The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1856-04-03
VOLUME AZ I'D q ID
LAWS OF THE siATErdoF OHIO,
[No.S.ld' 10 namAN Aorg7mioioqga g

aay ssctlss lyet D. / enacted u IL. o. Ms.'e,ot
Assem6ly ofitAe Nats0s Ohto, That sec
ton g. Of, m act entitled ian act supple
me ntary to- the act defining the jurisdic-
ton .ahdireguiaIng the practice OF pro-
bate courts. \. passed May l, 1854. be SO
amen led as to read asqfollows: Section
56, rhat appeals may De taken from any
order, decision or decree of theE probate
court, III settling the accounts of an exe-
cutor,s administrator or guardian. in pro,
ceedings for th-. ssle oflreaf estate for the
payment ofadebts. or In proceedings for
the execution and completion of real con
tracts. by any person against whom such
order, desision or decree shall be made,
or who Smava be affected thereby to- the
court Tof common pleas Lof the proper
county, ,dand the cause so appealed shall
be tried heard and decided in the court oI
common pleas in the same manner as
though the said court of common pleas,
had original Jurisdiction thereof. This
xctto arpk no all cases now. pending,
and 10 take effect from ana after its pas.
ssgc.58I 10 noeR9p oh sasr III FE
HSEcrroN q. That said dsec,ion 81 o said
act. Supplementary to the act defining
the ju, isdiction and regulating the prac-
tic~iiofpuobate courts. passed May !,
1854, beiand the same is hereby repeal.
eds0 .lsof N.sHo VAN WORRIES, y fl
Speaker of the House of Representatives
u ~ .tlp THOMAS HI. FORD, ,asr
ri ~1ri,, i4aI President Of the, Senate
y February 9th. 1856. iy.a .fa.-eaL
--HR g3I41 $40. -
NoI91.lS 81 IAN ACT.
To amend section 1O5 of an act of the ju
risdiction and procedure before Jusei
ces Of the Peace, and Of the duties oI
Constables in Civil Courts, passed
March i3, I 853. vdtrowvrsT
q SRcrIoN l.vy Belt enacted By tie Gene.
raj assembly Of The State Of, Ohio. Tha,
scciion one hundred and five of an ac1
Of the Jurisdiction aud procedure before
Justices ofthe Peace. and of the duties
of Constables in civil cases, passed Marcel
IA. 1853. be so amended as to read as fo
bows: CLOS, Ii either party fail to
appear at the re urn day of the summons
or fail to attend at the time to which a tr
al has been adjourned, or fail to make the
necessary bill of particulars, or fail in the
proofs, the cause may proceed at the re
qaest of the adverse party, and in all ca
SOS where a set off or counter claim has
been filed before the dismissal of the
cause by the plaintiff. the defendant shall
have the right OF proceeding to the trial
OF his claim. although the plaintiff may
have dismissed bis action La no cast
shall it be necessary to prove the execu-
ton of any bond, pronissory ttnote o
exchange q or contract, or. other writer
Instrument, .zor any Endorsement there
on upon which suit is Brought. or Sc
off or counter claim based unless the
party sought to be charged as the maker
.acceptor or endorser. Of such bond. pro
missory Eotes or bill of exchange shall
make and file with the, Justice. Of the
Peace before whom the suit is pending
an aft iavitd that such instrument of wrl
ting was not made. given. subscribed. &C
cepted or endorsed by him! y hna "a
SECTION 9, That section fO5 of sale
act Is nereDy repeated.
NH. VAN WORRIES,
no. Speaker Roftte House Of Representatives.
~ iii" ~ ~ THOMAS FORD.
s'i1l' tlT I i@u President of The Senate
-t,4 tSaa ~. e1slss ------'liv stlB.saa
mo 2sl AN ACT ta7as.l
To amend an act entitled "an act tt
provide Tor the settlement of the estates
J" 'ofdeceased persons" passed Marcl
23, 1910. li'F a'u -.giJs ymJ b3Ep
SEcrIoNl Be IL enacted By The Genera
Assrm5ty Of tie State Of Ohio, That the sew
eral provisions Of the law in force in thi.
State, concerning the settlement of tn,
ssestates, of deceased persons, and also the
remedies and proceedings therein giyer
against executors and administrators ap
pointed by the law of this State, shal
apply 70 and be in full force and effecta.
to any foreign administrator or execu
tor appointed by the laws of any othe
State and residing in Ohie, or having as
sets or prop erty in the same. and the sew
eral Courts OF Probate and Of record shall
have like power and authority over salt
doreign executor and administrator tn
same as ifappointed BY the laws ofth
State. "a .rs,-.a - u - = 'a1'.s
sEcrIos 2. Any court in this Sat
having chancery powers may compe
any foreign administrator or executor
residing in this State or having assets o
property in the same, to account at tn
suit Of any heir. .distributee or legatee
who are residents in this State, and ma,
make distribution OF the amount found il
his hands to the respective heirs, distri
butees or iegatees occording to the law 9
the, State granting said letters, aud wher
there are suits pending. or any unsettle
demands against said estate, the cou,
may require refunding bond to be give
TO said executor or administrator hy th
heirs distributes or legatees entitle
thereto in case the amount paid shall b
neeted for the purpose Of paying debts {
said estate. h'fis@ nasd'L - ss;s1
sEcrIos 81 When any foreign admin
istrat0r or executor has wasted, misappl
ed. or Converted any of the assets of sal
estate. it has insu fficen. property to di.
charge his liability on account of said iru.
or his sussties may be irresponsible, an
distributes, heir or legatee. may comp.
. him. IN any court having chancery pow
ers, to secure che amount thatimay he rt
spectiyeiy dde, 10 them as aforesaid, an
any OF his safsies may require indemn
ty on account of their liability as bail. AN
the several provisions remedies and pr,
ceedings OF the, code of civil procedul
shall apply TO the person and property
said administrator or executor, and sal
e'urt shall have full power and authoriI