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The 190th General Court of the Commonwealth of Massachusetts

Section 6: Nonsuit or default

Section 6. If the executor or administrator does not appear on the return of the citation or within such further time as the court allows, he shall be nonsuited or defaulted and judgment rendered against him in like manner as if the action had been commenced by or against him in his said capacity, except that he shall not be personally liable for costs; but the estate of the deceased in his hands shall be liable for the costs, as well as for the debt or damages recovered.