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the end of each term, to obtain from the clerk of said court, a certificate of the number of the days each judge attended during said term, 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.

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, 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

Associate judges to Obtain from clerk a certificate, etc.

Commis-
Sioners to

issue an Or

der on treaSurer. etc.

Associate judges not entitled to sees.

Clerks,

their duty

Treasurer. his duty.

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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.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That when any person in 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

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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 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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