| 1802.
CHAP. 101.
Proviso. |
LAWS OF MARYLAND.
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 ascertained
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 residual 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 scire facias,
suggesting
the coming of assets to the hands of the executor or administrator,
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 ascertained, 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 agreeable 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 aforesaid, and should it appear to the auditor that there has been
no full or final account passed by the orphans court, he shall nevertheless
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. |
Crops growing on
land of deceased
to be considered
as assets. |
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 where
the land is devised, (a) shall be considered,
and is hereby declared,
to be assets in the hands of an executor or administrator, and
shall be included in the inventory to be taken and returned according
to the original act.
(a) The exception done away
by 1807, ch. 136. |
Persons conceiving
themselves aggrieved
mat appeal
to county
court. |
3. AND BE IT ENACTED, That any person who
may conceive him
or herself aggrieved by a judgment, decree, decision or order, of the
orphans court, may appeal to the county court of the county where
such judgment, decision or order, may be made, and that on such
appeal the county court shall have the same power, jurisdiction and
authority, that the general court or chancery court would have had
on an appeal to either of those courts under the original act; Provided
nevertheless, that nothing herein contained shall be construed
to affect the right of appeal from the orphans court to the court of |
