The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-07-15

moreover be liable upon the Official bond
of the executor, administrator, or guar
dian, against whom any judgment may be
rendered under the provisions of this act,
either in the probate court, or court of
common pleas, and such s~ureties may be
made parties to any such judgment by
petition or action to be commenced and
prosecuted in the same manner as is pro-
vided in this act for the commencement
and prosecuting causes, against executors,
administrators, or guardians, to final judg-
ment and execution Provided that in all
cases in which service of process shall
have been made upon such executors, ad-
ministrators, or guardians, by publication
as provided in section two, the surety
shall be permitted to make the same de-
fence as the executor, administrator or
guar lian could lave made.
SEC. s. Any executor, administrator,
or guardian, may maintain a civil action
in the court of common pleas, against the
creditors, legatees, or distributes, or 9th
er parties, asking the direction or judg-
ment of the court, in any matter respect
ing the trust, estate, or property to be adj
ministered, and the rights of the parties
In interest, in the same manner, and as
fully as was formerly entertained in courts
of chancery.
Sec, 9. Appeals shall be allowed from
any final order, judment, or decree of
the probate court to the court of common
pleas, by any person against whom any such
order, judgment or decree mry be made, or
who may be affected thereby, in the same
manner as is provided for appeals from
the probate court, in the act entitled can
act defining the jurisdiction and regula-
ting the practice of probate courts" pass
ed March IA, 1858, and to amend said
act,' passed May L, 1854. Appeals shall
also be allowed from any order or julg-
ment of the court of common pleas, in
like manner, to the district court, in pro-
ccedings under this act, by any person
against whom any such judgment or or
der may be rendered, or who may be af-
fected thereby, to the same extent and in
the same manner as is provided for ap-
peals from the common pleas in other ca
ses, and bills of exceptions may be taken
and allowed upon any decision of the pre-
bate court, court of common pleas, or dis
trict court, in proceedings under this act,
as in other cases.
SEC. 10. This act shall apply to all
CuSCS EOW oS1blCN, VI III OOolSO u
ment, as we'll as those that may hereafter
be settled, and to all causes or suits now
pending, respecting any matter provided
for in this act.
SEC. IL. That the act entitled an act
for the more speedy collection of debts,
&c., from executors, administrators, and
guardians in certain cases, passed March
10, 1851, be and the same is hereby re-
pealed. This act to take effect and be in
force from and after its passage.
N. II. VAN WORRIES,
Speaker of the House of Reps.
THOMAS II. FORD,
President of the Senate.
April II, 1857.
SECRETARY OF STATES OFFICE,
COLUMBUS, May 30, 1857.
I hereby certify that the foregoing acts
are correctly copied from the original roll
on file in this Office.
JAMES H. BAKER,
Secretary Of State.
AUDITORS OFFICE, Ashland, O..
May 81, 1857.
I hereby certify that the foregoing acts
are correctly copied from the original acts
as reported to this office.
JAMES SWINEFORD.
Auditor Ashland County.