entering the accounts necessary to be made or kept in his office, for every one hundred words, ten cents; For every order on the county treasury, six and one-fourth cents; For every entry and transfer of land for taxation, twelve and a half cents, to be paid by the person requesting such transfer; For making a deed for any land or town lot sold for taxes, one dollar, to be paid by the person receiving such deed: missionera And for all other services required of said auditor by law, any To be paid on sum not exceeding Gifty dollars per annum; which, together with the order of comall other fees allowed said auditor, and not otherwise provided for by this act, shall be paid out of the county treasury, on the order of the county commissioners, and not otherwise: Provided, Said commissioners shall in no case give an order to said auditor Auditor's ac. for fees, but upon an account made out and sworn to by said au- count ditor, which shall be filed in the office of the treasurer of said sworn to county. to be to clerk and Sec. 23. That the court of common pleas in each county, Court of C. P. shall make an allowance of not more than sixty dollars per annum to make an ad for their clerk and sheriff, each, for services where the State nual allowance fails, or the defendant proves insolvent, and other services not sheriff particularly provided for; and the sheriff or jailer shall also receive for subsisting each prisoner in a criminal case, the same daily allowance as in civil cases, to be paid out of the county treasury, on the order of the county auditor, when the same cannot be recovered from such prisoner: and moreover, the clerk shall receive a reasonable allowance for blank books and sta tionery, to be paid as aforesaid." table of fees in Sec. 24. That each and every officer, whose fees are herein "ascertained, limited and appointed, shall, and they are hereby Officers to set up required, to make a fair table of their fees respectively, accor- their offices ding to this act, and to publish and set up the same in their res pective offices within three months after any such officer shall have been elected or appointed, in some conspicuous place, for the inspection of all persons who have business in said office, on pain of forfeiting for each day the same shall be missing through said officer's neglect, the sum of five dollars; which penalty may be recovered by indictment, for the use of the county where the offence shall have been committed. may be refused Sec. 25. That it shall, and may be lawful, for any person to refuse payment of fees to any officer who will not make out a Payment of fees bill of particulars, signed by him if required; and also, a re-until bill of parceipt or discharge signed by him for fees paid: and the bill ofticulars be made fees of the officers herein named, shall be subject to examination and correction by the several courts. out, &c. complete record Sec. 26. That if any clerk of any of the courts of this State shall fail to complete a full record in every case, within six Clerk failing to months after final judgment of the proper court therein, every in six months such clerk so failing, shall be removed from office by the court shall be removed fees unless items of which he is a clerk; and it shall be the duty of the court strictly to enforce the provisions of this section. No ministerial Sec. 27. That no sheriff, coroner or constable, shall be enofficer to receive titled to receive, either on mesne or final process, any fees probe returned on vided for in this act, unless he shall return upon the process upon which any charge shall be made,. the particular items of such charge. process Docket fees officer returning Sec. 28. That in all suits or actions commenced in the supreme court or court of common pleas, the person recovering judgment shall be entitled to the following docket fee, to wit: In each and every case where the suit is settled and ended previous to the issue being joined, and after the declaration is filed, two dollars and fifty cents; after trial, five dollars; which docket fee shall be taxed in the bill of costs, and be paid to the attorney of record for the successful party; which fee shall be accounted for by the said attorney on settlement with his client: but no docket fee shall be allowed and taxed in any suit determined previous to the filing of the declaration, nor when a suit is removed by certiorari, or appeal, when no trial is had by a jury or by the court before whom the same is removed: and in all cases where the laws of this State have left to the court to determine who shall pay the costs, the docket fee shall be taxed as the said court may order.. Sec. 29. That whenever any sheriff or coroner, as the case Sheriff or other may be, shall hereafter receive any writ of execution from the execution by clerk of the supreme court or court of common plecas, of any mail, now tray other county than that in which said sheriff or coroner resides, cling fees shall and shall return said execution by mail or private conveyance be computed der act relating to dower to the office of the clerk from whence it issued; such sheriff or coroner shall receive no greater traveling fees than five cents per mile from the residence of said sheriff to the place of ser-. vice, and from thence to the nearest and most