ART. 93.] TESTAMENTARY LAW. 641

with such further part as shall be due, on further money coming
into hand, to the creditor on demand; and in case the ad-
ministrator 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 proportional part thereof, to-
gether with such further proportion as aforesaid of assets, and
the claimant shall notwithstanding bring suit, the administrator,
at any time before 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 prin-
cipal and interest due at the time of such dividend, or of the
proportionable 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 case the administrator shall not tender as aforesaid before
the suit brought, the creditor shall recover no more than the
proportionable part due at the time of the dividend and such
further proportion as he was entitled to on the "coming in of
further assets, with interest on each to the time of judgment.

105. Executors and administrators shall have full power to
commence and prosecute any personal action whatever at law
or in equity which the testator or intestate might have com-
menced and prosecuted, except actions of slander, and actions
for injury done to the person, and they shall be liable to be sued
in any court of law or equity, in any action (except as aforesaid)
which might have been maintained against the deceased, and
they shall be entitled to and answerable for costs in the same
manner as the deceased would have been, and shall be allowed
for the same in their accounts, if the court awarding costs against
them shall certify that there were probable grounds for institut-
ing, prosecuting or defending the action on which a judgment or
decree shall have been given against them.

106. No creditor shall bring a suit upon an administration
or testamentary bond for any debt or damages due from, or
recovered against the decedent, before a non est on a summons
is returned against the administrator or a fieri facias returned
nulla bona by the sheriff of the county where the administration
was granted or where the effects of such deceased lie, or such
other apparent insolvency or insufficiency of the estate of such
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