ART. 93.] DEBTS. 1349

P. G. L., (186d,) art. 93, sec. 104. 1798, ch. 101, sub-ch. 8, sec. 10.
103. It shall be the duty of an administrator to pay all just
claims against his decedent exhibited to him, or a just propor-
tionable 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 probably be recovered; and when it is certain there is a
claim of a person out of the State, but the amount thereof cannot
oe ascertained, 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 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 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 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 propor-
tionable 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 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.
Pole v. Simmons, 49 Md. 14