M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-03-27

W. eh0 WIG catuc u uNftol NtptoiSus Aao
yided, that nothing herein contained shall
effect any action or prosecution that may
have been commenced under the provisions
Of the act hereby repealed.
N. II. VAN WORRIES,
Speaker ofth House Of Representatives,
THOMAS II, FORD,
President Of the Senate.
March 9th, 1856.
mo. 9l1 AN ACT
To amend section l05 of an act Of the jIi-
risdiction and procedure before justices Of
the Peace, and Of the duties Of Constables
In Civil Courts, passed March IA, 1863.
SECTION /. BE IL enacted by The General
Assembly Of Lhe State of Ohio, That section
one hundred and five Of an act Of the juris-
diction and procedure before Justices Of the
Peace, and Of the duties Of Constables in
civil cases, passed March IA, 1853, be so
amended as to read as follows: Sec. l05.--
If either party fail to appear at the return
day Of the summons, or fail to attend at the
time to which trial has been adjourned, or
fail 10 make the necessary bill of particu-
lars, or fail in the proofs, the cause may pro-
ceed at the request of the adverse party, and
in all cases where a set off or count er claim
has been filed before the dismissal of the
cause by the plaintiff, the defendant shall
have the rig ht of proceeding to the trial of
his claim, although the plaintiff may have
dismissed his action. In no case shall it be
necessary to prove the execution ofany bond,
promisory note, bill Of exchange or contract
or other written instrument, or any indorse.
ment thereon, upon which suit is brought,
or set off or counter claim based, unless the
party sought to be charged as the maker,
acceptor or endorser of such bond, promiso-
ry note or bill of exchange, shall make and
file with the Justice of the Peace before
whom the suit is pending, an affidavit that
such instrument Of writing was not made,
given, subscribed, accepted or endorsed by
him.
SEC. Q. That section lO5 Of said act Is
hereby repealed.
NH. VAN WORRIES,
Speaker of the House of Representatives.
THOMAS H. FORD,
President Of the Senate.
March 5, 1856.
mo. 22] AN ACT
To amend an act entitled "an oct to provide
for the settlement Of the estates of de-
ceased persons" passed March 90, 1910.
SECTION /. Be IL enacted By The General
Assembly of The Slate of Ohio, That the
several provisions of the law in force in this
State, concerning the settlements of the
estates of deceased persons, and also the
remedies and proceedings therein given
against executors and administrators ap-
pointed by the law of this State, shall apply
to & be in full force and effect as any foreign
or executor appointed by the
laws of any other State and residing In
Ohio, or having assets or property in the
same, and the several Courts of Probate and
Of record shall have like power and author
ity over said foreign executor and admins
traitor the same as if appointed by the laws
Of this State.
SEC. 9. Any court In this State having
chancery powers may compel any foreign
or executor, residing In this
State, or having assets or property In the
same, to account at the suit of any heir, dis
tributee or legatee, who are residents in this
State, and may make distribution Of the
amount found in his hands to the respective
heirs, distributes or legatees according to
the law of the State granting said letters;
and when there are suits pending, or any
unsettled demands against sAid estate, the
court may require refunding bond to be
given to said executor or administrator by
the heirs, distributes or legatees entitled
thereto in case the amount paid shall be
needed for the purpose Of paying debts of
said estate.
SEC. 8. When any foreign adm inlstrator
or executor has wasted, misappled, or con.
verted any of the assets of said estate, or
has insufficient property to discharge his IL
ability on account Of said trust, or his sure
ties may be irresponsible, any dstrlbutee,
heir or legatee, may compel him, in any
court having chancery powers, to secure the
amount that may be erespectively due to them
Is aforesaid, and any Of his sureties may
require indemnity on account Of their liabil- |
ty as bail, and the several provisional rem
,dies and proceedings of the coda of civil
procedure shall apply to the person and prop
erty of said administrator or executor, and |
said court shall have full power and authori-
" to make any order or decree touching his
property and effects, or the assets of said
estate, necessary for the safety and security |
IF those interested therein. 1t
SEC. 4. That this act shall take effect
md be in force from and after its passage,
and shall apply to any suits now pending in
my of the courts of this State.
NH. VAN VOORHEES,,
Speaker Of the House of Representatives.
THOMAS II. FORD,
President Of the Senate.
Dated March 3, 1866. t.a.
No. 24l AN ACT -
Making appropriations to pay the indebted
ness Of the Benevolent Institutions and
the New State House. %
SECTION I. BE IL enacted by the General
Assembly of the Slate of Ohio, That there is
hereby appropriated, out of the funds in the
treasury Of this State, applicable to general |
revenue purposes, the following sums:
To pay the Indebtedness of the Ohio Du-