ART. 93.] ORPHANS' COURT. 1395

P. G. L., (1860,) art. 93, sec 246. 1802, ch. 101, sec. 0.

246. If letters testamentary or of administration shall be
revoked by the orphans' court and new letters granted, pending
any action at law or in equity against the executor or adminis-
trator whose letters are revoked, there shall be the same proceed-
ings to make the proper executor or administrator a party in the
action, upon the suggestion of such revocation, as in cases where
a defendant has died pending an action.

Ibid. sec. 247. 1802, ch. 101, sec. 6.

247. If in the case mentioned in the preceding section, there
las been a judgment rendered previous to the revocation of the
letters, a scire facias shall issue upon such judgment against the
proper executor or administrator, suggesting the revocation of the
letters of the former executor or administrator, and there shall be
the same proceedings as in ordinary cases against executors and
administrators.

Ibid. sec. 248. 1802, ch. 101, sec. 7.

248. If a judgment shall be obtained against an executor or
administrator who has been made a party to a suit in the place
of an executor or administrator whose letters have been revoked,
and it shall not be found by the jury that the executor or ad-
ministrator against whom such judgment has been rendered,
has assets sufficient to discharge the same, the plaintiff in such
judgment may also issue a scire facias on such judgment against
the executor or administrator whose letters have been revoked,
suggesting that such executor or administrator did receive assets
of the deceased, liable to such judgment, more than was paid
over or delivered by such executor or administrator, to the per-
sons obtaining the said letters testamentary or of administration;
and if the same shall be controverted, it shall be ascertained by
a jury in the same manner as in cases of scire facias suggesting
assets against the second executor or administrator; and in case
of a verdict and judgment being given against such former
executor or administrator, execution may issue thereon in the
same manner as against other executors or administrators, and
the plaintiff may also sue the bond of such former executor or
administrator.