The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1851-04-09
mo. 39.l
AN ACT

Speaker OF the Senate.
March l3, 1851.
tN0' FOI AN ACT
For the more speedy collection Of debts, &C.,
from executors, administrators and guardians
in certain cases.
Sec. |. Be it enacted by the General As
ssmbly Of the State Of Ohio, That after six
msn,hs 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
persen interested therein; as distrbuteei )
clerk, sheriff, witness or master commission
er, or other person entitled 10 distribution OF
the estate, or fees for services rendered in
the settlement ofthe same, his, her or the ir
agee, or attorney, to leave with the Clerk of
The Court in which such account has been
or mny be settled. precipe for the purpose,
directed to such clerk; whose duty it shall be
forthwith, to issue q citation, according TO
The direction of the precipe, against such
executor, administrator or guardian, TO show
cause why judgment should not be entered
and execution awarded against him, her, OF
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 summons.
Sec. 2. If such citation shall be served
twenty days prior 10 any regular term OF
such court, il shall be lawful at the next
term after such service, if no good cause be
shown to the contrary; for such court TO rem
der judgment and award execution thereon
IN favor Of such plaintiff 10 the citation, and
lagainsl the defendant or defendants thereto,
for the amount SO found in favor of such
iplaintiff, by The settlement and order of dis
itrbu,ion aforesaid, with ;nieres, and cost.
Sec. 5. The sureties to tho bond of such
'execuioT, administrator or guardians may be
ia de pafties, defendants To such judgment,
by scire fAcias in the same manner as the
eureties of sherffs, as directed in Swans
ColIated Statutes, pnge 4s5 section xxxviI.
Sec If service of the citation shall
not 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.
See. 5. The citation or ecire facias n.
foresaid, may be directed to and served by
the sheriff Of any county in his State. Sui
If such executor, administrator or guardian
or their sureIies on the bond, or either O
them, reside out ofthis State, the court being
satisfied Of the fact, either before or after th'
return Of such citation or scire iacias maj
order thai such non resident shall be brough
, into coutt by publication in some newspaper
: as the court in it's discretion may direct.
Sec. 6, 1t shdIl be the duty Of the clerk
on issuing execution on the judgment afore
said, to include 10 such execution all th
costs or fees which have been or may b.
made on settlement of the estate in court
aud also the cost Of The citation and scire IA
cius as aforesaid; which costs or fees may b
collected by the sheriff or other proper off
: Ger, together with the amount for whic
!, judgment tfisg be entered in tavo. Of sue
plaintiff as aforesaid.
Sec Z. This ac, to take effect and be j
: force from and after its passage.
JOHN F, MORSE,
Speaker OF The House of Representatives.
! CHARLES G CONVERS,
, Speaker of the Senate.
March lS, 1851.
No. All
: AN ACT
Supplementary to the act fixing the times or holt
= ing the Supreme Court,
See. ]. Be IL enacted by The GSnsral A
sembly Of Tie State of Ohis That the 81
preme Court shall be held in the county {
PauldIng on the first day Of July; and 3
much Of said act as is contrary 10 this act,
hereby repealed.
JOHN F. MORSE,
SpSakeE Of the House Of Representatives.
CHARLES G. CONVERS,
J, Speaker of the Senate.
March 10, 1851.
y AN ACT
supplementary to an act prescribing the tinies
holding Courts in the first Judicial Cifcuit &
- the year S5l.
II Sec. !. Be IL enacted by the General Al
!, ssmbly Of the State of Ohio, That all procel
2 Nrits and orders issued and returned or II
y iurnabIs 10 the March term Of The Court
q Common Pleas Of Miami county, in the yei
% 1851, shall be as legal and valid as though