642 TESTAMENTARY LAW. [ART. 93.

administrator as shall in the judgment of the court render such
creditor remediless by any other reasonable means save that of
suing such bond.

107. And if any action shall be commenced against an ad-
ministrator for the recovery of a larger debt or damages than
he shall think due, so that the same cannot be ascertained before
verdict, the administrator shall be allowed to retain such sum to
meet the said debt or damages as the Orphans' Court shall allow,
and if more than enough be allowed, the party shall afterwards
account for it, but nothing shall be retained on account of such
further debt or damages, where the court shall be satisfied that
there will be money sufficient coming in after such dividend to
meet the said damages, or a just proportion thereof, regard being
had to other claims

108. If a claim be exhibited against an administrator, which
he shall think it his duty to dispute or reject, he may retain in
his hands assets proportioned to the amount of the claim, which
assets shall be liable to other claims, or to be delivered up or
distributed in case the claim be not established; and if on any
claims exhibited and disputed as aforesaid, the creditor or claim-
ant shall not, within nine months after such dispute or rejection,
commence a suit for recovery, the creditor shall be forever
barred; and the administrator may plead this section in bar, '
together with the general issue or other plea proper to bring the
merits of the cause to trial; and on any dividend to bo made
nine months after such dispute or rejection and failure to bring
suit, the administrator may proceed to pay or distribute, as if he
had not knowledge or notice of such claim, or as if it did not
exist, but if the claim be put in suit within the nine months, it
may be ascertained by verdict or otherwise, and the court shall
proceed as herein directed, regard being had to the rules herein
laid down as to the notice to be given by the administrator, and
distribution or payment to be made after such notice.

109. In case all the assets have been paid away, delivered or
distributed as herein directed, and a claim shall afterwards be
exhibited, of which the administrator hath not notice by the
exhibition of the claim legally authenticated, as herein required,
he shall not be answerable for the same; and if he be sued for
any claim, and shall make it appear to the court in which suit is
brought that he hath so paid away, delivered or distributed, and
the plaintiff cannot prove that the defendant had notice as afore-