken as
hereinbesore provided, by any person a,
executor, administrator or guardian, who
has given bond as such in this State, ne
undertaking shall be required from sucl
executor. administrator or guardian.
SEc. 7. Upon the decision Of any
cause, appealed to the court Of common
pleas. the clerk of said court shall max,
out on authenticated transcript Of the or
der, judgment and proceedings OF sait
court therein. and shall file the same will
the probate Judge, who shall record tn,
same, and the proceedings thereafter shall
be the same as if such order. iudgmen
and proceedings, had been had in the pro
bate court.
| SEC. 8. The following books shall b.
kept by the probate court, and blank book
for the purpose shall be procured by tn
county auditor, at the expense Of tn
county:
/ lst. A criminal record, in which shal
be made fair and accurate entry OF al
criminal actions Instituted in said courl
with the proceedings had therein.
Cd. A civil docket. in which shall b
noted the names OF parties to all action
aud proceedings, and the name Of the de
ceased person. infant, insane person, idiot
or lunatio. in the matter Of whose esta,
! the said court shall exercise jurisdiction
il shall also contain minute OF the tim
of the commencement OF such actions an
proceedings, and filing the papers rela,
: ing to any matter in such court. and ais
brief note of all orders made in sue
action. proceeding. or matter, and the tim
of entering the same.
Sd. A journal, in which shall be keT
minutes Of all official business. transacte
in the probate court, or by the probat
: Judge, in all civil actions and proceeding:
4th record OF wills. in which sha
be recorded all wills proven in such cour
with certificate OF the probate thereo
, and all wills proven elsewhere, with tn
certificate of probate, authenticated copie
OF which have been admitted TO record
!. said court.
5,h. A final record. which shall cor
). tain complete record in each cause,
matter, Of all petitions. answers, and de
murrers, motions, returns, reports, verdict
awards, orders, and judgments; and whic
i record shall be made up and complete
2 within ninety days after the final order {
Judgment shall have been made in any
/. the matters aforesaid; and he shall ais,
J. within thirty days after the return OF III