ART. 93] DEBTS. 2065

Costs.

Where costs are rendered against an administrator under this section, such
judgment is against the administrator personally and not against the estate.
Hence, the administrator's surety is not responsible. Ferguson v. Cappeau, 6
H. & J. 402.

The authority given the orphans' court by section 5 to allow costs and
counsel fees, is somewhat modified by this section. Dalrymple v Gamble,
68 Md. 164.

This section provides the only restraint upon executors in disputing claims.
Bowie v. Ghiselin, 30 Md. 557.

Generally.

Distinction drawn between the right of action under this section for
personal injuries resulting in death, and the right of action under article 67.
section 1; each is independent of the other. History of this section. Stewart
v. United Electric, etc., Power Co., 104 Md. 334.

Money collected by an administrator under this section for damages to
the deceased and his estate, must be duly accounted for like other assets;
contra as to damages recovered by the administrator under the statute of
another jurisdiction (similar to those recoverable in Maryland under article
67), on account of the death of the deceased. Dronenburg v. Harris, 10S
Md. 616.

The words "personal action'' construed. The act of 1798, ch. 101, held
to include an action of trespass q. c. f. Kennerly v. Wilson, 1 Md. 107. As
to trover, see Brummett v. Golden, 9 Gill, 97.

The act of 1888, ch. 262, held to have no application where the plaintiff
died before its passage. Harvey v. B. & O. R. R. Co., 70 Md. 324.

The act of 1861, ch. 44, strictly construed. That act had no application
to actions for malicious prosecution. Clark v. Carroll, 59 Md. 182.

See notes to sec. 81.

For the statute regulating suits for negligence resulting in death, for the
benefit of the family of the deceased, see art. 67, sec. 1, et seq.

For forms of declarations and pleas in suits by and against executors and
administrators, see art. 75, sec. 24, sub-sec. 90, et seq.

As to the plea by an administrator of "insufficient assets," and proceed-
ings thereafter, see art. 26, sec. 26, et seq.

As to suits before a justice of the peace where executors or administra-
tors are parties, see art. 52, sections 9 and 10; see also. art. 52, sec. 59.

As to abatement in the court of appeals, see art. 5, sec. 75, et seq.

1904, art. 93, sec. 104. 1888, art. 93, sec. 105. 1860, art. 93, sec. 106.
1720, ch. 24, sec. 2. 1838, ch. 326.

105. No creditor shall bring a suit upon an administration or testa-
mentary 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 administrator as shall, in the judgment of the court,
render such creditor remediless by any other reasonable means save that
of suing such bond.

This section limits the broad language of section 101. This section is
applicable to creditors whose debts haye been established, and a declaration
must allege a compliance with the prescribed conditions. Mertens v. Moore.
108 Md. 637. As to the allegations of the narr., see also. Dorsey v. State, 4
G. & J. 477; Laldler r. State, 2 H. & G. 280; Seegar v. State, 5 H. & J. 488;
cf. Laldler v. State, 2 H. & G. 282.

For a replication to a plea setting up a failure to comply with this section,
held sufficient as demonstrating that the creditor was remediless save by
suing the bond, see Iglehart v. State. 2 G. & J. 245.