M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1857-05-14

ellner before or after TIE resurn OF lle Clta-
| tiOn, may order such nonresident To be
brought into court by publication in some
newspaper Of the county in which the peti.
| ton is filed. for six consecutive weeks be-
fore the time fixed for the hearing OF said
cause; or in case no newspaper be published
| in the county, then to be published in some
newspaper having general circulation in
said county.
SEC. 3. On the return of the citation
served. or the service OF notice by publica-
ton, as Aforesaid the cause shall be consider
ed ready Tor hearing, unless for good cause
shown BY either party the same shall be
continued for trial and judgment, as in 9th
er cases Of continuance, and if no good cause
be shown, in defence Of the claim Of the
plaintiff in such petition, il shall be
lawful for such Probate Court to
render judgment in favor Of such plain
| tiff, against such executor, administra-
tor, or guardian, Tor the amount found to be
due to the petitioner, and remaining unpaid,
upon the settlement and order Of distribution.
as aforesaid, with the interests and costs Of
! suit, and to award execution thereon as in
other cases Of judgments. which execution
] bllull oNlNOu anu lNhhluSht Ol lll6 DtlHll III
or other proper officer, in all respects as
executions are, issued from the Courts of
Common Pleas, and all judgments, rendered
under this act shall have like ems upon the
real estate OF the partie,, as judgments rem.
deled in the Comhon Pleis, and governed in
all respects by the same rules.
! SEC. A. II the amount coming to any
heir, legalee, widow, or other distrbutee.
under such order OF distribution shall be un.
certain. OF in dispute, depending upon the
construction OF any devise, bequesi, convey
anCe, contract, or advancement, or upon any
other question. the Probate Judge may hear
and determine all such questions necessary
to ascertain and fix the amount due the
! plaintiff in such petition, and ii necessary to
hear and determine, and settle the rights
ond claims OF all the parties interested as af
reSaid, in such order of distribution. and
for that purpose the Probate Court is hereby
authorized to cause all the heirs, legatees,
or other distributes, parties in interest. to
| BE- made parties to said petition, when the
same is necessary, by amended or supple
mental. petition AMI service Of notice, as is
provided in the first and second section of
this act, and in such case to render judg-
ment and award execution against such ex-
eCntor, administrator, or guardian, in Ia
vor Of the parties respectively, i6r the am.
cunts respeC lively found due them, with
| the interest aud costs, unless the court
should be Of opinion the costs should be
psid out of the estate ordered to be dlstribu-
ted. or by the parties, in which case such
order shall be made respecting the costs as
shall seem equitable.
SEC. B. In all cases under this act the
Probate Court before which any proceeding
shall be pending shall, on motion ol any oil
the parties TO said proceeding, Cause The
same to be reversed aud sent to the Court OF
Common Pleas oil that county for trial, anl
Judgment and execution, and in case OF
such reservation 1t shall be the duty OF the
Probate Judge, forthwith to make out
transcriptui his proceedings in The cause, so
lar as he has progressed i'll the same, which
together with the petition, and all other pa.
pers in the cause, shall he forthwith filed
with the clerk Of the court OF Common pleas
of the county in which the cause is lummen-
Ced and said Celse shall thereafter b. carried
on to iinaI jul5meut aud execution in
said Court Of Common p eus, in oil respects
as though the same had been originally
commenced there, as in other civil ac tions,
under the provisions of the code o civil pro.
Cedure.
Sec. 6. The Court OF Common Pleas
shall have concurrent original jurisdiction
with the Probate Court, in all cases provided
form the first second third and fourth sections
Ul this act, and any creditor. iegatee. widow,
or other distributee. as aforesaid, may bring
a civil action III the court OF common pleas
ol the proper county, against such ex"cutoI.
adm inislIator or guardian, Tor his or her
share OF the estate, upon such settlement aud
order Of distribution, in the same manner
as other civil actions. and proceed therein
to final judgment and execution, and be gov
erned in all respects as upon other civil &C
tions, under the code of civil procedure, and
to cause all persons interested in said Cause,
as heirs, Iegatees, distributes, or otherwise,
to be made parties to any action aforesaid,
if it shall be deemed necessary, in order to
full and complete settlement and adjust.
ment oil the rights of the parties. in the
same manner as other civil actions, with full
power and authority to settle and determine
ihe rights OF the parties. and reEder judy
ment and award execution thereon as in
other cases.
SECTION 7. The sureties Of every such
executor, administrator, or guardian shall
moreover be liable upon the official bond OF
the executor, administrator, Or guardian,
against whom any judgment may be rem
dered under the provisions Of this act, Ell
ther IN the probate court, or court OF COM
mon pleas, aud such suretieS may b. made
pa ties to any such judgment by petition or
action TO be commenced aud prosecuted in
the same manner as is provided in this act
for the commencement and prosecuting
causes, against executors, administrators or
guardians. TO final judgment and execution
Provided that i'll all cases ilr which service
of process shall have BEEN made upon such
executor, administrators. or guardians by pub
lication as provided in section :, the surety
shall be permitted to make The same defence
as the executor, administrators or guardian
could have made.
SECTION 8. Any executor, administra-
tor, or guardian, may maintain civil ac-
ton in the court Of common pleas, against
the creditors, legatees, or distributes, OF
other parties, skiing the direction or jIdS-
ment OF the court, i'll any matter respecting
the trust, estate, or property TO be admins
tered. and the rights ol the parties in inter
est, IN the same manner, AMI as tuliy Js was
formerly entertained in courts OF chancery.
Srrrt,N q Annpals shall hP allowed