ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

to bring suit as aforesaid, the party shall be liable to a suit on his
administration bond, and to such damages as shall be found by the

jury.

459

PROVING DEBTS AGAINST ESTATE.

149, No administrator shall discharge any claim against his
decedent (otherwise than at his own risk), unless the same be first
passed by the Orphans' Court granting the administration, or unless
the said claim shall be proved according to the following rules:
150. The voucher, or proof of a judgment or decree, shall he
a short copy thereof under seal, attested by the clerk of the court
where it was obtained, who shall certify that there is no entry or
proceeding in the court to show that the said judgment or decree
hath been satisfied. There shall likewise be a certificate of some
person authorized to administer an oath indorsed on or annexed to
a statement of the debt due on such judgment or decree, that the
creditor since the death of the deceased hath taken before him the
following oath, to wit: " That he hath not received any part of the
sum for which the judgment or decree was passed, except such part
(if any) as is credited; " and if the creditor on the judgment or de-
cree be an assignee of the person who obtained it, the oath shall go
on and say, further, "and that, to the best of his knowledge or be-
lief, no other person hath received any parcel of the said sum except
such part (if any) as is credited; " and an assignee shall also pro-
duce the assignment under the hand of the assignor; and if there
be more than one assignment, each assignment shall be produced

Art 93, s 83
1798, c 101,
sub-c 8, s 22
Administrator
not to pay
claims unless
proven or

passed

11 Md 419, 18
Md 72, 30 Md
353

Id s 84
1798 101,

sub-c 9, s 1

Judgments or
deuces, how
proven

under the hand of the party.
151. If a special bail shall have discharged a judgment against
the deceased, he shall be considered as the judgment creditor; and
in case the plaintiff who obtained the judgment shall not have as-
signed the same (as he ought to do) to the bail, a receipt from him

Id s 85
1718, c 101,
sub-c 9, s 2
Special bail dis-
charging judg-
ment substi-
tuted as judg-
ment creditor.

given to the bail shall be considered equivalent to an assignment.
132. If there be more than one creditor, the whole oath, with
the other vouchers, shall be sufficient.
153. In case of a specialty, bond, note, or protested bill of ex-
change, the vouchers shall be the instrument of writing itself or a
proved copy, in case it be lost, with a certificate of the oath made as
aforesaid since the death, and indorsed on or annexed to the instru-
ment, or a statement of the claim " that no part of the money in-
tended to be secured by such instrument hath been received, or any
security or satisfaction given for the same except what (if any) is
credited. "

Id s 86
1798, c 101,
sub-c 9, s 3,
If more than
one creditor,
what sufficient

Id s 87
1798, c 101,
sub-c 9, s 4
Proof of speci-
alty, bond, note,
or protested bill
of exchange.

154. If the creditor on such instrument be an assignee, there
shall be the same oath of the original creditor with respect to the
time of the assignment, and, in case of successive assignees, there
shall be the same oath taken by each with respect to the time of
each respective assignment.

Id s 88
1798, c 101,
sub-c 9, s 5
When assigned.