Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-06-16
LAWS OF OHIO.
TpuBLrsHnD OFFICIALLY.
AN ACT,

eom0ly OF the state OF Ohlo, lnht eno sSSVu"
section Of the act entitled can act defining the
jurisdiction and regulating the practice OF
Probate Courts" passed March IA, 1858. be {
amended so ss to read as follows: Sec. 2.
The Probate Court shall have exclusive juris
diotion, except as hereinafter provided
First. To take the proof OF wills, and to
admit to record authenticated copies of wills
executed. proved and allowed in the courts
Of any other state, territory or country.
Second. To grant and revoke letters
testamentary, and Of administration.
Third. To direct and control the conduct,
aud to settle the accounts Of executors and
administrators, and to order the distribution
Of estates.
Fourth. To appoint aud remove guard
ians 10 direct and control their conduct, and
to settle their accounts.
Fifth. To grant marriage licenses, and |
licenses to ministers Of the gospel to sclemnze
marriages.
Sixth. To make inquest respecting lun.
asices, insane persons, idiots. and deaf and
dumb persons, subject by law to guardian
ship.
Seventh. To make inquests Of the amount
Of compensation to make 10 be made to the
owner Of real estate. when appropriated BY
any corporation legally authorized TO make
such appropriation.
Eighth In the criminal cases hereinafter
specified.
Ninth. To try contests OF the election Of
Justices of the Peace.
SEQ. 2. That section eight of said act be
amended so as 10 read as follows: Sec g.
Letters testamentary. or Of administration or
guardianship shall not be issued to any per-
son. after his election to the Office of Probate
Judge, and before the expiration of his term
Of office; and it any probate judge shall be
interested as heir, iegatee devisee, or in any
other manner, in any estate which would
otherwise be settled in the county where be
resides, all such estates. and all accounts of
guardians, in which said probates 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,
or administrator or guardian, or in the pro-
ceedings for the completion of real contracts
by any person against whom such order de-
cision 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 COM
mon pleas, in the same manner as though the
said court of court of common pleas had
original jurisdiction thereof; Provided, that
no such appeal shall be taken unless the val
ne Of the property, or the amount in contro-
versy, exceeds the sum Of one hundred dol
lars.
Sec. T. 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 des-
Tres to appeal, given wrtt.n undertaking, ex-
ecuted on the part Of the. person appealing,
to the adverse party, with one or more sutfi
cient suretes, 10 be approved by the probate
Judge and conditioned that the party appeal
ing shall abide and perform the order, judg'
ment 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 i:
taken, directs the payment OF money, the un
dertaking shall be in double the amount there
of and in other cases, in such amount as shal
be prescribed by the probate court.
Sec. g. The probate judge shall, upon the
giving Of the undertaking as provided in sec
ton four. make out an authenticated trans
eript ofthe docket or journal entrie, and Q
the order. decision or decree appealed from
which shall be filed with the clerk of the cour
of comon pleas. on or before the second daJ
of the term Of said court next after an under
taking is given. as hereinbefore provided, b!
the person appealing and the appeal shal
thereupon be considered perfected. Th
original papers, pertaining to the cause, ma,
be used upon the trial, or hearing in th
court Of common pleas.
Sec. 6. When an appeal is taken as here
inbetore provided, by any person as executor
administrator or guardian, who has give
bond as such in this State. no undertaken
ehall be required from such executor. admi'
istrator or guardian.
Sec. 2. Upon the decision Of any caus
appealed to the court of common pleas, Il
clerk of said court shall make out an authe
ticated transcript of the order, judgment ar
proceedings OF said court therein. and shs
file the same with the probate judge, wi
shall record the same, and the proceeding
the reaf;er shall be the same as if such orde
judgeEent and proceedings, had been hs
In the probate court.
Sec g. The following books shall be ke
By the probate court and blank books for Il
purpose shall be procured by the auditor
the expense Of the county:
~ LIST A criminal record, in which shall
made fair and accurate entry of all Grimm
actions instituted in said court with the pr
ceedings had therein.
I'd. A civil docket in which shall be not
the names Of parties 10 all actions and pl
ceedings. and the name Of the deceased p'
son. infant insane person, idiot or lunallc,
the matter whose estate the said court sh
exercise jurisdiction; it shall also contain
minute of the time Of the commencement
such actions and proceedings; and filing 4
papers relating TO any matter in such cou
=, and also brief note OF all orders made
=. such action, proceeding. or matter and
d time Of entering the same.
~, 3D. A journal. in which shall be ke