The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1851-04-03
March 10, 1851
mo. 4O.1
Az ACT

For the more speedy collection Of debts, &c, from
executors, administrator and guardians in GER
tain cases.
SEC. l. BE it enacted By the General As
sembly Of he State Of Ohio, That after six
months from the time the settlement account
OF executors, administrators aud guardians
shall have been, or may hereafter be settled
by the court, and an order Of distribution
made thereon, that it shall be lawful for any
person interested therein, as dlstributee,
clerk, sheriff, witness or master commission
err, or other person entitled to distribution
of the estate, or fees or services rendered in
the settlementof the same, his, her or their
agent or attorney, to leave with the Clerk Of
the Court in which such account has been
or may be settled, q precipe for the purpose,
directed to such clerk, whose duty it shalt
be, forthwith, to issue a citation, according
20 the direction Of the ptecipe, against such
executor, administrator or guardian, to show
cause why judgment should not be entered
and execution awarded against him. her or
them for the amount found in favor Of the
plaintiff, to the citation by such settlement;
which citation shall be served and returned
by the sheriff or other officer, as in the case
of Il m
Sec. 2. If such citation shall be served
twenty days prior to any regular term Of
such court, it shall be lawful al the nextterm
after such service, if no good cause be shown
to the contrary, for such court 10 render
judgment and award execution thereon, in
favor of such plaintiff to the citation, and
against the defendant or defendants thereto,
for the amount found in favor Of such plain
tiff, by the settlement and order of distribu-
tioh aforesaid with interest and cost.
Sec. 3. The s%uretics TO the bond of such
executor administrator or guardian, may be
nude parties, defendants to such judgment,
by scire facias in the same manner as the
s%uretIes of sherilfs, as directed in Swans
Collated Statutes, page ASS section XXXvn.
See. 4. Ifservice ofthe citation shall moi
be made twenty days before such regular
term, then judgment shall not be entered a.
gainst such executor, administrator or guar
dian, until after the intervention Of one term
SEC. D. The citation of scire facias afore-
said, may be directed to and served by the
sheriffof any county in this State. But il
such executor, administrator or guardian, or
EISlI SuItlIcs uu lllG UUDuS OF clhHcI VI tlltlll1
reside out of this State, the court being sat
isfed of the fact, either before or after the
return of such citation or scire facias may
order tina. such nonresident shall be brought
into court by publication in some newspa-
per, as the court, in its direction may direct.
Sec. g.. 1t hal be the duty of the clerk,
on issuing execution on the judgment afore-
said, to include in such execution all the
costs or fees which have been or may be
made on settlement of the estate in court
and also the cost of the citation and scire fa
cias as aforesaid; which cost OF fees may b.
collected by the sheriff or other proper off
Ger, together with the amount for whicl
Judgment may be entered in favor of sucl
plaintiff as aforesaid.
Sec. 7. This act TO take effect and be il
force from and after its passage.
JOHN F. MORSE,
Speaker Of The House IF Representatives.
CHARLES C. CONVERS,
Speaker Of The Senate
March IL. 1851.