The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1851-04-21
AN Am

90 AN ACT sA Il
For the more speedy collection Of debts DO.
from executors administrators and guardians
in certain cases.
SRc. I Be il enacted BIZ the General
4ssembly, of The State Of Ohio, That
atier six months from the time The seltle-
ment account Of executors, adminislra-
tors and guardians, shall have been or
may hereafter be settled by the court, and
an order Of distribution made thereon.
that, IL shall be lawful for any person in
teres,ed therein, as d;strib1iee, clerk,
sheriff, witness or master commissioner
or other person entitled distribution Of the
estate, or fees for services rendered in
the setllemeni Of the same, his, or hel
agent or attorney, to leave with the Clerk
Of the Court in which such accoun, has
been or may bc settled, a precipe for the
purpose, directed TO such clerk, whose
duty Il shall be, forthwith, 10 issue a cita
ton, according to the direction Of The
precipe, against such executor, admins
traitor or guardian 10 show cause why
Judgment should moi be entered and ex ,
ecution awarded agains, him. her or Them.
forthe amount found in favor OF the plain,
tiff to the citation by such settlement;
which citation shall be served and re-
turned by the sheriff or o,hor officer, as
In the case Of q summons.
SEC. 2. Ii such citation shall be served
twenty days prior to any regular term Of
such court, il shall be lawful al the nexl
term afer such service, If no good cause
be shown 10 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 de-
fendants thereto, for the amounls so found
infayor of such plainlaiff, by The seule-
Inent and order OF distribution aforesaid,
with interest and cost.
Sec. 8. The sureties TO the bond of
such executor, administrator or guardian,
may be made parties defendants TO such
judgement, by scire facias, in the same
manner as the sureties Of sheriffs, as di.
recied in Swans Collated Statues, page
485, section xxxvII.
.a SEC. 4. If service Of The citation shall
no. be made twenty days before such
regular term, then judgment shall not be
entered against such executor, admins
traitor or guardian, until aGer the inter-
venlion Of one term.
SEC. s. The citation or scire facias
aforesaid, may be directed 10 and served
by the sheriff Of any county in this State.
But if such executor, administrator or
guardian, or their sureties on the bond. or
either Of them, reside ou, of this State,
the court being satisfied of the fact, Ell.
ther before or after the return of such ci-
iation or scire facias, may order that such
nonresident shall be brought into cour,
by publication in some newspaper, as The
enlr, in its discretion, may direct.
SEC. 6. Ii shall be the duty of the
clerk, on issuing execution on the judg.
aforesaid, 10 include in such execution
all the costs or fees which have been O,
may be made on settlement of The estate
in court, and also The cost of The cilatior
and scire facias as aforesaid; which coslt
or fees may be collected by the sheriff OF
other proper officer, together with The
amount for which judgement may be en-
tered in favor of such plaintiff as afore.
said. -a
SEC. z. This act TO take effect and be
in force from and after its passage.
JOHN F. MORSE,
Speaker Of the House Of Representatives.,
g. CHARLES O. CONVERS
March. ls, 1851. Speaker Of the Senate.
siE AN ACT
To amend and act entitled "an act making fur
ther provisions for the instruction Of the
blind" passed March 10, 1888 f
SEC. l. Be il enacted by The General
Assembly of the State of Ohio, That
so much Of the third section of the above
recited ACT as provides that the trustees
shall be authorized to receive into said
institution any pupils Of suitable charac
ter and capacity for instruction, residing
within this State, and, further, that there
shall be paid for their maintenance and
tuition, such SUN as the trustees shall re.
quire, not exceeding one hundred and
twenty dollars per annum, be and The
same are hereby repealed.
SEC. 2. That all pupils hereafter shal
be admiued and retained in said ins,itu
tion the usual length of time at The ey
pense of the STATE, except travelling ex
penses TO and from said institution, and
all necessary cIolhing for The pupils; any
thing in any law for the instruction of the
blind, which conflicts with the provisions
Of this act, is hereby repealed.
a. JOHN F MORSE,
Speaker Of the House Of Representatives..
CHAS. O. C0NVERS,
March IL, 1851. Speaker Of the Senate.
AN ACT to increase the General Fund for the
support Of Common Schools, established by
the sixth section Of the "Act to establish q
fund for the support Of Common School y
passed March "a. 1881, by the appropr alton
Of the proceeds Of the swamp lands to that
fund.
Sec. 1. Be ii enacied by The Gener.
al Assembly Of The STATE Of Ohio, Thai
the net proceeds which may hereafter be
paid into the State Treasury, from the
sales Of swamp lands, granted to the
State of Ohio, BY act of Congress passed
Sep. 28th, 1850, be and the same is here
by appropriated to the general fund fol
the support Of Common Schools; and tn,
State OF Ohio is hereby pledged to pay
the interest annualI,y ~, 49,, onI III -, ~