The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1854-06-30

1 "
the practice ofProbate Courts, /" passed
Match Ia, 1853, and 10 amend sair
act.
SEc. L. BsI enacted By the Geaera
Assembly oftao STATE 6f Ohio That ih'
second section OF the act entitled t'ai
act defining the Jurisdiction aid regula
ting tae ptoclics Of Probate Courts, ''pas
sed March ID, 1853. bc so amended al
TO read as follows; Section Q. The Pro
bate Court shall have exclusive jurisdic,
tion, except as hereinafter provided.
First. To take tho proof Of wills, ant
TO admit to record authenticated copie'
of wills executed, proved and allowed il
tho courts of any other State, terriiory,o
country.
Second. To grant aud revoke letter.
teslamentary, and OF administration.
Third. To direct and control the son
duct, and to settle tho accounts Of exec
ulors and administrators, and 10 order The
distribution OF eslatea.
Fourth. To appoint and temsve guar
disns, 10 direct and control their con,
duct, and 10 settle their accounts.
Fifth. To gran: marriage licenses
and licenses to ministers Of The gospel to
solcmnlze marriages.
SIKH. To make inquosts respecting
lunatics, insane persons, idiots, and deal
and. dumb persons, ,suHeclby law 10 guar.
dianship. arg
Seventh. To make inquess OF The
amount of compensation TO be made 10
the owners Of roal estate, when oppro>
pruted by any corporation legaliy au>
lhorized 10 nuke such approximation.
Eighth. Ia the criminal cases herein.
after specified.
Ninth, To Try contests Of The eloc,
tion Of Justices Of the Peace.
SIC 2. That seclicn eight Of said
acl be amended so as 10 read as follows:
Section eight. Letters iesiamen,ory, OF
ofadminsiralion or guardianship, shall
not be issued TO any person, ,afler his elcc-
iion to the Office Of Probate Judge, and
before the expiration Of his term Of Of
gee, 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 tho eorn>
~ where he resides, all such estates, aud
dl accounts Of guardians. in which said
probate JUDGE may be interested, shall be
settled by the Probate Cour, Of an i'd
joining county.
SIC. 3: That appeals may bo taken
from any order, decision or decree, of The
probate couH, in settling Tho accounts of
an executor, administrator or gnardian,or
in The proceedings for the completion OF
ZEAL contracts, by any person agsins'
whom such urdsr, decision ordecree shall
Do made, or who NAV be effected there's
y, TO the court OF common pleas, and The
cause so appealed shall be tried, heard,
md decided in The court of common
Ileas, in the same manner as though the
'aid court Of common pleas had original
nrisdictinn .ihareof: presided, tha! no
uch appeal shall be taken unleas the
'alue Of the property or The amoun, in
,onroversY,exceeda the sum ofone huns,
lred dollars.
Sec. 4. The person desiring TO take
IN appeal hs provided in section three,
hall, within twenty days after the making
It the order, decision OF decree, from
which he desires TO appeal, give writ
on undertaking, executed on the part Of
be person appealing, 10 The adverse par
y, with one or more sufficien snreties,to
70 approved by The Probate Judge, and
conditioned that the party appealing
hall abide by and perform the ordsr,judg,
nent or decree, Of Tho appellate court,
nd shall pay all moneys, costs and dams
ges, which may be required of or awards
d against said party, by such court
When the order, decision or decree, from
'hich the appeal is taken, directs The
ayment Of money, the undertaking shall
e in double the amount thereof, and in
her cases, in such amount as shall be
BY the probate court.
SEC s.. Tie probate judge shall,up-
n the giving Of tho undertaking, as pros
ded in section four, make out an au>
lcnticated transcriP. of the docket or
'usnal entries, and Of the order, decis>
IN or decree appealed from, which shall
g filed with the clerk of The court Of
ommon pleas, on or. before The second
ay Of the term Of said cour! mex, after
n undertaking is is given, as hereinbe-
re provided, by the person appealing,
I'd the nppeal shall ihereupon be cons
dered perfected. The original papers, n
TO lie cause, may be- used ups i
, tho trial, OF hearing, ID the court Of q
'mmon pleas. t
SEC. 6. When an appeal is taken as I
sfeinbefore provided, by any person as 8
iecutor, administrator or guardian, who
IS given bond as such in this Slate, no a a
shall be required from such I
secnlor, administrator or guardian. g
SEC. 7. Upon the decision of any
use, appealing to The cour, Of common
eng, the clerk Of said court shall mska :
i an authenticated transcript of the or Z
Z, Judgment md proceedings OF said :
vi therein, and shall file the same :
III The probate judge, who shall record y
. same, and The proce edings thereafter p
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