Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1851-04-05
March Is. ls5l.
AZ. 4o.l

n No 40.
AN ACT for the more speedy collection pf debts,
&c. from executors administrations and guard
ians in eeStaian cases.
Sec. l. Be it enacted bsf tie General ds-
senably Of the State Of OHIO, That after SIX
months from the time the settlement aerouna
of executors, administrators and guardians
shall have been, or may hereafter be settled
by the court, and an order of distribution l.sade
thereon, that it shall be lawful for any person
interested therein, as distributes. clerk sheriff.
witness or master commission, OF other per-
son entitled to 10 distribution of the estate, or
T fees for services rendered in the settlement
Of the same his, ,heror their agent oF attorney,
to leave with the clerk Of the court in hich
such account has been or may be settled.
precipe for the purpose, directed 10 such clerk.
whose duty it shall be. forthwith. to issue
citation, according to the direction Of the prec-
pc, 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 IA
vor of the plaintig, to the citation By such set
tlement; which citation shall be served and
returned by the sheriff or other officer as il
the case of asdmmons.
Sec 2. If such citation shall be served twen-
u
ii shall be lawful al the next term after such
service. if no good cause be shown to the con-
trary, for such court to render Judgment and
award execution thereon, in favor of such
plaintiff TO the citation. and against such de.
fendant or defendants thereto for the amount
SO found in favor Of such plaintiff By the set
tlement and order of distribution aforesaid,
with interest and cost.
Sec 3. The sureiies to the bond Of such cx-
tecutor, administrator or guardian, may be
made parties. defendants to such judgment,
by ccire facias in the same manner as the sure-
ties of sheriffs. as directed in Swan's Collatsd
Statutes page 4S5s section xxxv1I.
Sec. 4. If service of the citation shall not
be made twenty days before such regular
term, then judgment shall not be entered
against such executor, administrator or guard
ian, until after She Intervention Of one term.
Sec. 5. The citation or seire facias afore-
said, may be directed to 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 out of this State, the court being salts
fed of the fact. either before or after the re-
turn of such citation or scire faeias may order
that such nonresident shall be brought into
court BY publication in some newspaper, as
the court, in its discretion may direct
Sec. 6. 1t shall be the duty Of the clerk, on
issuing execution on the Judgment aforesaid.
TO include in such execution all the costs or
fees which have been or may be made On set
tlement of the estate in court. and also the
cost Of citation and scire facias as aforesaid:
which cost or fees may be collected by ths
sheriff or other proper officer. together with
the amount for which Judgment may be en-
tered in favor Of such plaintiff as aforesaid.
Sec. Z, This act to take effect and be in
force from and after its passage,
JOHN F. MORSE,
Speaker House Representatives.
CHAS. C. CONYERS,
Speaker Of the Senate.
March 1a, 1851.