Plymouth advertiser. [volume] (Plymouth, Ohio) 1853-1988, 1854-07-29
.re,n, as1csrdipg TO its true value in
money, passed April l3. 1881.
y. c. LEBL0ND,
Speaker Of the House Of Representatives.
ROBT, LEE,
President Of the Senate, pro TEN.
May lst, 1854.
AN ACl

~ bte Otutc ~ NiAos
That The second section Of the act en-.
titled "sn ac, defining The jurisdiction anc
regula ing the practice of Probate Courts,
passed March Ia, 1853, be amended so as
to rend as follows: Section 2. The Pro-
bate Court shall have exclusive Jurisdlc-
ton except as hersinafte. provided. :,
First, To take the proof OF wills, and
10 admit to record authenticated copies oil
wills executed. proved and allowed in the
courts of any other State, territory, or
country.
Second. To grant and revoke letters
ustamen,ary, and of administration.
Third. TO direct and control the con-
duct, and to settle the accounts Of execu'
tors and administrators, and TO order the
distribution of estates.
Eeurh To aRFpola!! Rgd rem EemoHyys Hy.lsaa guar;
and to settle their accounts.
Fifth. To gran, marriage licenses, and
licenses to ministers of the gospel to
solemnize marriages.
Sixth. To make inquests respecting
lunatics, insane persons. idiots, and deaf
and dumb persons, snhject by law to
guardianship.
Seventh. To make inquests of the
amount of compensation to be made to the
owners Of real estate, when appropriated
by any corporation legally authorized to
make such appropriation.
Eighth In the criminal cases herein.
after specified.
Ninth. To try contests Of the election
Of Justices of the Peace.
SEC. 2. That section eight Of said act
be amended so as to read as follows: Sec.
ton 8. Letters testamentary, or of ad
ministratlon or guardianship, shall not be
issued to any person, after his election to
the office Of Proba Judge, and before the
expiration of his term of office and if any
probate judge shall be intere ted as heir,
legatee, dsvIsee, or in any other manner
in any estate which would herwise be
settled in the county where he resides. all
such estates, and all accounts of guardians,
in which said probate judge may be inte-
rested, shall be settled by the probate court
of an adjoining county,
Sec. 3 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
VIII I'M such order, decision or decree shall
be made, or who may be effec ed thereby,
to the court of common pleas, and the cause
so appealed shall be tried, heard, and de-
cided in the court Of common pleas, in the
same manner as though the said court o
common pleas had original jurisdiction
thereof; Provided, that no such appea
shall be taken unless the value of the
property, or the amount in controversy
exceeds the sum of one hundred dollars
Sec. 4. The person desiring to take
an appeal as provided in section three
shall, within twenty days af.er the max
ing of the order, decision or decree from
which he desires to appeal. give writer
undertaking, executed on the part of the
person appealing, to the adverse parry
with one or more sufficient sureties, 10 bt
approved by the Probate Judge, and con
di,ioned that the par y appealing shal
sbide and perform the der, judgment oil
decree, Of the appellate court, and She
pay all moneys, costs and damages, which
may be required of or awarded against SAT-
party, by such court. When the order
decision or decree, from which the appea
is taken, directs the payment of money
the undertaking shall be in double tn
amount thereof, and in other cases, in sue
amount as shall be prescribed by the pro
bate conrt.
SEC. S, The probate judge shall, up
on the giving of the undertaking, as pro
vided in section four, make out an authen
tlcated transcript of the docket or journa
entries, and of the order, decision, or de
cree appealed from, which shall be file
with the clerk of the court of com uo
pleas, on or before the second day of tn
term of said court next after an undertak
ing is given, as hereinbetore provided, b
the person appealing, and the appeal sha
thereupon be considered perfected Th
original papers pertaining to the cause
may be used upon the trial or hearing i
the court of common pleas.
SEC. 6. When any appeal is taken a
hereinbefore provided, by any person a
executor, administrator or guardian, wh
has given bond as such in this State, n
undertaking ehall be required from sue
executor, administrator or guardian.
Sec. 7. Upon the decision Of an
cause, appealed to the court of commo
pleas, the clerk of said court shall max
out an authenticated transcript of the Of
der, judgment and proceedings of sal
court therein, and shall file the same wit
the probate Judge, who shall record til
same, and the proceedings thereafter sha
be the same as if such order, judgment an
proceedings had been had in the proba'
court.
SEC. 8. The following books shall /
kept by the probate court, and blank bool
for the purpose shall be procured by II
county auditor at the expense of the cou
ty:
.lst. A criminal record. in which sha
be made a fair and accurate entry of z
criminal actions instituted in said coul
with the proceedings Lad therein.
Q. A civil docket, in which shall
noted the names Of parties to all actio
and proceedings, and the name OF the q
resaed rereon infant. insane person, idi