convenient post office. Sec. 30. That sheriffs shall be allowed the following fees. Sheriff's fees un- for services rendered, under the provisions of the act, entitled "An act relating to dower:" for summoning and swearing the men specified in the twelfth section of said act, one dollar; traveling fees, to be computed from the place of return of his proceedings, to the place where the land lies in which the said dower is to be assigned, five cents per mile. dower Sec. 31. That the men summoned by the sheriff as aforeYees of commis said, shall receive each seventy-five cents per day for their sersioners assigning vices; and all costs accruing on the assignment of dower, shall be taxed by the court, and judgment rendered therefor, the one third of which shall be paid by the petitioner, and the other two thirds by the heirs, devisees or other persons, claiming the remaining two thirds of said land. Sec. 32. That in all cases where any sheriff or coroner, haSheriff's and ving levied any execution, and whose term of office has expired, coroner's fees shall have returned such execution unsatisfied, or shall have iu certain cases delivered the same to his successor in office before the money subject to equicould be made thereon, it shall be lawful for the supreme court or table distribution court of common pleas of the county where such execution shall have issued, to order the poundage and fees taxed on any such execution, to be distributed between any such sheriff or coroner and his successor, who shall have made the money thereon, in such manner and proportions as they may deem just and equitable. Sec. 33. That the act, entitled "An act to regulate the fees of civil officers in civil and criminal cases," passed February Acts repealeâ 19th, 1824; and "An act to amend an act, entitled 'An act to regulate the fees of civil officers in civil and criminal cases," passed January 30th, 1827; and "An act to amend the art, entitled 'An act to regulate the fees of civil officers in civil and criminal cases," passed December 31st, 1827; and "An act to provide for the equitable distribution of the fees of sheriffs and coroners, in certain cases;" be, and the same are hereby repealed. This act to take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. March 5, 1831. AN ACT defining the duties of exccutors and administrators. pleas of the letters of admin Sec. 1. Be it enacted by the General Assembly of the State of Court of com Ohio, That when any person shall die intestate, leaving real or County where personal property within this State, the court of common pleas intestate last res in the county wherein the intestate had his or her last place of sided, to grant residence, shall, on application, grant letters of administration istration to the widow, if any, or to the person nearest of kin to the intestate, who will accept; or if the widow, or no one of kin To whom letters will accept, then, to any creditor of the intestate who may ap-may be granted ply for the same: but if no application be made to the court, and they be well informed that the estate of the deceased exceeds the value of one hundred dollars, the court may, at their discretion, forthwith appoint an administrator to said estate, or cause the next of kin, if in the county and known to the court, and if not, then the person in whose custody the goods and chattels of such estate may be, to come before them and show cause why letters of administration should not be granted; and if such person do not appear at the next term of the said court, and show cause as aforesaid, the court shall appoint one or more proper persons, and grant to them letters of administra tion. reet administra tors to have goods appraised, &c Sec. 2. That the letters of administration shall empower Letters shall di- and direct the administrator to have all the goods and chattels of the deceased, so far as shall come within his or her knowledge, appraised by three householders of the county, under oath or affirmation, who shall be appointed by the court, and named in said letters; which householders, having well and truly appraised all goods and chattels of the deceased, which shall be presented to them, a true and accurate inventory of such appraisement, signed by the appraisers, and also a true and accurate statement of all debts which are due and owing to the estate, so far as known to the administrator, shall be by him returned to the clerk's office of said court, within three months. What property widow may re Sec. 3. That if said deceased shall have left a widow, she shall be entitled to retain all the wearing apparel of herself and that of her deceased husband, and such other articles of property as are by law exempt from execution, without being obliged to account for them as a part of her husband's estate: Appraisers shall and said appraisers shall, moreover, allow such widow and children, (if any there be,) of said deceased, under the age of fifteen years, or if there be no widow, then to such children, sufficient provisions or other property, for their support twelve months from the death of such intestate; which shall not be returned in such inventory, but in a separate schedule, which shall also be signed by said appraisers. allow widow and children one year's support ficient for their further sum; which, if