AN ACT To repeal so much of the acts fixing the times of holding the Courts of Common Pleas, as relates to the counties of Erie and Lorain. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the act fixing the times of holding the Courts of Common Pleas in the Thirteenth Judicial Circuit, as relates to the County of Erie, passed January 10th, 1851, and so much of the act prescribing the times of holding the Court of Common Pleas in the Fourteenth Judicial Circuit, as relates to the County of Lorain, passed January seventeenth, 1851, be and the same are hereby repealed. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate. January 16, 1852. Probate Court, where established. Jurisdiction of. Same subject. AN ACT Defining the jurisdiction and regulating the practice of Probate Courts. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be established in each county of this State, a Probate Court, which shall be held at the county seat of each county. SEC. 2. The said Probate Court shall have exclusive jurisdiction, except as hereinafter provided, in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, the issuing of marriage licenses, and concurrent jurisdiction with the Courts of Common Pleas in the sale of lands on petition by executors, administrators, and by the guardians of minors, idiots and lunatics, and the assignment of dower in such cases of sale, and for the completion of real contracts on petition of executors and administrators, and in allowing and issuing writs of habeas corpus; and shall have power to administer oaths in all cases where oaths are required by law, and to take the acklowledgment of deeds and mortgages and other instruments of writing, and on good cause shown, in the vacation of the Court of Common Pleas, to allow writs of injunction and writs of certiorari directed to justices of the peace, returnable to the Court of Common Pleas of his county. SEC. 3. That in addition to the other powers and jurisdiction of the Judge of the Probate Court, as provided by this act, the said court shall have jurisdiction in the trial and con viction of persons accused of any crime or misdemeanor, in the trial of which, by the constitution and laws of this State, a presentment or indictment by a grand jury shall not be required; and also, in inquests as to lunatics, insane persons and idiots; and said Judge shall further have power to take depositions in all cases where the same may be taken by the laws of this State; which powers and jurisdiction shall be exercised and employed in such manner as shall be prescribed by law; Pro- Exceptions. vided, however, that so much of the provisions of this section as confers jurisdiction upon the Probate Court in criminal cases, shall not extend to the Probate Courts of the counties of Hamilton and Cuyahoga. to admit will test will, ad to proceed, &c. SEC. 4. That in case the Judge of Probate shall refuse to Judge refusing admit any will of a deceased person to probate, the person or to probate, &c. persons presenting the same for probate shall have the right to appeal from such decision to the Court of Common Pleas of the proper county; and in all cases where any will of a Right to condeceased person shall be regularly admitted to probate, any mitted to properson shall have the right to contest the validity of said will, bate, and how by filing his or her petition for that purpose in the Court of Common pleas of the proper county; and, upon filing said petition, the clerk of the Court of Common Pleas shall certify the fact to the Probate Court in which said will shall have been admitted to probate, and thereupon said Judge shall transmit to said Court of Common Pleas, said will, and copies of all such testimony and papers as may have been filed in his office appertaining thereto; and the judgment of the Court of Common Pleas, in either of the cases contemplated by this section, shall be certified to said Judge of Probate. marry. cense. SEC. 5. That the Probate Courts shall have exclusive au- Grant license to thority to license Ministers of the Gospel to solemnize marriages; and in issuing marriage licenses, the Judges of said Marriage liCourts shall perform the duties now required of the clerks of the Courts of Common Pleas, be subject to the same liabilities, and be governed by the existing laws regulating marriages. SEC. 6. That the Judges of the Probate Courts shall have Process and full power and authority to issue whatever process may be necessary for the efficient discharge of their duties, and to make and publish rules and orders regulating the business and practice of their several Courts, not inconsistent with the laws of this State. rules. ties of clerk, powers SEC. 7. That the Judges of said Courts shall have the care May perform duand custody of all files, papers, books and records belonging may appoint deto the probate office, except as otherwise provided in this act, and duties of deand are hereby authorized and empowered to perform the du- puty. ties of clerks of their own courts; every Judge of Probate shall have power to appoint a deputy clerk, who shall, previous to entering upon the duties of his appointment, take an oath or affirmation, faithfully to perform all the duties of his appointment; and when so qualified, said deputy may do and perform Seal. Duty of Sheriff. Contempt, how punished. Judge not to practise law. Further prohibitions. any and all the duties appertaining to the office of clerk of said court; and every Probate Judge may take such bond from his deputy as he may deem necessary to secure the faithful performance of the duties of his appointment. SEC. 8. That said Probate Court shall have a common seal, to be provided by the commissioners of the proper county, having the same device as the seals of the Court of Common Pleas, except there shall be engraved around the margin thereof, in addition to the name of the proper county, the_words "Probate Court," instead of the words "Common Pleas." That all writs and process issuing from said court, shall be under the seal thereof, and shall bear test and be signed by the Judge issuing the same; and all transcripts issuing from said court under the seal thereof, and signed by the Judges, shall be received, as evidence of the facts therein contained, in all the courts of this State. SEC. 9. It is hereby made the duty of the sheriffs of the several counties of this State, to serve and execute all process directed to them by said Judges of Probate, in their respective counties; and they shall be subject to fine and amercement as provided by law for the neglect or refusal to discharge the duties required of them; and it is hereby made the duty of the Sheriff of each county, or his deputy, to attend the Probate Court of his county, under the direction of the Judge thereof; and such sheriff shall receive, for his service of process, like fees as are now provided by law. SEC. 10. Contempt of the authority of said Judges, in