The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1873-10-09
MOVES IN TaE JOHN ELsTNER CASE.

MULES IN LaE JUN AA1oL NEh OASE.
The following is, an abstract Of the en-
tries in the journal in the John IElstner
estate case, except the fifth paragraph,
which Is given in. full. '--- II
Minutes, vol 80 page 81. = In the mat
ter of the estate Of John Ektners deceased
on exception to administrators accounts.
Entry. On consideration etc, the Court
doth order, ,----. .
B.. / Exception sustained and Commits
slons ordered stricken Ougs rczsF~sss5-4a-
Administrator right to charge lawful com
missions and extra allowance subject to
order of Court. iI44li@-
2. Court disallows amount paid on debt
from indorss ment of Abail Zsller's note,
Court being of opinion that no partof same
is proper charge by Administrator or sur
vivlng party against the estate, Oh
8. Approves all charges of counsel, ex-
cept 5 500 for services in case No. l2.452.
Superior Court, Cincinnati, O. Williams
Wood We. Alfred Wood ct at, to settle the
partnership of VIM Wood d Con
ground of previous adjudication, excent.
4 Item S9,00Qso advanced To The heirs
which must stand as-charged, 10 admins
trstor-beeaRse only. charageable in final
account of heirs as heirs, in their distribu-
tion, administrator at liberty to make all
proper charges in relation thereto 10 final
ACCOUNTS fled.-Qaestions Of interest are
continued till determination of Court in
fling such accounts.
"6. All other and remaining exceptlS )
are oYerruled and d!salioRed, and the said
accounts, except as hereinJoiore acJudlcat-
ed upon, are approved and Confirmed. And
tie court doth order That the SAID admin
istrator do proceed to take a further ac-
cJant IN the premises. and as TO the claim
for service OF J smes NJ Irwin are reserved
for consideration upon the fling Of sand
account.-And 1t Is further ordered that
the costs OF this proceeding be paid by the
administrator out of the asse- s IN his hands
and the same by consent, are taxed at
800. And il Is ordered that the SAID ad-
mlnistrators file their Alnended account in
ten days, under the terms of this. order,
subJeot to exceptions on appeal"
The Probate Judge has two functions
-one professional or Judicial the other
clerical The first he performs personally;
the second by proxy, through clerical
force. For clerical duties he was, in Judge
Noyes's time, allowed rich fees; for his
stncJly judicial duties the law never al
lowed HIM one -cent.-The 500 which the
above journal entry records against him
was for judicial duties in hearing excep-
tions OF a widow and orphans TO the claims
Of an administrator. We give it right
here :3.a r .HI IN
THE PENALTY FOR MOVES oFFENsEs.
(Act of March 8, 1881 S. & c., 42s 96)
Section XII. That if any Judge, JUS
tice, Coroner, Constable, Jailer or other
officer Of this State, either Judicial or min
isterlal, shall knowingly ask or receive any
fee or reward to execute and do his duty
other than is or shall be allowed by the
laws Of TINS State, every person 80 offend
ing shall upon conviction thereof be fined
in any sum not. exceeding two bundled
dollars, or imprisoned In the cell or dun
geon of the jall of the county, and lie fed
on bread and water only, not exceeding
ten days, or both, at the discretion of the
Court, and for seven years thereafter be
incapable of holding any Office of honOl
profit or trust in this State.
We have shown in the case of the "ab-
stracL" of the reports of births and deaths q
huge and impndent case of Noyes taking
an Illegal fee of 81, ,294 so. : .-t
The legal fees of the Office at that time
were great. Noyes has said repeatedly TO
acquaintance that he got $4,000 out of
the fees of that office during his term He
evidently left out his illegal fees in this
statement, of which We have shown up
nearly SIS, 900. To-day we show an ille-
gal fee Of 500 which comes out of the es-
tate of widow and orphans, according TO
the record of his Court signed by himself