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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.

CHAPTER XXXV.

Compensation.

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 tbem 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

from clerk

cate, etc.

der on

eto.

fees.

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, & certiti.
which, when presented to the commissioners,
shall be a sufficient evidence of such claim; and
the commissioners are hereby required to issue Commis-
an order

upon the treasurer for the sum so due, issue an orand such other sum in addition, as they shall be treasurer

. of opinion each associate judge is entitled to, for going to and returning from court.

Sec. 3. And be it further enacted, That the Associate associate judges shall not receive any other fees entitled to 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.

their duty.

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Treasurer.

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

Attorney and counsellors in common pleas.

In the supreme court.

Commission-
ers to allow
associate
judges com-
pensation in
certain
cases,

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.

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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

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 prop- of adminiserty (whether in goods, chattels or debts) to the certain amount of fifty dollars, the judges of the court of conimon 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

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Administra-
tors, etc.,

and duty.

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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 cath 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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