ap proved by the court, shall be a valid claim Sec. 4. That when there is no personal property, or an inWhen "personal sufficient amount thereof for the support of the widow and groperty is insuf children for twelve months, or for the support of such children, support, apprais- agreeably to the provisons of the third section of this act, the Cray allow said appraisers shall allow, for such support, the said personal property, if any, returning the same in a separate schedule as above specified; and shall certify on said schedule, or otherwise, what sum or further sum ought to be allowed for the sup against the es port of such widow and children, (or child or children, if there tate, and have be no widow.) for said twelve months; which sum or allowance, if approved by the court to which such schedule or certificate is returned, or any other sum which the said court shall allow for such support, shall be considered and taken to be a valid claim against said estate, and shall be paid by the executor or administrator, in preference to any other claim against said estate, except the funeral expenses, those of the last sickness of the testator or intestate, and the costs of administration. preference &c. tors to be given Sec. 5. That the administrators, on receiving such letters, Notice to eredi shall, by advertisement inserted and continued four weeks sucby publication cessively, in one of the public newspapers printed in this State, notify the creditors of such estate to exhibit their accounts, Administrator to legally proven, within one year: and such administrators shall adjust and settle up the accounts within eighteen months from Bat court may the date of such letters, unless the court shall extend the time; extend time not which they are hereby empowered to do, on good cause shown, settle in 18 months to any time not exceeding five years from the date of such letters: Provided, That the office of executor or administrator years shall not cease or expire with the time allowed by law or the court for the settlement of the estate of the testator or intes- Office of execu tate; but such executor or administrator, unless he shall have tor or adminis resigned or be removed by the court, shall in all things conti-trator not to ex nue in the exercise of his office until the estate of the testator time for settle. or intestate is fully settled and closed. pire with the ment nexed to be go act Sec. 6. That executors or administrators, with the will an- Executors and nexed, shall be governed by the provisions of this act, so far as adininistrators relates to goods and chattels of the deceased, not otherwise with the will an disposed of in the will: Provided, That the court, when they verned by this grant probate of any will, shall cause the executor or executors named in said will, to give bond and security in the same manner as is required of administrators by this act; and in Executors to case of their refusal so that no one of the executors named in give hond, or said will, is willing to give the security required, the court trator with the shall thereupon grant letters of administration with the will will annexed apannexed, as if no executor had been named in said will. failing, adminis pointed take an oath and wards appear ceased, how to proceed Sec. 7. That the court, when they grant letters of adminis tration, shall cause the administrator to take an oath or affivna Administrator to tion, to discharge with fidelity the duties of an a ministrator give bond according to law; and shall likewise require him to give bond, with two or more sufficient securities, conditioned for the faithful performance of the duties required of him; and if it shall afterwards appear to the court, that any last will and testament If it shall after was made by the deceased, and the executor therein named, that a wil! was shall prove the same agreeably to law, the court shall require made by de the administrator to deliver such letters of administration, together with his proceedings thereon, to the court; and on delivery thereof to the court, he shall be released from his bond: but if such administrator, after being notified as aforesaid, to coine forward and deliver up his letters of administration, shall refuse or neglect so to do, then the court, by decree entered of record, shall stay all further proceedings on such letters of administration, and shall likewise oblige such administrator to give over all such assets, moneys, papers and accounts as may be in his possession, belonging to such estate, into the hands of the executor appointed under the will: and the court may al low, in these cases, to such administrator, on the delivery of his papers, such compensation for his services, while acting under the letters of administration, as may appear to them just and reasonable. temporary all. Sec. 8. That during any contest about a will, or during the infancy or absence out of the State of any executor, or until In what cases a will which once existed, but is destroyed or secreted, shall be ninistration produced or established, or for any other good cause, the court may be granted may appoint a proper person as administrator, who shall act until the disability, or other obstacle as aforesaid, shall be removed; and the administrator so appointed, shall in all respects |