any cause or hearing before them, may be punished in like manner as such contempt may be punished in the court of common pleas; and if any person summoned to appear as witness before them, shall refuse to appear and give evidence, such person shall be liable to like penalty or damage as for refusing to appear and give evidence before the court of common pleas. SEC. 11. No Probate Judge shall practise law in any of the Courts of Record of this State, or appear as counsel, before any Justice of the Peace or board of arbitration; Provided, that nothing in this section contained shall prevent any Probate Judge of this State from finishing any business by him commenced prior to the passage of this act, not connected with his official business. SEC. 12. That no Probate Judge shall act as executor or administrator of any estate, or as guardian for any minor, idiot or lunatic; or if he shall be interested as heir, legatee, devisee, or in any other manner, in any estate which may be required to be settled in the county where he resides, all such estates and accounts of guardianship shall be settled by the court of common pleas of such county; Provided, that any Probate Judge, who is now acting as executor, administrator or guardian, may continue to discharge the duties thereof till said trusts can be duly closed and settled. notice of the SEC. 13. It shall be the duty of the Probate Judge to cause Judge to publish notice to be published in some newspaper of the county, if any filing of be published therein, or if not, by posting the same upon the counts. door of the court house of said county, of the filing of any accounts by executors, administrators or guardians, specifying the time when such accounts shall be heard, which shall not be less than three weeks after the publication of such notice, at which time it shall be competent for said Judge of Probate, for cause, to allow further time to file exceptions to said accounts; and the costs of such notice shall be paid, if more than one ac- Costs, how paid. count be specified in the same notice, in equal proportions by the executors, administrators or guardians respectively. mine, under SEC. 14. The Judge of Probate shall have full power and Judge may exa. authority to examine under oath, all executors, administrators oath, executors. and guardians, touching their accounts; and if he shall think proper so to do, he may reduce such examination to writing, and require such executor, administrator or guardian, to sign the same; and such written examination shall be filed with the papers in the case. SEC. 15. That in the exercise of all the duties and jurisdic- What laws to tion imposed and conferred upon Judges of Probate, they govern Judges. shall be governed by the laws now in force upon the subjects respectively to which they relate, until otherwise provided by law. SEC. 16. That the final judgments, orders or decrees of the Final order, &c. court of Probate of any county in this State, may be reviewed, may be revers reversed or affirmed, in the Court of Common Pleas of such county, by appeal or certiorari; and, in case of appeal, the party appealing shall give bond and security to the satisfaction of such Judge of Probate, conditioned for the payment of all costs that may accrue in consequence of such appeal, in case such order, judgment or decree shall be affirmed; but no such appeal shall be allowed unless it shall be perfected within thirty days from the date of such judgment, order or decree; Provided, no bond for appeal shall be required when the appeal is taken by an executor, administrator or guardian who has given bond as required by law, or by minors, idiots or lunatics; and in cases of certiorari, the party applying for the same, shall give bond in such manner as is now provided by law. oath and give SEC. 17. Before any Probate Judge shall enter upon the Judge to take discharge of the duties of his office, he shall take an oath or bond. affirmation to support the constitution of the United States, the constitution of the State of Ohio, and that he will faithfully, diligently and impartially discharge the duties of Probate Judge to the best of his skill and ability; and shall also give bond with sufficient security, to be approved by the board of county commissioners of the proper county; or, in the absence of any two of said commissioners from the county when said bond is to be executed, by the auditor and recorder of the proper county of the State of Ohio, in any sum not less than five thousand dol Duty of Com. mon Pleas Clerks. Fees. Office and stationery. Repealed. lars, conditioned that he will truly and faithfully pay over all moneys that may by him be received in his official capacity, and that he will enter and record all the orders, decrees, judgments and proceedings of said Court, and faithfully and impartially discharge and perform all the duties of his said office; which bond, with his oath or affirmation endorsed upon the same, shall be lodged with the county treasurer. SEC. 18. The several clerks of the Courts of Common Pleas of this State, are hereby required to transfer to the Probate Court of their respective counties, all records, files, papers and proceedings appertaining to the exclusive jurisdiction of said Courts of Probate, so far as the same are capable of being separated from the proper journals and records of the Courts of Common Pleas, and shall also make out and certify full transcripts of any journal entries relating to Probate matters which may be pending in said courts, on request of any Probate Judge or person interested, together with a copy of the general laws of the State. SEC. 19. That the several Judges of Probate, in their capacity as clerks, shall be entitled to tax and receive such fees as are now prescribed in the fee bill regulating the taxation of costs in the Courts of Common Pleas, so far as pertains to matters within the jurisdiction of Probate Courts. SEC. 20. The county commissioners of each county in this State, shall provide a suitable office or offices for the accommodation of the Probate Judge of the county, and shall furnish all stationery, and such other things as may be necessary for the prompt discharge of the duties of said judges. SEC. 21. That the one hundred and sixty-fifth and the one hundred and sixty-sixth sections of the act entitled "An act to provide for the settlement of the estates of deceased persons, passed March 23, 1840, be, and the same are hereby repealed. JAMES C. JOHNSON, President of the Senate. February 25, 1852. AN ACT To repeal the act entitled an act to amend the act entitled an act establishing the Superior Court in the city of Cincinnati, passed March 8th, 1845, and to provide for the time of holding the terms of said Court, and the return of process thereto. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be a term of the Superior Court of Cincinnati, commencing on the first Monday of April next, and |