Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1851-04-10
AN ACT

AN ACT
for The more speedy collection Of depis, &C..
from executors, administrators and guard
ians in certain cases.
SEC. l. Be de1aaoted 5y the General Assem-
6h of the State Of Ohio, That after six months
from the time the settlement account of exc
cutors, administrators and 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 interes-
fed therin, as distributee, clerk, sheriff. witness
or master commissioner. or other person enti-
tied to distribution of the estate. or fees for
services rendered in the settlement Of the same,
his, her or their agent or attorney, to leave
with the Clerk of the Court in which such ac-
count has been or may be settled, precipe for
the purpose, directed to such clerk, whose duty
il shall be, forthwith, to issue a citation, ae-
cording to the direction of the precipe, against
such executor, administrator guardian, TO
show cause why judgment should not be enter
ed 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 a
summons.
SEC. 3 II such citation shall be served
twenty days prior to any regular term of such
court, it shall be lawful at the next term 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 defen-
dant or defendants thereto, for the amounts SC
found in favor Of such plaintiff, by the settle
ment and order of distribution aforesaid, viii
interest and cost.
SEC. B. The sureties 10 the bond of such
executor administrator or guardian, may be
made parties, defendants to such judgment, BY
scre faclas in the same manner rs the suretie.
of sherifs, as directed in Swans Collatet
Statutes, page 4S5. section xxxyn.
Sec. 4. If service of the citation shall moi
be made twenty DAYS before such regular term
then judgment shall not be entered against suct
executor, administrator or guardian, until al
ter the Intervention Of one term
SEC. 5. The citation or scire facias afore-
said, may be directed TO and served by the
sheriff of any county IN this State. But if such
executor, administering or guardian, or theiI
sureties on the bond, or either of them, reside
out of this State, the court being satisfied
of the fact, either before or after the return oi
such citation or scire facias may order thai
such nonresident shall be brought into cour
/ by publication in some newspa Der, as the court
in its discretion may direct.
SEC. 6. 1t shall be the duty of the clerk, on
issuing execution on the Judgement aforesaid, 4
include in such execution all the cOsts or fee
which have been or may be made on settlement o
the estate in court; and also the cost Of the cta
tion and scire facias as aforesaid; which cost oil
fees may be collected by the sheriff or oths
proper officer, together with the amount TO
which judgment may be entered in favor ofsucl
plaintiff as aforesaid.
SEC. 7. This act to take effect and be il
! force fro m and after its passage.
JOHN r. MORSE,
Speaker of the House of Representatives.
CHARLES C. CoNvERs,
Speaker of the Senate
March Is, 1851.
l hereby certify that the foregoing
are correct copies from a certified copy
of the original roll, on file in the Sec
retary of States Office.
D. B. HEBARD, Auditor.