1350 TESTAMENTARY LAW. [ART. 93.

P. G. L., (1860,) art. 93, sec. 105. 1798, ch. 101, sub-ch. 8, sec. 5. 1861, ch. 44:

1888, ch. 262.

104. Executors and administrators shall have full power to
commence and prosecute any personal action whatever, at law or
in equity, which the testator or intestate might have commenced
and prosecuted, except actions of slander; and they shall be lia-
ble to be sued in any court of law or equity, in any action (ex-
cept for slander and injuries to the person) which might have
been maintained against the deceased; and they shall be en-
titled to and answerable for costs in the same manner as the
deceased would have been, and shall be allowed for the same in
their accounts, if the court awarding costs against them shalll
certify that there were probable grounds for instituting, prose-
cuting or defending the action on which a judgment or decree
shall have been given against them. The words "actions for
injury done to the person," hereinbefore ussed shall not be held
to embrace actions for illegal arrest, false imprisonment or viola-
tion of the twenty-third, twenty-sixth, thirty-first and thirty-second
articles of the declaration of rights, or any of them, or of the ex-
isting or any future provisions of the code, touching the writ of
habeas corpus or proceedings thereunder; for all of which enume-
rated wrongs, actions may be maintained by and against executors
as they may be or might have been by and against the party or
parties deceased.

Beeston's Ezr. v.Dorsey, 1 H. & McH. 224. Ferguson v.Coppeau, 6 H. &
J. 394. Curtis' Exr. v. Bank, 7 H. & J 25. Kennerly's Exrx v. Wilson, 1 Md.
107. Baugher v. Wilkins, 16 Md. 35. Bowie v. Ghiselin, 30 Md. 553. Clark,
o. Carroll, 59 Md. 180.

Ibid. sec. 106. 1720, ch. 24, sec. 2. 1838, ch. 329.

105. No creditor shall bring a suit upon an administration or
testamentary 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.

Seegar's Exr. v. State, 5 H & J. 486. Laidler v.State, 2 H & G. 277. Igle-
hart v. State, 2 G. & J. 235. Owens v. Collinson, 3 G. & J. 25. Dorsey v. State,