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the deceased ; and they shall be entitled to, or be answerable for
costs, in the same manner as the deceased would have been,
and they shall be allowed for the same in their accounts, pro-
vided the court awarding costs against them shall certify, that
there were probable grounds for instituting, prosecuting or de-
fending, the action on which a judgment or decree shall have
been given against them.
SEC. 6. In no action against an executor or administrator
shall he be compelled to put in special bail.
SEC. 7, 8, 9. Repealed by 1802, ch. 101.
SEC. 10. It shall be the duty of all executors and adminis-
trators to pay all just claims against the deceased, exhibited to
them, or a just proportionable part thereof, according to the
assets; and if any claim be known to the executor or adminis-
trator, (although the same be not exhibited,) he shall retain the
same, or a just proportionable part, for the benefit of the credi-
tors, provided he can satisfy the court, that such claim is just,
or may probably be recovered ; and when it is certain that there
is a claim of a person out of the state, but the amount thereof
cannot be ascertained, the court may allow such sum as it shall
think proper to be retained, to be accounted for nevertheless, if
within three years after the death of the deceased no demand
shall be made by the creditor, or his legal representative, and
suit thereon brought on the rejection thereof by the executor or
administrator, and from the time of making payment to, or a
dividend amongst, the creditors, as hereafter directed, all in-
terest on such claim, or proportionable part, shall cease ; pro-
vided, that the executor or administrator shall pay, or tender
the same, together with such further part as shall be due on
further money coming into hand, to the creditor, on demand ;
and in case the executor or administrator, on demand of a
greater sum made by such creditor, shall tender the principal
and interest which were due at the time of such dividend, or the
just proportionable part, together with such further proportion
as aforesaid of assets, and the claimant shall notwithstanding
bring suit, the said executor or administrator, at any time be-
fore judgment, may bring into court the money so tendered, or
money to an equal amount, and if he shall satisfy the court,
that the said sum was really the amount of the principal and
interest due at the time of such dividend, or of the proportiona-
ble part to which the claimant was entitled at the dividend,
together with such further proportion, (if any there arose,) the
court shall thereupon give judgment, that the sum so brought
in, deducting the costs sustained by the defendant, be paid to
the plaintiff, and the said judgment shall be pleadable in bar to
any action afterwards brought to recover the said debt ; or, in
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Accounts of
administra-
tion, and
the conduct
of execu-
tors and
administra-
tors relative
to paying
and collect-
ing debts.
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