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the expiration of the next session of the general assembly.

ELIAS LANGHAM,

Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate.

February 18th, 1804.

Compensation.

CHAPTER XXXV.

An act, allowing compensation to the associate judges, and for other purposes.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the associate judges of the courts of common pleas for the several counties, shall be entitled to receive two dollars for each and every day they shall be necessarily employed in holding, going to and returning from any court, by them to be holden, which shall be paid out of the treasury of the proper county, upon the order of the commissioners.

Sec. 2. And be it further enacted, That it shall be the duty of each of the associate judges, at

judges to

from clerk

cate, etc.

the end of each term, to obtain from the clerk Associate of said court, a certificate of the number of the obtain days each judge attended during said term, a certifi which, when presented to the commissioners, shall be a sufficient evidence of such claim; and the commissioners are hereby required to issue an order upon the treasurer for the sum so due, and such other sum in addition, as they shall be of opinion each associate judge is entitled to, for going to and returning from court.

Commisissue an ortreasurer,

sioners to

der on

etc.

Associate entitled to

judges not

fees.

their duty.

Sec. 3. And be it further enacted, That the associate judges shall not receive any other fees of office as a compensation for holding court, other than as above directed; and it shall be the duty of the respective clerks of the courts of common pleas, to make out and charge, as costs, Clerks, the fees allowed to the justices of the court of common pleas and general quarter session, by the act, entitled, "An act regulating the fees of civil officers, and for other purposes," in every case by the respective courts adjudicated; and it shall be his duty, within ten days after each term, to pay into the treasury of the county, all sums taxed as above, when collected and paid to him by the sheriff; and the treasurer is re- bis duty.

Treasurer,

Attorney and counsellors in common

pleas.

In the supreme court.

Commissioners to allow associate

judges compensation in certain

cases.

Repealing clause.

quired to give his receipt to the clerk, for all money so by him paid.

Sec. 4. And be it further enacted, That attorneys or counsellors at law, shall be entitled to receive, for every suit instituted and prosecuted or defended by them in the court of common pleas, the sum of four dollars, to be taxed as costs, which the party obtaining judgment shall recover of the party against whom judgment shall be given, and in the supreme court, eight dollars as aforesaid, and no more.

Sec. 5. And be it further enacted, That as a compensation to the associate judges for services heretofore rendered in the counties where they have not received the fees allowed by the law aforesaid, they shall be entitled to have such sum as the commissioners of the county shall deem reasonable for such services, to be paid out of the county treasury.

Sec. 6. And be it further enacted, That so much of the act, entitled, "An act regulating the fees of civil officers, and for other purposes," as relates to the judges of the court of common pleas, and attorneys and counsellors at law, be and the same is hereby repealed.

ELIAS LANGHAM,

Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate.

February 18th, 1804.

CHAPTER XXXVI.

An act, defining the duties of administrators on wills and intestate estates.

the common

grant letters

of adminiscertain

tration in

cases and to

whom,

Sec. 1. Be it enacted by the general assembly Judges of of the state of Ohio, That when any person in pleas to this state dies intestate, leaving personal property (whether in goods, chattels or debts) to the amount of fifty dollars, the judges of the court of common pleas, or any two of them, shall grant letters of administration to the person or persons nearest of kin to the deceased; and if the nearest of kin will not accept, then to the next nearest of kin who will accept; and if no person of kin will accept, the court shall appoint an administrator who will serve; but if no application be made to the court, and the judges be well informed that the estate of the

Administrators, etc.,

and duty.

deceased, exceeds the value of fifty dollars, the court shall cause the person of kin (if any there be within the county) to come before them and show cause, if any there be, why letters of administration should not be granted, and if they do not appear at the next term of the court of common pleas of the proper county, and show cause or agree to administrate, then the court shall appoint a person and grant to him letters of administration.

Sec. 2. And be it further enacted, That letters their power of administration shall empower and direct the administrator or administrators, adminsratrix or administratrices, under oath or affirmation, to have all the goods and chattels of the deceased, so far forth as they have come within his or her knowledge, appraised by three freeholders of the township, who shall be appointed by the judges of said court, and named in said letters, which freeholders, on oath or affirmation, having well and truly appraised all the goods and chattels of the deceased, which shall be presented to them, a true and accurate inventory thereof, signed by the appraisers, and also a true and accurate statement of the debts due and owing to the estate, so far as known to the administrator or administrators, adminis

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