Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-03-27
March 5th. 1856.
N ACT.

mo Gil AN ACT.
TO amend section los of an act of the jurisdiction
and procedure before Justices Of the Peace, and
OF the duties of Consables in Civil Courts, passed
March IA, 1883
SEC /. Belt enacted by the General Assembly
of the State OF Ohio, Thai section one hundred and
five Of an act Of the jurisdiction and procedure be-
fore Justices OF the Peace, and OF the duties OF
Consables in civil cases. passed March H. 1858, be
60 amended a. TO read follows: Sec lO5. If
either party fail appear at the return day OF the
summons, or fail to attend at the time to which
trial has been adjourned, or fail to make the neces-
sary tii OF particulars, or fail in the proofs, the
cause may proceed at the request OF the adverse
party and IN all cases where a set of or counter
claim has been filed before the dismissal OF the
cause by the plaintiff the defendant shall have the
right o. proceeding the trial OF his cialm although
the plsnuff may have dismissed his action. In no
shall it be necessary to prove the execution OF
any bond promissury note, bill oi exchange or con-
tract, or other written inslrument for any indorse,
ment thereon, upon which suit Is brought or set Oil
or counter ella hi based, unless the party sought 10
b. charged as the maker, accrptor or endorser OF
such bond pronissory note or bill OF exchange, and
shall make and file with the Justice uf the Peace
before whom the suit is pending, an affidavit that
such instrument Of writing was not made, given,
subscribed, accepted or endorsed ny him.
SEC 2. That section lU5 OF said act is hereby re-
pealed. ?, ,,on,,,
y Speaker Of the Hous? Of Representatives.
President OF the Senate.
MaIcn ,, looo
mo 22l AN ACT.
To amend an entitled an act to prov de tor the
settlement OF the estates ol deceased ersons,
passed March %, lsiO.
SEC l. tte it enacted by the General Assembly
o the Stale oi Ohio, That the several provisions OF
that law in force IN this STATE, concerning the settle
ments oi the estates Oi deceased persons, and also
the remsdies and proceedings therein given against
executors und administrators sppoint ed by the law
the otate shall apply TO and be IN ivii force and
effect as to any foreign administrator or executor
appointed by the laws OF any other State and resi-
ding in Ohio, or having assets or property IN the
same. and the several Courts OF Probate and OF re.
cold snail have like power and authority over said
foreign executor and administrator the same as II
appointed by the laws OF this state.
SEC. Q. Amy court in this State having chancery
powers may compel any foreign administrator or
executor, residing in this State, oi having assets or
property In the same to account at tue SUIT OF any
heif distributee or legatee, who are residents In
this state, and may make Distribution OF the a.
mount found III his hands To the respective heirs,
distributes legatees according to the law oi the
State granting said letters; and when there are
suits pending, or any unsettled demands against
said estate, the court may require retundng bond
TO be given to said executor or administrator by tne
heirs, distributes or egat5es enntled thereto in
case the amount paid shull be needed Tor the pur'
pose OF paying debts OF said estate.
SEC. j. When any ioreign administrator or exc
scutor has wasted, misapp,ied or converted any OF
the assets OF said ae or has insufficient property
to discharge his liability account OF said trust, Or
his sureties may be irresponsible, any disulbutee,
heir or legatee, may compel him, IN any court nav.
ing ehancsry powers 70 SECURE .e rss ,nai amd
any OF his surelies may require indemnity on ac-
count OF their liability as BAH, and the several pro.
visonal remedies and proceedings OF the code OF
civil procedure shall apply to the person and proper
ty Of said administration or executor, and said court
shall have full power and authority TO make any
order decree touching his property and effects, OF
the assets said estate necessary or tile safety and
unEth int ed