2064 TESTAMENTAET LAW. [ART. 93

interest on such claim or proportionable part thereof shall cease; pro-
vided that the administrator shall pay or tender the same, together with
such further part as shall be due. on further money coming into hand,
to the creditor on demand; and in case the administrator 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 pro-
portional part thereof, together with such further proportion as afore-
said 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 principal 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 proportion-
able 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.

Object of the portion of this section authorizing an administrator to retain
money to meet a claim; such retainer does not imply an acknowledgment
of the debt, or remove the bar of the statute of limitations. Pole v. Sim-
mons, 49 Md. 19.

1904 art. 93, sec. 103. 1888, art. 93, sec. 104. 1860, art. 93, sec. 105.
1798, ch. 101, sub-ch. 8, sec. 5. 1861, ch. 44. 1888, ch. 262.

104. Executors and administrators shall have full power to com-
mence and prosecute any personal action whatever, at law or in equity,
which the testator or intestate might have commenced and prosecuted,
except actions of slander; and they shall be liable to be sued in any
court of law or equity, in any action (except for slander and injuries to
the person) 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 instituting, prosecuting or
defending the action on which a judgment or decree shall have been
given against them. The words "actions for injury done to the person,"
hereinbefore used, shall not be held to embrace actions for illegal
arrest, false imprisonment or violation of the twenty-third, twenty-sixth,
thirty-first and thirty-second articles of the declaration of rights, or any
of them, or of the existing or any future provisions of the code, touching
the writ of habeas corpus or proceedings thereunder; for all of which
enumerated wrongs, actions may be maintained by and against executors
as they may be or might have been by and against the party or parties
deceased.