ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

463

claim, or proportionable part, shall cease from that time; provided,
that the administrator shall at any time thereafter, on demand, pay
the said claim or proportionable part to the party, his agent or at-
torney duly authorized, and whenever the administrator shall pro-
ceed to make an additional payment or dividend, he may advertise
as aforesaid, and interest shall. stop as aforesaid; and if, at any ad-
ditional dividend, a just claim, established as hereinbefore directed,
shall be exhibited, the creditor shall be entitled to such sum as will
place him on an equal footing with those who have already received
a dividend.

Proviso

17 2. It shall he the duty of an administrator to pay all just
claims against his decedent, exhibited to him, or a just proportion-
able part thereof, according to the assets; and if any claim be
known to him (although the same be not exhibited) he shall retain
the same, or a just proportionable part for the benefit of the creditor,
provided he can satisfy the court that such claim is just, or may

Id s 104
1798, c 101,
sub-c 8, i 10
When admistra-
tor to retain for
claims
21 Md 156, 426,
31 Md 341.

probably be recovered; and when it is certain that there is a claim
of a person out of the State, but the amount thereof cannot be as-
certained, the court may allow such sum as it may think proper to
be retained, to be accounted for, nevertheless, if within three years
after the death of the deceased no demand shall be made by the
creditor or his representatives, and suit brought on the rejection
thereof by the administrator, and from the time of making payment
to, or dividend amongst the creditors as herein directed, all interest

When for claims
out of State

on such claim or proportionable part thereof shall cease; provided,
that the administrator shall pay or tender the same, together with
such further part as shall be due, on further money coming into

Interest to cease
from date of
dividend

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 proportional part thereof, together with such further
proportion as aforesaid of assets, and the claimant shall notwith-
standing 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 de-
fendant, 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 afore-
said before the suit brought, the creditor shall recover no more than
the proportionable 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.

Proceedings, if
creditor claim
more than divi-
dend.