ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

and disputed as aforesaid, the creditor or claimant shall not, within
nine months after such dispute or rejection, commence a suit for
recovery, the creditor shall be forever barred; and the administrator
may plead this section in bar, together with the general issue or
other plea proper to bring the merits of the cause to trial; and on
any dividend to be made nine months after such dispute or rejec-
tion and failure to bring suit, the administrator may proceed to pay
or distribute, as if he had not knowledge or notice of such claim,
or as if it did not exist, but, if the claim be put in suit within the
nine months, it may be ascertained by verdict or otherwise, and the
court shall proceed as herein 'directed, regard being had to the rules
herein laid down as to the notice to be given by the administrator,
and distribution or payment to be made after such notice.

465

179. In case all the assets have been paid away, delivered, or
distributed as herein directed, and a claim shall afterwards be ex-
hibited, of which the administrator hath not notice by the exhibi-
tion of the claim legally authenticated, as herein required, he shall
not be answerable for the same; and if he be sued for any claim,
and shall make it appear to the court in which suit is brought that
he hath so paid away, delivered, or distributed, and the plaintiff
cannot prove that the defendant had notice as aforesaid before such
payment, delivery, or distribution, the court shall not proceed to
give judgment (although the amount of the claim against the de-
ceased may be ascertained) until the plaintiff shall be able to show
further assets coming into the defendant's hands, but if the plaintiff
shall prove notice as aforesaid, of the said claim against the de-
fendant, judgment may immediately be given for such sum as the
plaintiff ought to have received at the dividend, and fieri facias may
issue and have effect, and further judgment may be given on coming
in of further assets.

PAYMENT OF LEGACIES AND DISTRIBUTIVE SHARES.

Id s 109.
17<)8, c 101,
sub-c 8, s 15,
1823, c 131, s 2
When adminis-
trator answer-
able on claim
alter notice.

180. Any release or receipt executed to any executor, adminis-
trator, or guardian, by any person authorized to execute the same
(and any female over eighteen years of age is hereby authorized to
execute the same), which shall be acknowledged and certified as
hereinafter directed, may be recorded in the office of the register of
wills of the county where letters testamentary or of administration
were granted, or where the guardian was appointed or gave bond;
and a copy of the record under seal of such release or receipt, shall
be evidence of such release or receipt.

Art 79 s 1
1809, c 168, ss
1, 2, 1859, c 216,
s 7, 1831, c. 305,
ss 3-5
Releases to
administrators
and guardians
. may be re-
corded.
3 Md Ch Dec.
234, 4Md Ch
Dec 228, 21 Md
11, 22 Md 298,
28 Md 370
Copy of record,
evidence.

181. The releases and receipts mentioned in the preceding sec-
tion, may be acknowledged in this State before a justice of the
peace; and if acknowledged before a justice of the peace of any
other county or city than that in which it is to be recorded, there
shall be a certificate of the clerk of the Circuit Court of the county,
or the Superior Court of Baltimore City, under the seal of the court,
that the person before whom the acknowledgment was taken, was at
80

Id. s 2
11809, c 168, s 1,
18ol, c 305, s 1,
18S6, c 154, s 84.
Before whom
acknowledged
in the State, and
how certified
8 Md 234, 12
Md 420, 13 Md.
410.