Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-05-13
NO. 80.

ed In the last preceding section.
Dec. 3O Every guardian shall be allowed.
oy tIe court settling his account, the amount
execution of his trust, and also snch Commenced
tion for his services as the court shall deem rea.
sonable.
Sec. 81, The settlement made in the pro.
bate court Of the accounts of guardian shah be
final between him and his ward. unless an an.
peal is taken therefrom to the court Of common
pleas in the manner provided by law; saving
however, to any such ward the right of opening
and reviewing such settlement, for fraud or
manifest mistake, by petition filed in the form
prescribed in the court [eode] ofcivil procedure
of this State, in the probate court in which such
the county where such guardian may reside
when the petition is filed, at the option of the
plaintiff In such action, at any time within tw o
| years after the said ward shall arrive at full
| age. Service shall be made upon the defend-
ant to such petition in the mode prescribed by
said code, and ali proceedings had upon such
petition shall be governed by said code, so far
as the same may be applicable An appeal
| shall be allowed from the final order or iudg.
ment of the probate court in such proceeding,
in the same manner as in other cases or pro.
ceedlngs In which appeals are allowed from
the probate courts 10 the court of common pleas.
Sec. ~ Minors living out of this State and
owning lands within the same, shall be entitled
to the benefit of this act; and guardians of mi.
nors residing out of this State, who have been
| appointed according to the laws of the State or
| Territory where they may reside, shall have
| the right to bring and maintain actions aud en-.
force the collection of judgments, rendered in
such actions In their favor, in the same manner
and TO the same extent that they could do if
they had been appointed under the laws of this
State, upon giving security for the costs which
may accrue In such actions, in the same way
other non residents are obliged to do under the
laws of this State. All applications for the sale
of real estate by guardians to minors who live
out of this State, shall be made in the county in
which the land is situate; or, if situate in more
counties than one, then in one of the counties IN
which part of such real estate is situate; an ad-
ditional securely shall be required from such
guardian or guardians, when deemed necessary,
and such as may be approved by the probate
court OF the county in which such applications
is made
Sec. 80. When any guardian has died. or
may hereafter die, before the settlement ia court
of his or her guardianship account, it shall be
the duty Of the executor or administrator of such
guardian to settle up said account, in the same
manner such guardian ought to have done; and
any person having an interest in the settlement
of such account, or the court by whom such
by citation TO be issued, returned and proceed
ed upon according to the provisions of the act
which may then be in force for the settlement
of decedent's estates, compel such settlement to
be made by the administrator or executor any
guardian dying or having died as Aforesaid
The executor or administrator making such set
tlement, shall be allowed such compensation
for the same, as the court with which the set.
Element is made shall deem reasonable.
Sec. "a. When anv unmarried woman, who
has been or may be appointed guardian of any
minor, shall marry, such marriage shall not Of
itself determine the guardianship OF such wo-
man; and the probate court of the proper coun-
ty shall appoint another guardian for such nil
nor, to which last named guardian all the estate
of such minor shall, on demand, be delivered
up by such former guardian; and she shall forth
with render her guardianship account to the
court from which she received her appointment
for final settlement.
See. IS. The probate judge of each county
shall cause to be printed. in pamphlet form. such
number of copies of this act as he may deem
necessary, ard he shall furnish to every person
by him appointed guardian one of said copies,
aud such guardian shall pay to said Judge the
actual cost thereof.
Sec. Sc. The act entitled, An act for the ap-
pointment of guardians, passed February 8.
1924; the act to amend the same, passed March
y, 1850; the act to amend the hrst mentioned
act, passed March !, 1842; also the act to amend
the first mentioned act, passed February o,
1916, be and the same are hereby repealed:
Provided, however, that the repeal of said acts
shall not effect any acts done, or rights requir.
ed, or any suit, action, matter or proceeding,
and pending under the same %
either of them. or in pursuance thereof.
Sec. 81, This act shall take effect on the first
day of July next.
WILLIAM B. WOODS.
Speaker of the House of representatives.
NJ. WELKER,
President Of the Senate.
April -, 1858.
SECRETARY OF STATES OFFICE,
COLUMBUS, April Is, 1858.
l hereby certify that the foregoing acts ara
rue copies of the original rolls now on file in
his office.
A. P. RUSSELL,
Secretary of State.
AUDITORS OFFICE, Holmes Co., O,
MILLERsBURGH, May l3, 1858.
i. G. F. NEWTON, Auditor of Holmes County.
Il