LAWS OF MARYLAND.— 1798.

395

ment under all circumstances ; and the court of law shall have
power to direct the jury, and grant a new trial, as if the issue or
issues were in a suit therein instituted, and a certificate from
such court, or any judge thereof, of the verdict or finding of the
jury, under the seal thereof, shall be admitted by the orphans
court to establish or destroy the claim, or any part thereof; and
if the executor shall give in such claim, or the same, or any
part, be established as aforesaid, he shall account for the sum
due in the same manner as if it were so much money in his
hands, and on failure his bond may be put in suit.
SEC. 21. In like manner it shall be the duty of every admi-
nistrator to give in a claim against himself, and on giving it,
or failure to give it in, there shall be the same proceedings in
every respect as are herein prescribed with regard to an
executor.
SEC. 22. No executor or administrator shall discharge any
claim against the deceased, (otherwise than at his own risk,)
unless the same be first passed by the orphans court granting
the administration, or unless the said claim be proved according
to the following rules.
By 1820, ch. 74, an executor, for his protection, may return, within one
year, a list of debts due from the deceased, which shall be prima facie
evidence of the debts due from the deceased.

CHAPTER IX.

SEC. 1. The voucher or proof of a judgment or decree shall be
a short copy thereof, under seal, attested by the clerk or register
of the court, where it was obtained, who shall certify, that there
is no entry or proceeding in the court, to shew that the said
judgment (or decree) hath been satisfied; there shall likewise
be a certificate of some person authorized to administer an oath
endorsed on, or annexed to, a statement of the debt due on such
judgment or decree, that the creditor, since the death of the
deceased, hath taken before him the following oath, or affirma-
tion, viz. 'That he (or she) hath not received any part of the
sum for which the judgment or decree was passed, except such
part (if any) as is credited;' and if the creditor on the judgment
or decree be an assignee of the person who obtained it, the oath,
or affirmation, shall go on, and say further, 'and that, to the
best of his (or her) knowledge or belief, no other person hath
received any parcel of the said sum, except such part (if any) as
is credited' and an assignee shall also produce the assignment,
"under the hand of the assignor; and if there hath been more
than one assignment, each assignment shall be produced under
the hand of the party.
SEC. 2. If a special bail shall have discharged a judgment
against the deceased, he shall be considered as the judgment
creditor, and in case the plaintiff who obtained the judgment

Rules for
authenti-
cating or
proving
claims
against a
deceased
person.