190 Assembly Proceedings, September 1642.

Liber P K

deceaseds estate to the paym^t of any debt or legacie, before
the end of the next Ordinary Court after his Probate or Admin-
istration vnder Seale: and afore a Bill published at the vsuall
place of the County, requiring all persons clayming to that
estate, to enter their clayme (in his book at least) before the
end of the said next Court. And after such Court as aforesaid,
the Exequutor or Admrator may be Judged for any debt or
legacie, & may iustifie the payment of any, so it be without
preiudice of others having right of precedency by the Law.
And in case the estate be not found solvent to all debts and
Legacies, the Exequutor or Admrator shalbe bound to pay in

p. 23

the order following, viz that Legacies in kind be paid afore
Legacies in value, and debts afore Legacies. And of debts
that funerall charges [be] first defrayed, then Landlords rents,
then the debts of the Lord Proprietary contracted bona-fide
(other then by fine, forfeiture, or assignments to others vse)
then publique leavies, and officers ffees, then Servants wages,
then iudgements appearing vpon record within the Pr[ovince]
and of them the first recorded be first paid. And that all other
debts be paid by aequall partition.
The Exequutor or Admrator, with consent of any two or
more Creditors or Legataries may admitt and allow any debt
of the deceased, & iustifie the payment of the same, so it be in
such order as is afore appointed,
where the Exequutor or Admrator hath right to succeed to
the residue, no fee shalbe due to him for his paines. and like-
wise where any Creditor or Legatary is Exequutor or Admrator,
and there be not sufficient to pay all debts and legacies within
this Province, there shalbe no fee due for paines. But in all
other cases the Exequutor or Admrator shall have such allow-
ance for his or her paines as the Judge shall think fitt, so it
exceed not ten per centum of the estate brought into the
accompt received,
where any goods owing for, are remaining in specie, among
the goods of the deceased, the Creditor of such goods (or his
assigne) making sufficient proofe of it, may have the said
goods restored to him without diminution, in satisfaction of so
much of his debt, if he demand it afore the property of the
goods be altered. This Act to endure for three years from
this present day.