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trial by jury
shall be had
thereon,
&c.
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they find for the plaintiff upon the issues so to be joined, and
the amount of assets so found by them be less than the debt or
demand of the plaintiff, they shall declare the amount of the
debt or demand, and likewise the sum to be paid by the defen-
dant to the plaintiff, regard being had to the amount of assets
in hand, and the debts due from the deceased, the court shall
thereupon enter judgment against the defendant for the penalty
of the bond, or damages laid in the plaintiff's declaration, and
cost of suit, if the court shall so direct, which said debt or
damages shall be released upon the payment of the sum ascer-
tained to be paid by the verdict of the jury, and interest thereon
from the time of rendering the said judgment, which said sum
so ascertained to be paid by the verdict of the jury, is to be
levied of the goods and chattels of the deceased, or of the
proper goods and chattels of the defendant, and residue of the
debt or damages, so ascertained as aforesaid, is to be levied of
the goods and chattels of the deceased, which may hereafter
come to the hands of the defendant to be administered, with
interest as aforesaid, or of the proper goods and chattels of the
defendant ; and if such goods and chattels shall thereafter come
to the hands of the defendant, as executor or administrator as
aforesaid, or into the hands of any other person who may have
authority to administer the goods of the deceased, the plaintiff
may issue on the said judgment a writ of scire facias, suggest-
ing the coming of assets to the hands of the executor or admi-
nistrator, liable and subject to the payment of the residue of the
said debt or demand, with interest as aforesaid so due, upon
which, if the defendant contests the same, there shall be a trial
by jury as aforesaid; Provided, nevertheless, that in all cases
where the amount of the claim of the plaintiff has been ascer-
tained, by confession or otherwise, in any case now depending
in any court, and the same has been referred to an auditor to
ascertain the sum for which judgment shall be entered agree-
able to the provisions of the act to which this is a supplement,
that the auditor, previous to his marshalling the assets, shall
cause notice to be given to the executor or administrator of the
time and place of his proceeding to marshal the assets as afore-
said, and should it appear to the auditor that there has been no
full or final account passed by the orphans court, he shall never-
theless proceed to marshal the assets, and ascertain as aforesaid,
from the papers which may be produced to him, unless it shall
be made appear to him, by a certificate from the orphans court,
that there has been good cause why such full or final account
has not been passed by such executor or administrator.
SEC. 2. And be it enacted, That the crop growing on the land
of any deceased person at the time of his or her death, except
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