The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1851-06-06
LAWS OF OHIO
BY THoRfTY.
ANACT

a9 AN ACTA2 ~
For ,be sp ,ed ' objection o. debts. &C., from
Erecutors. ADMINISTRATORS aud Guardians
IN certain cases' esnb Isiia. .gN adt io :.
e sro. /. Be IL enacted BY The General
Assemble of the STATE of Ohio, That after
six months from the time the settlement
account Of executors, administrators and
guardians shall hevo been, or may here
after be settled by The court, and ar order
Of distribution made thereon, thai i shall
be lawful for any person interested there.
in, as distrbutee, clerk, sheriff, witness
or master commissioner, or other person
entitled 10 distribution OF the estate, or
fees for services rendered in the settle
men, OF The same, his, her or their agent
or attorney, TO leave with the Clerk Of
the Court, in which such accoun; has
been or may be settled, precipe Tor the
purpose, directed 10 such clerk, whose
duty il shall be, forthwith, TO issue q cita,
tion, according to the direction Of the
preclpe, against such executor, admins.
traitor or guardian, 70 show cause why
Judgment should not be entered and ex-
ecution awarded against him, her or them
for the amount found in favor Of the
plaintiff, 10 The citation by such settle-
ment; which citation shall be served and
returned by The sheriff or other officer, as
in the case Of summons. 1888 81.
SIC. 2. If such citation shall be
served twenty days prior TO any regular
term Of such court, i. shall be lawful a
the next term after such service, if nc
good cause be shown TO the contrary, fol
such court 10 render Judgment and aware
execution thereon, in favor of such plain
tiff 10 the citation, and against the de-
fenlant or defendants thereto, for the
amount so found in favor Of such plain
tiff, by the settlement and order of distri.
button aforesaid, with interest and cost
SEC. 8, The sureties 10 the bond o.
such executor, administrator or guardian,
may be made parties, defendants 10 such
Judgment, by scira facias in the same
manner as the sureiies of sheriffs, as
directed in Swans Collaied Statutes,
page 4S5, section xxxvIr.
SEC. 4. Ifservice Of the citation shall
not be made twenty days before such
regular term, then judgment shall not be
entered against such executor, admins
traitor or guardian, until after the inter-
vention Of one term,
SEC. 5. The citation or scire facias
aforesaid, may be directed to and served
Z by the sheriff Of any county in this State.
But if such executor, administrator OF
guardian, or their sureties on the bond,
OF either Of them, reside out Of this State,
the court being satisfied Of the fact
either before or after the return Of sucf
citation or scne facias, may order tina
such nonresident shall be brought into
court by publication in some newspaper
as the court, in it's discretion may direct
Sec. 6. 1t shall be the duty of the
clerk, on issuing execution on the judg
ment aforesaid, to include in such execu
fion all the costs or fees which have beer
or may be made on settlement OF the
estate in court; and also the cost Of the
citation and scirc facias as aforesaid
which COSTS or fees may be collected BY
the sheriff or other proper officer, TO
gether with the amount for which judg
lnent may be entered in favor Of sucf
plaintiff al aforesaid.
SHc. 7. This act TO take effect ant
be in force from and after IFS passage.
a4 aaa John F. MORSE.
Speaker House Representatives
t,3 CHARLES c.. CONVERS,
Speaker Of the Senate
March IS, 1851.