474

LAWS OF MARYLAND.— 1802.

aforesaid, there shall be the same proceedings as is provided
by the. fourth section of the fifth chapter of the act to which
this is a supplement.

In case a

judgment
shall be
obtained
against an
executor,
made a
defendant,
&c. scire
facias may
also issue
against
executor
whose let-
ters have
been re-
voked.

SEO. 7, And be U enacted, That in case a judgment shall be
obtained against any executor or administrator, made a defen-
dant as aforesaid, and it shall not be found by the jury that
such executor or administrator has assets sufficient to discharge
the same, the plaintiff in such judgment may also issue a scire
facias on such judgment against the executor or administrator
whose letters have been revoked as aforesaid, suggesting that
such executor or administrator, as the case may be, did receive
assets of the deceased liable to such judgment, more than was
paid over or delivered by such executor or administrator to the
person or persons obtaining the said letters testamentary or of
administration, and in case the same shall be controverted, it
shall be ascertained and determined by a jury, in the same
manner as in cases of scire facias, suggesting assets against the
second executor or administrator, and in case of a verdict and
judgment being given against such former executor or adminis-
trator, execution may issue thereon in the same manner as
against other executors or administrators, and the plaintiff may
also proceed against the securities in the same manner as against
the securities of an executor or administrator whose letters have
not been revoked.

Executor,
&c. not
bound to
take notice
of judgment
against de-
ceased, &c.

SEC. 8. And, whereas compelling an executor or adminis-
trator to take notice of all judgments and decrees against the
deceased is productive of great inconvenience, as well to the
executor or administrator as to the other creditors, in as much
as he cannot, with safety, pay off other debts, though the said
judgments or decrees may be fully discharged, unless such exe-
cutor or administrator is in, possession of the receipt or other
legal evidence of the payment; and it appearing proper that
such creditors, as to the manner and time of producing their
claims, should be placed in the same situation as others ; there-
fore, Be it enacted, That an executor or administrator shall not
be bound to take notice of or discover any judgment or decree
against his or her deceased, but such judgment or decree creditor
shall exhibit his claim in the same manner as other creditors,
and in case the same shall not be exhibited, such claim shall
be barred in the same manner as if it rested on bond or simple

Proviso.

contract; Provided, that nothing herein contained shall extend,
or be construed to extend, to deprive such creditor of the pre-
ference given by the original act, in cases where the claim is in
due time exhibited.
SEO. 9. And be it enacted, That in no case shall the order
made by the orphans court, or by the register of wills, that an